An open letter to the U.S. Congress

Justice Department

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The Justice Department’s decision to fire a judge-appointed U.S. Attorney and reinstate Trump’s preferred pick, without Senate confirmation, isn’t just unusual. It’s a direct attack on the separation of powers that defines American democracy. Just hours after a panel of federal judges in New Jersey rejected Trump’s nominee, Alina Habba, to continue as U.S. attorney and instead appointed Desiree Leigh Grace to the role, senior officials at the Justice Department abruptly removed Grace and reinstalled Habba, citing “the president’s constitutional authority. As you well know, our government was designed with three separate branches, each with its own role to prevent abuse. In this case, federal law clearly states that when a temporary U.S. Attorney’s term expires and the Senate hasn’t confirmed a replacement, federal judges have the authority to appoint someone to fill the role. That’s exactly what happened: the judges followed the law and appointed Desiree Leigh Grace. But instead of respecting that legal process, the Trump administration fired Grace and reinstalled Alina Habba, even though the Senate never confirmed her. This isn’t just a bureaucratic reshuffle. It’s the president asserting that he --and he alone --gets to decide who prosecutes federal crimes, regardless of what the law or the courts say. That’s not Article II authority. That’s executive overreach. If this stands, it opens the door for any president to ignore judicial checks and install political loyalists across the justice system without oversight. It means the courts can be overridden when they get in the way. That’s not how our system is supposed to work, and it sets a dangerous precedent for authoritarian control over the rule of law. It’s one more example of the president’s fascist regime. As part of those checks and balance, speak out! Insist that your colleagues – especially those across the aisle – follow the law and established procedures. We cannot continue to let the president do whatever he wants, when he wants, no matter what the law says. This has to stop.

▶ Created on July 23 by Diane

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