Trump faces major test over appointing US attorneys without Senate approval

Published September 13, 2026 6:00am ET



President Donald Trump’s power to install preferred federal prosecutors without Senate confirmation will face a major test Tuesday in a federal appeals court, while his administration is separately asking the Supreme Court to take up a related dispute that could carry nationwide consequences.

The 4th U.S. Circuit Court of Appeals will hear the Trump administration’s effort to revive the prosecutions of former FBI Director James Comey and New York Attorney General Letitia James, whose indictments were dismissed after a judge found that former interim U.S. Attorney Lindsey Halligan was unlawfully appointed.

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