Judges in Washington state are about to poke the bear.
Bloomberg Law reported on Wednesday that, like in many other places in the country, President Donald Trump has failed to get a U.S. attorney nominee approved through Congress. In New Jersey, that failure led judges to end Alina Habba's temporary tenure as U.S. attorney for the state after she failed to be confirmed by the Senate.
The same thing is now happening in Seattle, where the Trump administration has failed to ensure a U.S. attorney was confirmed. So, the Western District of Washington’s chief judge is looking for an applicant
"Several former high-ranking Western Washington prosecutors said there are growing calls for the Seattle judges’ pick to contest their termination by filing a novel lawsuit seeking to restore the appointment," the report said.
Many veteran prosecutors want to see that happen as part of an effort to "reassert the judiciary’s status as a coequal branch," said Bloomberg. Some have alleged that Trump has taken too much power from the three coequal branches of government under the U.S. Constitution.
Under the rule, a U.S. attorney nominee has 120 days to serve. If they are not confirmed by then they are removed and the courts choose their own option.
"The administration installed an interim US attorney for Seattle, former immigration judge Charles Neil Floyd, last October. But he’s since been downgraded to 'first assistant' while still heading the office, after surpassing his 120-day term," the report explained. "The judges opted against appointing him after 120 days."
Washington’s senior Sen. Patty Murray (D) threatened to block him if nominated.