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Panel approves bill to shift interim U.S. attorney appointments to executive branch after contentious debate
Summary
Committee approved HR 8065 to restore and extend Attorney General authority to appoint interim U.S. attorneys for 120-day terms and to limit courts' appointment power; the measure passed narrowly amid arguments that it protects separation of powers while critics warned it would enable political appointments and weaken Senate advice-and-consent checks.
The House Judiciary Committee approved HR 8065, Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026, after extended debate and recorded roll-call votes on proposed amendments.
Sponsor Rep. Schmidt said the bill "restores the authority of the United States Attorney General to appoint temporary US attorneys for time-limited assignments by clarifying that each temporary appointee may serve for 120 days," framing the change as a fix to senatorial obstruction and judicial overreach.
Ranking Member Raskin strongly opposed the bill, calling it a "dangerous circumvention" of the constitutional advice-and-consent process that would allow the executive to repeatedly install political loyalists in prosecutorial posts. He and other Democrats cited multiple district-court rulings that found prior interim appointments unlawful and warned that making the appointments permanent by statute would erode judicial checks.
Members debated an amendment that would have required interim appointees to have prosecutorial experience and state bar membership; that amendment failed in committee. After procedural votes and a close roll call, the committee adopted the amendment in the nature of a substitute and ordered the bill reported; the clerk recorded a narrow final tally on one recorded vote (chair announced 12 eyes and 11 nos for a recorded item). Proponents argued the bill preserves the Senate's confirmation role for permanent nominees while ensuring offices are not left unstaffed; opponents said it would institutionalize a means to bypass the Senate.
