Trump Retreats on U.S. Attorneys Gambit as Courts and Senators Push Back

For months, President Donald Trump has pursued an aggressive and unconventional campaign to place political loyalists into top U.S. attorney posts across the country, repeatedly clashing with federal judges and Senate norms. In recent days, however, the White House appears to be shifting tactics — focusing political pressure on ending the Senate's "blue slip" practice rather than continuing every courtroom fight that has forced several appointees from office.

Key resignations and rulings: The change in approach follows the resignation of New Jersey U.S. Attorney Alina Habba after a court upheld her disqualification. Delaware U.S. Attorney Julianne Murray also left her post, citing that ruling. Several other Trump-appointed prosecutors have been declared ineligible by federal judges, though some have continued to work in their offices pending further legal action.

What the administration is doing: Rather than pursuing appeals in every case, the administration has publicly attacked the Senate "blue slip" process — a longstanding Senate Judiciary Committee practice that gives home-state senators informal veto power over judicial and U.S. attorney nominees. Mr. Trump called the practice a "scam" and urged Senate leaders to terminate it, arguing it prevents Republicans from getting nominees approved in states with even a single Democratic senator.

Senate pushback: Senate leaders quickly rebuffed the proposal. Senate Majority Leader John Thune rejected scrapping the blue-slip practice, and Judiciary Committee Chair Chuck Grassley indicated no interest in eliminating it. Grassley also criticized the administration for not submitting completed background packages and paperwork for additional nominees.

Legal and strategic crossroads

Legal scholars say the White House now faces two unattractive options: continue appointing temporary, unconfirmed U.S. attorneys and suffer repeated court defeats, or pursue the traditional route of Senate-confirmed nominees. Some experts believe the administration is wary of taking the dispute to the Supreme Court because a definitive loss there could end the tactic permanently. Others note the high court's past deference to presidential flexibility leaves the outcome uncertain.

Appeals and confirmations: The Justice Department has sought extra time to decide whether to appeal the Habba disqualification in the 3rd Circuit, and it is appealing rulings in other districts such as Los Angeles and Nevada. In some instances — notably the Eastern District of Virginia matter involving Lindsey Halligan — promised appeals have not been filed, even as the department kept the appointee in place. The administration has also begun submitting at least one nominee's questionnaire to the Senate Judiciary Committee, suggesting a partial return to the confirmation process.

Numbers matter: Despite the disputes, President Trump has had 13 U.S. attorneys confirmed by the Senate so far, up from just two in September, and the White House expects 18 more confirmations soon, which would bring the total to 31. Legal observers say an uptick in confirmed prosecutors is a stabilizing sign for the Justice Department, though many high-profile districts remain contested.

"We have about seven U.S. attorneys who are not going to be able to keep their jobs much longer because of the blue slip," Mr. Trump told reporters, acknowledging the practical effect of the rulings.

What to watch: Whether the administration pursues further appeals, how aggressively it presses Senate Republicans to change blue-slip practice, and whether more nominees are processed through the traditional confirmation route will determine whether the episode remains a temporary tactical retreat or sparks a longer-term battle over presidential appointment power.