James Hundley, the lawyer recently chosen by judges to be the interim U.S. attorney for the Eastern District of Virginia—specifically to handle cases against President Donald Trump—was abruptly dismissed by the Justice Department on Friday. This incident marks another point of contention concerning the appointments of top federal prosecutors.
The Deputy Attorney General, Todd Blanche, took to social media to announce Hundley’s firing soon after he was unanimously appointed by the judges, stepping in for former Trump attorney Lindsey Harrigan.
According to the law, district courts have the right to select U.S. attorneys after an initial appointment window closes. However, the Trump administration contends that the authority lies only with the executive branch.
“EDVA judges don’t choose U.S. attorneys. The president does. James Hundley, you’re fired!” Blanche posted on X.
Hundley, who has over 30 years in criminal and civil law, did not respond to an email request for comment on Friday evening.
This dismissal underscores the ongoing instability within the Justice Department’s most prestigious prosecutor’s office, especially since the departure in September of a veteran prosecutor. That prosecutor faced pressure from the Trump administration to pursue cases against key political opponents, including former FBI Director James Comey and New York Attorney General Letitia James.
The prosecutor, Eric Siebert, was effectively pushed out and swiftly replaced by Harrigan, who had been involved in securing the indictments of both Comey and James but was later found by a judge to have been unlawfully appointed.
Though the case was dismissed, the Department of Justice filed an appeal against that ruling.
Harrigan resigned last month after district judges expressed doubts about whether her appointment was legitimate.
U.S. attorneys, who serve as the top federal prosecutors in local Justice Department offices across the country, generally require Senate confirmation. Yet, the law permits the attorney general to make temporary appointments for limited durations.
Nonetheless, the Justice Department has sometimes attempted to maintain temporary appointments in a manner that leads to legal challenges and pushback from judges who argue those appointments are unlawful.
Just last week, a lawyer appointed by judges to serve as federal prosecutor in upstate New York was fired by the Justice Department less than a day into the role.
The district judges had appointed Kinsella after the Trump administration’s nominee, John Sarcone, opted not to continue following his 120-day term.
