Justice Department fires interim U.S. attorney hours after appointment

Almost immediately after James Hundley was appointed interim U.S. attorney of the Eastern District of Virginia to replace the predecessor who was found to have held the role unlawfully, the Department of Justice fired him. 

The veteran litigator’s designation was sure to set up a showdown with the Trump administration after a panel of judges unanimously named him to the position. 

Hours after Mr. Hundley’s appointment was announced Friday, Deputy Attorney General Todd Blanche revoked the appointment.

“Here we go again,” he said. “EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you’re fired!”

The judges cited a federal law allowing district court judges to fill a vacant role after a prior interim U.S. attorney term expires. Judges may appoint a U.S. attorney if a presidential nominee has not been confirmed within 120 days of their appointment.

A federal judge found the Trump administration had already used one 120-day interim appointment at the start of 2025 with U.S. Attorney Erik Siebert, meaning the court — not DOJ — held the appointment power after that.

Mr. Hundley was tapped to replace Lindsey Halligan, a former defense lawyer for President Trump, who left the job in January after a federal judge ruled in November that she had been unlawfully appointed to her post.

Mr. Siebert resigned in September following his refusal to bring charges against the president’s political adversaries.

Ms. Halligan, who had no prosecutorial experience, secured grand jury indictments that ultimately resulted in unsuccessful cases against New York Attorney General Letitia James and former FBI Director James Comey.

This is not the first time the Justice Department has sacked a prosecutor appointed by federal judges.

Last week, veteran attorney Donald Kinsella was fired by the Justice Department — the same day a panel of judges appointed him to serve as U.S. attorney for the Northern District of New York.

He said that he was fired after receiving an email from the White House stating that the “president directed that I be removed.”

The Justice Department has been accused of sidestepping the Senate’s confirmation process for U.S. attorneys. But the department argues that it has the legal right to appoint interim U.S. attorneys, unless the Senate refuses to confirm its appointee.