December 13, 2025


Trump Signals Retreat in Battle to Appoint Loyal U.S. Attorneys Amid Legal Setbacks

For months, President Donald Trump has been in the thick of a controversial push to place loyalists as top federal prosecutors across the United States. This initiative has faced significant legal challenges, leading to several disqualifications by federal courts. In recent days, however, the Trump administration appears to be wavering on its hardline stance, signaling a possible shift in strategy.

The administration’s latest move follows the resignation of New Jersey U.S. Attorney Alina Habba and Delaware U.S. Attorney Julianne Murray, both of whom stepped down citing judicial rulings that upheld their disqualifications. These departures mark a significant blow to Trump's strategy of bypassing the Senate to install U.S. attorneys, a tactic that has been a cornerstone of his plan to use the Justice Department against political adversaries.

In response to these setbacks, Trump has directed his ire at the "blue slip" process, a Senate procedural tool allowing home-state senators to block judicial and U.S. attorney nominees. On social media, Trump called the process a "scam," unjust to Republicans and unconstitutional, urging Senate Majority Leader John Thune to abolish it. However, Thune, along with Senate Judiciary Chair Chuck Grassley, quickly dismissed the idea, pointing out the administration's failures in advancing nominations due to incomplete paperwork and background checks.

Despite the administration's aggressive posture, legal experts suggest that continuing to fight the disqualifications in court could be a losing battle. Carl Tobias, a law professor at the University of Richmond, noted that the administration might avoid escalating the issue to the Supreme Court, fearing a definitive negative ruling that could end their current tactics altogether.

Meanwhile, the administration has begun to conform more to traditional processes. Following several court rulings disqualifying Trump-appointed prosecutors, the White House has started seeking Senate confirmation for some of its nominees, including Lindsey Halligan. However, without blue slips from Virginia’s senators, Halligan's nomination is unlikely to advance, highlighting the ongoing challenges Trump faces in securing his preferred candidates.

As Trump grapples with these legal and procedural hurdles, he paradoxically matches the Biden administration's record for the number of U.S. attorneys confirmed during its first year, with 31 anticipated confirmations. This development, while a departure from his previous approach, suggests a begrudging return to conventional nomination processes, potentially stabilizing the Justice Department’s operations but marking a significant retreat from Trump's earlier, more confrontational tactics.