Parties in litigation can move to quash subpoenas by arguing that the official who authorized the subpoenas lacked lawful appointment or authority.
October 31, 2025
high
legal
Procedural defense used to challenge the validity of subpoenas and investigative actions.
Under federal law, the person serving as the 'first assistant' to a U.S. attorney can serve as the acting U.S. attorney.
October 20, 2025
high
temporal
Statutory succession for U.S. attorney offices when the U.S. attorney position is vacant.
Federal vacancy laws permit the president and the attorney general to install an acting U.S. attorney without Senate confirmation through statutory appointment mechanisms.
October 17, 2025
high
procedural
Statutory pathways exist to fill U.S. attorney vacancies temporarily when a Senate-confirmed nominee is not in place.
An acting U.S. attorney appointment under federal vacancy law is subject to a 210-day statutory term.
October 17, 2025
high
temporal
Statutory time limit on temporary appointments to U.S. attorney positions.