Pat Leahy, the former Senate Judiciary chair who foresaw the potential for presidential overreach, issued a stark warning decades ago about the misuse of temporary U.S. attorney appointments. His concerns are now manifesting as President Donald Trump and Attorney General Pam Bondi explore aggressive strategies to install their preferred candidates without Senate confirmation.

Back in 2007, Leahy criticized the practice of "double dipping" — a tactic used by presidents to extend the tenure of unconfirmed U.S. attorneys by shuffling them into new temporary roles. He emphasized that such maneuvers were not only against the spirit of the law but also potentially illegal. "It is not designed or intended to be used repeatedly for the same vacancy," Leahy stated, addressing a loophole that he feared future administrations might exploit.

Fast forward to 2025, and those fears have materialized. In a series of controversial moves, Trump and Bondi have placed several U.S. attorney picks into extended acting roles or successive temporary positions, sidestepping the Senate's role in the confirmation process: - In Washington, D.C., after failing to secure Senate approval for Ed Martin, Trump appointed Jeanine Pirro for another 120-day interim term. - In northern New York and Los Angeles, Bondi has manipulated terms to allow previous picks to remain in "acting" capacities beyond their initial terms. - Most strikingly, in New Jersey, efforts to maintain Alina Habba in a temporary role have led to judicial intervention and complications in ongoing criminal cases.

These actions have occurred with little resistance from a predominantly supportive Republican-led Congress, highlighting a significant shift in the balance of power. This situation tests the boundaries of the 2007 law that Leahy championed, which was intended to limit such presidential overreach.

Speaking from his retirement in Vermont, Leahy expressed his concerns to POLITICO about the current state of affairs. He emphasized the importance of the Senate's role in providing "advice and consent" for federal appointments. "No senator should have to go back home and have people say why the heck did you let this person come in as a U.S. attorney," he remarked, underscoring the bipartisan agreement on the issue during his tenure.

Leahy's warning resonates at a time when the integrity of the Senate's confirmation powers is being challenged. As Trump and Bondi continue to push the limits of executive authority, the former senator's insights serve as a reminder of the need for vigilance and action to preserve the checks and balances that define the U.S. governmental system.