Northwest Arkansas Democrat-Gazette
All 93 U.S. attorney slots still unfilled
Attorney General Jeff Sessions is making aggressive law enforcement a top priority, directing his federal prosecutors across the country to crack down on illegal aliens and “use every tool” they have to go after violent criminals and drug traffickers.
But the attorney general does not have a single U.S. attorney in place to lead his efforts across the country. Last month, Sessions abruptly told the dozens of U.S. attorneys who remained from President Barack Obama’s administration to submit their resignations immediately — and none of them, or the 47 who had already left, has been replaced.
“We really need to work hard at that,” Sessions said when asked Tuesday about the vacancies as he opened a meeting with federal law enforcement officials. The 93 unfilled U.S. attorney positions are among the hundreds of critical jobs in President Donald Trump’s administration that remain open.
Sessions is also without the heads of his top units, including the Civil Rights, Criminal and National Security divisions, as he tries to reshape the Justice Department.
U.S. attorneys, who prosecute federal crimes from state offices around the nation, are critical to implementing an attorney general’s law enforcement agenda. Both the George W. Bush and Obama administrations gradually eased out the previous administration’s U.S. attorneys while officials sought new ones.
Sessions said that until he has his replacements, career acting U.S. attorneys “respond pretty well to presidential leadership.”
But former Justice Department officials say acting U.S. attorneys do not operate with the same authority when interacting with police chiefs and other law enforcement executives.
“It’s like trying to win a baseball game without your first-string players on the field,” said former Assistant Attorney General Ronald Weich, who ran the Justice Department’s legislative affairs office during Obama’s first term.
“There are human beings occupying each of those seats,” Weich, now dean of the University of Baltimore School of Law, said of the interim officials. “But that’s not the same as having appointed and confirmed officials who represent the priorities of the administration. And the administration is clearly way behind in achieving that goal.”
Filling the vacancies also has been complicated by Sessions not having his second-highest-ranking official in place. Rod Rosenstein, nominated for deputy attorney general — the person who runs the Justice Department day to day — is still not on board although he is expected to be confirmed by the Senate this month. Traditionally, the deputy attorney general helps select U.S. attorneys.
Rosenstein, who served as U.S. attorney for Maryland, also has been designated, upon his confirmation, to oversee the FBI’s investigation into Russian meddling in the 2016 election and any links between Russian officials and Trump associates, because Sessions recused himself.
Rachel Brand has been nominated for the department’s third-highest position as associate attorney general. She also has not been confirmed.
By March of Obama’s first year in office, the Senate had confirmed the deputy and associate attorneys general, along with the solicitor general. The Senate also had confirmed an assistant attorney general for the National Security Division.
When Obama’s first attorney general, Eric Holder Jr., began a plan to overhaul the criminal-justice system, it was the U.S. attorneys on the ground who were in charge of carrying out his plan to stop charging low-level nonviolent drug offenders with offenses that imposed severe mandatory sentences. Now, Sessions is taking steps toward reversing that policy without his top prosecutors nominated or confirmed.
Sessions also has created a task force on crime reduction, and one of his first actions was to send a memo last month to his acting U.S. attorneys and assistant U.S. attorneys directing them to investigate and prosecute the most violent offenders in each district. On April 11, he traveled to Nogales, Ariz., where he directed his 5,904 federal prosecutors to make illegal immigration cases a higher priority and work to file felony charges against those who cross the border illegally.
This week, the attorney general flies to Texas and California to meet with law enforcement officials about his priorities. But until he gets his U.S. attorneys on board, Sessions will be hampered in moving forward with new policies, former Justice Department officials say.
“An acting U.S. attorney doesn’t speak with the same authority to a police chief or to a local prosecutor as a Senate-confirmed U.S. attorney does,” said Matthew Miller, a former Justice Department spokesman in the Obama administration.
The U.S. attorney process could be delayed many more months because of what is known as the “blue slip” process in Congress, which dates from the early 1900s. Traditionally, the administration consults with the senators of each state before choosing U.S. attorneys. Sessions said the Justice Department will ask for help from Congress and “a number of [names] are going over now.”
The attorney general said Tuesday that the U.S. attorney process “does take some months and has traditionally.”