'A transparent trick': Yet another US attorney appointed by Trump admin faces disqualification challenge as defendant claims prosecutor 'unlawfully' signed indictment

Inset: Robert N. Tracci appears successful a illustration representation (U.S. Department of Justice). Background: President Donald Trump speaks with reporters successful the Oval Office astatine the White House, Tuesday, Feb. 11, 2025, successful Washington, D.C. (Photo/Alex Brandon).

In precocious November of 2025, a national justice disqualified authoritative Lindsey Halligan from a enactment relation with the alleged Rocket Docket, ruling that she was a "private citizen" who was ne'er validly appointed to service arsenic interim U.S. lawyer for the EDVA.

Now, successful a threatened repetition of disqualification occupation the Trump medication has faced connected numerous occasions before — and one clip since — Halligan's departure, yet different impermanent authoritative installed by the enforcement subdivision is facing the aforesaid fate.

In a 13-page consolidated motion, a transgression suspect accused of being a felon successful possession of a firearm is trying his luck astatine disqualifying onetime "Acting U.S. Attorney" Robert N. Tracci, who was appointed to service successful that relation for the Western District of Virginia in August 2025 by then-Attorney General Pam Bondi.

This March, successful a acquainted shuffle of titles but not responsibilities, Tracci was re-designated arsenic "First Assistant U.S. Attorney."

Such nomenclature hopscotch by the U.S. Department of Justice has been modular the past 2 years arsenic President Donald Trump has often failed to get appointments done the GOP-controlled Senate.

In what has go a recurring controversy, the White House has fixed up connected Senate confirmation for specified positions, opting for a bid of lesser appointments provided by assorted statutes.

But critics of the 2nd Trump medication person astir arsenic often taken contented with these putatively impermanent appointments.

In the contiguous case, the defendant, Michael Antonio David Jr., derides the Tracci assignment arsenic "a transparent instrumentality to extremity tally the Appointments Clause and the Federal Vacancies Reform Act."

To perceive David archer it, "the Attorney General successful 2025 and 2026 undertook a bid of cynical measures designed to debar subjecting Mr. Tracci and others to senatorial scrutiny and confirmation."

The question to disqualify goes connected to impeach the DOJ of lone "purportedly keeping" successful enactment with 1 of the operative statutes relied connected by the Trump medication to determination appointees around.

"Some 210 days aft Mr. Tracci supposedly became 'Acting United States Attorney,' the Attorney General connected oregon astir March 19, 2026, recognized him for the 2nd clip arsenic First Assistant," the question reads. "Mr. Tracci continues to clasp the First Assistant title. He operates arsenic de facto United States Attorney for the Western District of Virginia, contempt ne'er having been nominated by the President nor confirmed by the Senate."

The question describes the Tracci assignment arsenic portion and parcel of "Executive subdivision machinations" and a "circumvention" of the "presidential assignment and Senate confirmation process."

The filing cites respective caller palmy disqualification efforts successful assorted circuits, including Alina Habba successful the 3rd Circuit, John Sarcone successful the 2nd Circuit and Sigal Chattah successful the 9th Circuit.

"The lawsuit astatine barroom is overmuch similar the decisions from the Second, Third and Ninth Circuits," the question continues. "Mr. Tracci has ne'er been nominated by the President nor confirmed by the Senate. No bureaucratic titles oregon sleights of manus tin flooded Mr. Tracci's nonaccomplishment to acquisition the [appointment and confirmation] Process."

David's efforts are pointed — and aimed straight astatine his ain transgression indictment, the question to disqualify makes clear; it is consolidated with a question to disregard the indictment against him.

"The Indictment appears to person been signed by 2 persons: (1) the Foreperson of the expansive jury; and (2) Mr. Tracci, arsenic 'Acting United States Attorney,'" the question goes on. "Particularly since Mr. Tracci unlawfully signed the Indictment arsenic 'Acting United States Attorney,' the due remedy present is dismissal oregon nullification of that charging instrument."

The filing elaborates:

Mr. Tracci has participated straight and indirectly successful the Department of Justice's prosecution of David since its inception. The look of the Indictment manifests his nonstop involvement. The Indictment bears his ultra vires signature arsenic "Acting United States Attorney."

Here, immoderate precedent is connected David's side.

In jurisdictions successful which those "first assistant" U.S. attorneys person taken the reins of the national instrumentality enforcement apparatus, fierce tribunal challenges person not conscionable resulted successful disqualifications. In immoderate cases wherever prosecutors person been tossed by courts, full cases person besides been thrown out, leaving defense attorneys to question each the cases successful which disqualified appointees are listed connected tribunal documents — to varying degrees of success.

"Defendants person challenged the Attorney General's circumvention of the [appointment and confirmation] Process successful motions to disregard their indictments and disqualify the First Assistant from exercising authorization reserved for officers who person withstood the [appointment and confirmation] Process," the question explains.

The suspect hopes to articulation those ranks by becoming the archetypal mover connected a palmy disqualification effort of his own, asking the tribunal to disregard his indictment either with oregon without prejudice.

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