These are all the Trump prosecutors removed from high profile cases
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President Trump on Jan. 6 in Washington, D.C. Photo: Alex Wong/Getty Images
At least five Trump-appointed prosecutors have been disqualified recently after judges ruled they were serving unlawfully.
The big picture: President Trump has filled federal prosecutor vacancies with loyalists in interim U.S. attorney roles, but the rulings signal growing judicial resistance to the president sidestepping the Senate confirmation process.
- The attorney general can appoint an interim U.S. attorney for up to 120 days if the president does not nominate — and the Senate does not confirm — a permanent replacement.
- After that, the federal district courts can appoint a temporary prosecutor until a permanent nominee is confirmed.
- Judges across the country have ruled that the Justice Department and the interim attorneys have exceeded the 120 day limit.
- "This Department of Justice will continue to fight and defend the President and the Attorney General's authority to appoint their U.S. Attorneys," a DOJ spokesperson told Axios Friday.
- "President Trump has full confidence in his lawfully appointed U.S. attorneys, whose work has made the nation safer," White House spokesperson Abigail Jackson told Axios. "These rulings will not be the final say on the matter."
Here are the Trump-appointed attorneys who have been disqualified from their roles.
Bilal Essayli in California
In October, a federal judge disqualified acting U.S. attorney for California's central district Bilal Essayli, who was appointed by the administration but was never approved by the Senate.
- U.S. District Judge Michael Seabright declared that the acting attorney, appointed in April, had been unlawfully serving in his role for months after the Justice Department attempted to move him into a different role to extend his tenure.
Yes, but: Seabright allowed Essayli to continue serving a First Assistant U.S. Attorney, effectively keeping him as the office's top prosecutor.
- And unlike some other rulings, Seabright declined to throw out the cases Essayli was involved in prosecuting.
- "For those who didn't read the entire order, nothing is changing. I continue serving as the top federal prosecutor in the Central District of California," Essayli wrote on X in late October.
Sigal Chattah in Nevada
Sigal Chattah, the interim U.S. attorney for the district of Nevada, was dismissed from her role in September after U.S. District Judge David Campbell ruled she had been serving in violation of the Federal Vacancies Reform Act.
- As with Essayli, the DOJ shifted Chattah into another position shortly before her 120-day appointment expired, allowing her to continue leading the office.
Worth noting: Campbell wrote that the Justice Department lacks the authority to assign supervision of criminal cases to Chattah once her interim appointment ended, regardless of her title.
Alina Habba in New Jersey
Trump's former personal attorney Alina Habba was disqualified from her role as U.S. attorney for New Jersey by a federal appeals court in December.
State of play: Habba was appointed to the interim role in March. Trump then nominated her for the permanent post in June, but the Senate never acted on her nomination, which the president eventually withdrew on July 24.
- The same day her nomination was withdrawn, Attorney General Pam Bondi appointed Habba as a special attorney to conduct "any kind of legal proceedings ... which United States Attorneys are authorized to conduct."
- U.S. District Judge Matthew Brann had ruled in August that Habba was acting without legal authority for about two months at that point, and her actions since July 1 may be considered void.
Habba resigned shortly after the appeals court's ruling, though she noted she would continue serving as Bondi's senior adviser for U.S. attorneys.
- "Do not mistake compliance for surrender," she wrote on X. "This decision will not weaken the Justice Department and it will not weaken me."
Lindsey Halligan in Virginia
Trump's hand-picked prosecutor Lindsey Halligan, who led cases against former FBI Director James Comey and New York Attorney General Letitia James, was improperly appointed, a federal judge ruled in November.
- U.S. District Judge Cameron McGowan Currie dismissed all actions taken by Halligan in both cases.
- The Justice Department accused federal judges in December of waging a "campaign of bias and hostility" against Halligan, even as it continued to defy court orders declaring her appointment invalid.
Of note: A federal judge this week ordered Halligan to explain why she's still identifying herself as the U.S. attorney for the Eastern District of Virginia, despite the ruling.
- U.S. District Judge David Novak gave her seven days to respond, warning that her actions could potentially trigger disciplinary proceedings.
John Sarcone in New York
U.S. District Judge Lorna Schofield ruled Thursday that Trump loyalist John Sarcone had been unlawfully serving as interim U.S. attorney for the Northern District of New York.
- Sarcone — who was investigating James' past civil case against the president — was disqualified from overseeing her investigation and another case.
- Schofield ruled that all the subpoenas Sarcone issued are "quashed," since he overstayed his 120 day appointment. Sarcone has served in the role since last March.
Go deeper: Prosecutor disqualified from investigating Letitia James, judge rules
