WaPo Board: Pirro’s Appointment May Not Be Legal

From the Washington Post editorial board:

On her Fox News show, she championed Trump’s efforts to overturn his 2020 defeat. In documents obtained by Dominion Voting Systems as part of discovery in its defamation lawsuit against Fox News (which led to a $787.5 million settlement), Pirro’s executive producer at the time referred to her as a “reckless maniac” during an internal argument over her pro-Trump monologues.

Trump has not said whether he intends to nominate Pirro to hold the U.S. attorney job beyond 120 days. But even her interim appointment might not be legal. The Federal Vacancies Reform Act of 1998, which governs interim appointments in the executive branch, states that if an interim U.S. attorney’s appointment expires, as Martin’s is about to do, then the U.S. District Court, not the president, may appoint a new interim person until the vacancy is filled. If Pirro’s interim appointment is successfully challenged in court under this law, there is reason for concern that any criminal convictions her office wins during her tenure might be thrown out.

In 2020, Trump replaced two previous U.S. attorneys in D.C. because he was angry over the prosecutions of former advisers Roger Stone and Michael Flynn. It’s no surprise he wants a proven loyalist in this role. But to ensure the proper governance of D.C., the law needs to be followed, and a qualified lawyer needs to be put in charge of the office.

Read the full editorial. Pirro still owes over $600,000 from her failed 2006 attempt to unseat then-Sen. Hillary Clinton.