Episode 43

full
Published on:

29th Aug 2025

Who Can Appoint a U.S. Attorney? Vacancies Act, Appointments Clause, and the New Jersey Ruling

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.

They walk through the 120-day interim limit, the “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials.

The discussion covers why the indictments weren’t tossed, what an appeal to the Third Circuit could look like, how Senate confirmation gridlock fuels these fights, and the broader stakes for separation of powers, prosecutorial accountability, and constitutional governance.

Listen for free

Show artwork for Unwritten Law

About the Podcast

Unwritten Law
NCLA Podcast About Administrative Law
Unwritten Law is a podcast hosted by Mark Chenoweth and John Vecchione, brought to you by the New Civil Liberties Alliance (NCLA). This show dives deep into the world of unlawful administrative power, exposing how bureaucrats operate outside the bounds of written law through informal guidance, regulatory “dark matter,” and unconstitutional agency overreach.

About your host

Profile picture for Ruslan Moldovanov

Ruslan Moldovanov