A court may conclude that retrospective ratification by the Attorney General does not necessarily cure defects arising from an unlawful appointment of an interim U.S. Attorney.
September 22, 2025
high
legal
Judicial reasoning limiting the effect of after-the-fact validation of an official's authority.
Interim U.S. Attorney appointments are typically limited to 120 days under federal practice.
July 29, 2025
high
legal
Duration limit that normally governs interim U.S. Attorney appointments.
Parties in federal criminal cases can challenge the validity or authority of an interim U.S. Attorney as part of pretrial litigation.
high
legal_procedure
Challenges to the appointment or authority of prosecutors can be raised in court as part of defense strategy.
A legal defense can assert that an indictment signed or secured by an official who was invalidly appointed as an interim U.S. Attorney may be void and subject to dismissal, including dismissal with prejudice, based on alleged constitutional or statutory appointment defects.
medium
legal_argument
Commonly raised defense argument challenging the validity of indictments on appointment-ground defects.
Interim U.S. Attorneys can be appointed to lead U.S. Attorney's Offices and may present cases to grand juries and sign indictments.
high
procedural
Interim appointments to U.S. Attorney positions confer authority to conduct prosecutions before grand juries.