A swift and decisive action has shaken the foundations of the US Attorney’s office in Virginia. Deputy Attorney General Todd Blanche wasted no time in dismissing James Hundley, a seasoned litigator with over three decades of experience, immediately after his appointment as Interim US Attorney.
Hundley’s appointment itself was a response to a complex legal challenge. Federal judges in Virginia had posted the position following the departure of Lindsey Halligan, who was previously deemed invalidly appointed by Judge Cameron McGowan Currie.
The situation escalated last November when Judge Currie, appointed by President Clinton, dismissed criminal cases involving prominent figures James Comey and Letitia James. This ruling simultaneously challenged Halligan’s authority as Interim US Attorney, creating a power vacuum.
A previous attempt to solidify Halligan’s position involved Pam Bondi, who retroactively designated her as a “special attorney.” This move granted Halligan the ability to participate in legal proceedings, but Judge Currie maintained she could not fulfill the role of Interim US Attorney.
Despite the judges’ efforts to fill the vacancy, Blanche’s actions underscore a fundamental disagreement over the appointment process. He asserts, with unwavering conviction, that the power to appoint US Attorneys rests solely with the President, citing Article II of the Constitution.
This isn’t an isolated incident. Just weeks prior, Blanche executed a similar dismissal in New York, removing Donald Kinsella, another US Attorney appointed by judges. His message was identical: the courts do not have the authority to make these appointments.
Blanche’s public pronouncements, delivered via social media, are stark and uncompromising. “EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!” he declared, leaving no room for ambiguity.
The unfolding events raise critical questions about the balance of power between the judicial and executive branches. This clash over appointments is not merely procedural; it strikes at the heart of constitutional authority and the proper functioning of the justice system.
