Dismissal of U.S. Attorneys Controversy - Status of Interim U.S. Attorneys, Through June 2007

Status of Interim U.S. Attorneys, Through June 2007

Gonzales affirmed in his January 18, 2007 testimony to the Senate Judiciary Committee:

Bills to rescind the controversial USA PATRIOT Act provision were approved by very large majorities in the Senate and the House prior to the end of March, 2007. Ultimately S.214 was signed into law by the President on June 14, 2007, designated Public Law No: 110-34. The new law specified that all interim attorneys then in office shall serve terms ending 120 days from the signing of the bill.

In May 2007 there were 22 U.S. attorney positions out of 93 that were not held by a presidentially nominated occupant: either acting (filled by civil service First Assistant U.S. Attorneys), or interim (nearly all appointed by the Attorney General). Only four nominees have been submitted by the administration for the 22 positions, though White House spokesperson Tony Fratto was reported saying that the administration is committed to nominating candidates for all 22 positions. Fratto said the number of new nominees "has nothing to do with recent events. The closer you get toward the end of the second term, you're going to have fewer people." David Iglesias, the dismissed New Mexico U.S. attorney, said that the administration is in denial if it doesn't believe there are concerns about low office morale, the ability to remain independent or even the odds of being confirmed by a suspicious Senate controlled by the Democrats.

Timothy Griffin, the interim attorney for Eastern Arkansas, announced in February 2007 that he would not seek a presidential nomination. In early February, Deputy Attorney General McNulty had testified that a vacancy was specifically created for Griffin by dismissing Bud Cummins. Griffin said that he did not believe he would get a "fair consideration" from the Senate.

Interim U.S. Attorneys appointed under the provisions of the USA PATRIOT Act Re-authorization were not term limited. Timothy Griffin's continuing term was challenged in court, but Judge G. Thomas Eisele rejected the challenge, finding that Griffin held the position under the USA PATRIOT Act provision that allowed unlimited-term appointments. Under the previous law, Griffin's term would have been limited to 120 days, which would have expired in mid-April 2007. Legislation restoring the term limits to interim U.S. Attorneys (S214) also limits the terms of those interim U.S. Attorneys appointed under the Patriot Act Reauthorization to 120 days from the time of enactment of the legislation, which was June 14, 2007.