The old way of appointing interim U.S. Attorneys was constitutionally sound, many legal experts agree. And the new way of appointing interim U.S. Attorneys is constitutionally sound, they add. The only real question now for the U.S. Senate is what is the best way of appointing those officers — constitutionally and otherwise.
Recent fallout from the firing of seven U.S. Attorneys revealed that senators last year — some knowingly and others unknowingly — waived their advise and consent power by giving the attorney general the sole authority to appoint interim U.S. Attorneys to serve indefinitely when vacancies occurred.
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