Trump DOJ appointee admits having 'tricks up our sleeves' to bypass law

Former FBI Director James Comey is going after the appointment of the prosecutor in his Virginia case, alleging that he lied to Congress.

In a court filing challenging U.S. Attorney Lindsey Halligan, Comey's lawyers cite another U.S. attorney, like Halligan, whom the Senate has not confirmed for the appointment.

The Senate Judiciary Committee vets all U.S. attorney appointments. Under federal law, interim U.S. attorneys serve for 120 days unless the Senate confirms them or district judges extend their term. If no one is confirmed after that period, the district court may appoint a replacement.

The 120-day limit was reached in New Jersey with Alina Habba, and the courts elevated the deputy to serve as U.S. attorney.

The same thing is unfolding in Los Angeles, where U.S. Attorney Bill Essayli was appointed. Lawfare's Roger Parloff noted that his appointment is now facing a court challenge due to his exceeding the 120-day limit. Speaking in an interview with far-right streaming host Glenn Beck, Essayli said, "We've got some tricks up our sleeves" to circumvent such requirements.

Parloff noted Essayli's comments can now be added to the "Annals of unwise public boasting."

In New Jersey, for example, President Donald Trump's administration attempted to reappoint Habba by naming her First Assistant U.S. Attorney and “Special Attorney” under another statute — a maneuver later ruled unlawful by a federal judge.

Comey listed all of these details in his challenge to Halligan's appointment.