Alina Habba, who was formerly the president's personal attorney, was one of several acting US attorneys around the country to have their appointments challenged on the basis that they stayed in the temporary jobs longer than the law allows. Earlier this month, a federal appeals court disqualified her from serving in the role. See Law 360 article.
In Virginia, a federal court dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds the interim US attorney who filed the charges, Lindsey Halligan, was unlawfully appointed.
In September and October, federal judges disqualified the acting US attorneys in Nevada and Southern California, saying they had stayed in the temporary jobs longer than allowed by law.
Under the Vacancies Act, an unconfirmed U.S. attorney nominee can serve for up to 120 days and, if not approved by the Senate during that time, the federal district court can extend the appointment or pick someone else to serve in the role. But the Trump administration could try to fire the court-appointed U.S. attorney and immediately install its own.
The Senate Judiciary Committee, which oversees DOJ executive and judicial appointment nominations, has an informal custom of refusing to act on nominees if they are opposed by senators representing the state involved.
Asked about Ms Habba's resignation, Mr Trump lashed out at a deadlock on getting several of his judicial picks appointed. "I guess I just have to keep appointing people for three months and then just appoint another one, another one. It's a very sad situation. We're losing a lot of great people."
Mr Trump's critics say he has been exploiting legally questionable loopholes to put unqualified loyalists in jobs that require US Senate confirmation.
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