Bloomberg Law Trump Wants $230 Million & James Comey's Defense
Oct 23, 2025
Harold Krent, a constitutional law professor at Chicago-Kent, dives into Trump's ambitious $230 million claim against the Justice Department, discussing the constitutional intricacies of U.S. attorney appointments. Meanwhile, Abbe Smith, director of the Criminal Defense Clinic at Georgetown Law, examines James Comey's motions, addressing the complexities of vindictive prosecution and the high evidence bar needed for selective claims. Together, they unpack the legal implications and challenges surrounding both cases, revealing a tangled web of justice and accountability.
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Concatenated Moves To Avoid Confirmation
- The Trump administration used a sequence of personnel moves to avoid Senate confirmation for a U.S. attorney.
- Harold Krent argued this concatenation likely circumvents the Appointments Clause and the Vacancies Act.
Vacancies Act Limits Executive Workarounds
- The Vacancies Act permits temporary appointments but sets strict sequences and time limits for filling vacancies.
- Krent said firing the career first assistant and reappointing Habba undermined Congress's goal of experienced interim leadership.
Fix It By Seeking Confirmation
- The simplest constitutional cure is for the president to nominate and seek Senate confirmation for his choice.
- Krent suggested the Supreme Court may avoid this intricate fight if the president simply follows the confirmation route.