Judges Pick Prosecutor—DOJ Nukes Him

A federal court tried to pick Virginia’s top prosecutor—and the Trump Justice Department shut it down within hours, setting up a high-stakes separation-of-powers fight.

Quick Take

Federal judges in the Eastern District of Virginia appointed veteran lawyer James W. Hundley as interim U.S. attorney, but DOJ fired him the same day.
Deputy Attorney General Todd Blanche said the president—not judges—chooses U.S. attorneys, framing the dispute as an Article II authority issue.
The clash stems from earlier turmoil after Erik Siebert’s departure and a court ruling that Lindsey Halligan’s interim appointment exceeded the 120-day legal limit.
At least five states have seen judges rule that Trump administration temporary U.S. attorneys were serving unlawfully under the same statute.

Judges Appoint Hundley, DOJ Fires Him Within Hours

Federal judges in the Eastern District of Virginia unanimously named James W. Hundley as interim U.S. attorney on Friday, February 20, 2026. The appointment did not last long. Within hours, Deputy Attorney General Todd Blanche announced on X that Hundley had been removed, arguing that “EDVA judges do not pick our US Attorney” and that the president does. The episode marks the second similar confrontation this month.

The immediate termination matters because U.S. attorneys oversee major federal prosecutions, including public corruption, national security, and violent crime cases. When leadership changes repeatedly, line prosecutors and investigators can be left guessing about priorities, approvals, and continuity. The research indicates the Eastern District of Virginia has cycled through multiple would-be leaders in a matter of months, leaving the office in what amounts to an ongoing leadership vacuum.

The 120-Day Clock and Why the Courts Say It Matters

The legal pressure point is a federal statute limiting interim U.S. attorney appointments to 120 days, after which district court judges can appoint an interim replacement if the position remains vacant. In November 2025, U.S. District Judge Cameron Currie ruled that Lindsey Halligan—installed after Siebert’s departure—had been unlawfully appointed because the 120-day limit had been exceeded, and the “clock” was tied to an earlier appointment date.

Judge Currie warned that letting the executive branch stack successive short-term appointments could effectively bypass Senate confirmation. That warning goes to a core constitutional concern for conservatives who value checks and balances: the appointments process is supposed to prevent any single branch from consolidating control. The administration, however, argues the president and attorney general retain broad authority to choose prosecutors—an interpretation multiple judges have rejected in similar cases.

How This Fight Grew Out of the Siebert-Halligan Controversy

The dispute did not begin with Hundley. In September 2025, Erik Siebert left the U.S. attorney post amid reporting that he raised concerns about the strength of evidence in investigations touching former FBI Director James Comey and New York Attorney General Letitia James. The sources describe disagreement over whether Siebert resigned or was fired, with Trump claiming he dismissed him while other accounts describe a resignation letter to staff.

After Siebert’s exit, Lindsey Halligan—a White House aide described in the research as lacking prosecutorial experience—was appointed interim U.S. attorney. Halligan’s tenure produced indictments against Comey and James, but those indictments were later tossed after a judge found Halligan’s appointment unlawful. The research also describes a later confrontation with U.S. District Judge David Novak over Halligan’s continued use of the U.S. attorney title, followed by Attorney General Pam Bondi announcing Halligan had left DOJ.

A Wider Pattern Beyond Virginia, With Real Operational Risks

The Eastern District of Virginia is not the only venue where this dispute is playing out. The research states that Virginia is one of at least five states where federal judges have ruled Trump administration temporary U.S. attorneys were serving unlawfully, citing similar rulings in New York, New Jersey, California, and Nevada. Last week, judges in the Northern District of New York reportedly appointed a leader after a vacancy, and DOJ quickly moved to terminate that pick as well.

Trump admin. fires top prosecutor in Eastern Virginia hours after he was hired by judges – CBS News #TrumpShitShowClowns #StandAgainstTrumpCorruption https://t.co/WDk8xTJGZf

— tucson lisa 🇺🇸🇺🇸🇺🇸🇺🇸 (@lisa_tucson) February 21, 2026

The immediate question is what happens next for prosecutions and investigations already underway. The research flags “prosecutorial paralysis” as a short-term risk when leadership is unstable, and it identifies long-term stakes tied to whether the executive branch can rely on back-to-back interim designations instead of sending a Senate-confirmed nominee. The Justice Department has appealed Judge Currie’s decision, but the specific appellate arguments are not detailed in the provided material.