Fourth Circuit Questions DOJ Interpretation of Attorney General Appointment Authority in Two Dismissed Cases
The Fourth Circuit heard oral arguments on September 15, 2026, in the Justice Department's bid to reinstate indictments against James Comey and Letitia James, both dismissed by a district judge who found that interim U.S. Attorney Lindsey Halligan's appointment exceeded the Attorney General's 120-day authority under 28 U.S.C. § 546. Judges pressed DOJ counsel on whether its reading of the statute would allow the executive to make successive interim appointments indefinitely, while also questioning the government's fallback arguments based on ratification and harmless error. No ruling or ruling date has been issued, and the outcome will determine both the fate of the two cases and the legal boundaries of the Attorney General's interim appointment power.