US Attorney Extension Questioned by Senator

From Truthout:



When Debra Wong Yang resigned from her position as US attorney for the Central District of California in November, 2006, the Bush administration did not appoint a replacement. Instead, her second-in-command, Chief Assistant US Attorney George Cardona took over the office. Under the Federal Vacancies Reform Act, Cardona became the acting US attorney until a presidential appointment could be made. Under the Act, his temporary term was limited to 210 days. No replacement has yet been named and Cardona's term is set to expire Saturday.


In an interview Thursday, Cardona said that he "has not heard from DOJ," regarding his status. In order to comply with the deadline set by the Federal Vacancies Reform Act, the attorney general must name someone to head the office before Saturday.


In an email sent to Congressional judicial aides this week, the Justice Department said it planned to continue to keep George Cardona, acting US attorney for the Central District of California, in a temporary role instead of appointing a permanent replacement.


If the Saturday deadline is not met, it is unclear who would be in charge of the US attorney's office for the Central District of California, the Federal law enforcement body that serves roughly 17 million people. Cardona said the DOJ can prevent a lapse in authority if they address the situation Friday. According to Cardona, "an appointment would have to be signed at DOJ in Washington, DC and [Cardona] would have to be sworn in in Los Angeles," all before Saturday.


According to Congressional judiciary staff, the DOJ intends to use a legally-questionable stopgap measure to extend Cardona's temporary service. The DOJ intends to change Cardona's status from acting US attorney, to interim US attorney. This would give the White House an additional 120 days to appoint a permanent replacement. One Senate aide characterized the DOJ email which laid out their intention to change Cardona's official status as "unclear," stating that she "did not know if it was even an official correspondence."