The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Aug. 22
15 snips
Aug 25, 2025 James Pearce, a Lawfare contributor and counsel at the Washington Litigation Group, joins Benjamin Wittes and others to dive into the current legal labyrinth surrounding the Trump administration. They dissect the FBI's controversial search of John Bolton's home and the implications for national security. The discussion moves to a judge's ruling against Alina Habba's appointment and a Supreme Court ruling impacting grant terminations. Listeners are treated to insightful analysis on selective prosecution and the evolving nature of political appointments amid ongoing legal challenges.
AI Snips
Chapters
Transcript
Episode notes
Why U.S. Attorney Appointments Matter
- U.S. attorneys are Senate‑confirmed officers who hold long‑standing constitutional significance dating to 1789.
- Improper interim appointments can meaningfully disrupt prosecutorial legitimacy and local justice administration.
Court Found Haba's Appointment Unlawful
- Chief Judge Braun found Alina Haba's appointment did not comply with the limited statutory routes for interim U.S. attorneys.
- The ruling disqualified Haba from participating in prosecutions and supervising New Jersey assistant U.S. attorneys.
FVRA Limits Executive Workarounds
- The Federal Vacancies Reform Act (FVRA) is the primary, cross‑agency continuity statute for temporary fills of Senate‑confirmed posts.
- Courts may limit creative workarounds that attempt to sidestep FVRA's exclusivity, tightening interim appointment practices.