House Judiciary OKs Reform to Stop Judges From Picking Prosecutors

This is some good news, early on, but good news. On Thursday, the House of Representatives Judiciary Committee passed H.R. 8065, a measure designed to prevent the appointment of interim U.S. Attorneys by the district courts to fill vacancies, retaining that authority instead with the Attorney General. The House Judiciary GOP took to X to announce the measure:

🚨JUST PASSED THE COMMITTEE: H.R. 8065, the Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026

Activist courts have been put on notice.

— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) March 26, 2026

Here's what the bill says: its text is brief, but its impact is not.

SECTION 1. Short title.

This Act may be cited as the “Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026”.

SEC. 2. Restoring constitutional limitations on the United States courts.

Section 546 of title 28, United States Code, is amended—

(1) in subsection (c)(2), by inserting after “after appointment” the following: “of that person”; and

(2) by striking subsection (d).

Note that this applies to appointments to fill vacancies. 

So, in the amended U.S. Code, Title 28, Section 546, as modified by this bill, would read:

A person appointed as United States attorney under this section may serve until the earlier of—

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or 

(2) the expiration of 120 days after appointment of that person by the Attorney General under this section.

Subsection (d), which is removed, states:

If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

This revises the appointment of interim U.S. Attorneys by removing the ability of district courts to override the executive branch and appoint interim U.S. Attorneys directly.  This has been an incident in several high-profile cases recently involving the Trump administration 

Read More: Lawfare Strikes Again: Judges Derail Trump’s Pick, Force Habba Out of Top Prosecutor Role in NJ

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As always, there's a catch. There's no guarantee this will come up for a vote in the full House of Representatives, and even if it does pass the House, it would still have to pass the Senate, and unless something dramatic changes in the meantime, it's unlikely to meet the 60-vote threshold to pass the upper chamber. Senate Democrats would almost certainly vote en bloc against this reform, especially since the federal judiciary are largely creatures of the left, and the left relies on tame judges and U.S. Attorneys to push their agenda in the courts.

Even so, it's a good thing to see House Republicans making the effort to deal with problems like this one. It's unclear how this little caveat got into the U.S. Code in the first place, as the appointment of U.S. Attorneys should reside solely with the executive branch. 

Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.

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