Former Justice Department official John Yoo says President Donald Trump has broad removal power over executive branch officers, including court-appointed U.S. attorneys, due to a “quirk” in the law.
The Constitution doesn’t specify how U.S. attorneys are removed from office, but existing law and Supreme Court precedent have given the president authority to fire inferior officials. Trump exercised this power by terminating Donald Kinsella just hours after federal judges voted to install him as a replacement for an expired temporary term.
Deputy Attorney General Todd Blanche has declared that judges “don’t pick” U.S. attorneys, thrusting the dispute into a constitutional debate over who controls them. But Yoo argues that the judges’ actions were legal due to a loophole in the law and that Trump still has authority to fire Kinsella.
The move comes as the DOJ appeals Judge Lorna Schofield’s decision last month to disqualify another Trump appointee, John Sarcone. The dispute centers on federal law allowing courts to appoint temporary U.S. attorneys when a presidential nominee hasn’t been confirmed by the Senate and an acting official’s term has expired.
Source: https://www.foxnews.com/politics/trump-ousts-judge-installed-prosecutor-constitutional-expert-says-article-ii-leaves-no-doubt