Judges Turn Down Extension of Virginia US Attorney’s Term (2)

The US District Court for the Western District of Virginia announced Friday that it will not extend the acting US attorney’s term, making it the latest court to withhold approval of a prosecutor installed by the Trump administration.

Federal judges declined to appoint Robert Tracci to continue leading the US attorney’s office after his acting term expires March 18, the court said in an online notice. The judges said they unanimously agreed not to exercise their authority to appoint a federal prosecutor and will instead wait for President Donald Trump to officially nominate a pick for Senate confirmation.

The Justice Department has swiftly fired several court-selected prosecutors in recent months while seeking to install preferred picks. DOJ leadership maintains that the president has the sole authority to appoint US attorneys, while federal judges have cited statute allowing them to appoint a federal prosecutor after an interim or acting appointee’s term expires.

Tracci, who previously held a senior role at the Virginia attorney general’s office, assumed the role of acting US attorney for the Western District of Virginia after interim US attorney Todd Gilbert abruptly resigned in August. Trump had nominated Gilbert with the backing of then-Virginia Gov. Glenn Youngkin (R).

Both Tracci and Gilbert had been finalists for the US attorney nomination, having received recommendations from Virginia’s Democratic US senators, Mark Warner and Tim Kaine. Gilbert eventually edged out Tracci for the job, though Tracci joined the office and served as first assistant until Gilbert’s resignation.

The Western District of Virginia, based in Roanoke, also has offices in Charlottesville and Abingdon. The office has secured major wins in corporate prosecutions in recent years, including settlements with Purdue Pharma and McKinsey & Co.

The Virginia court’s decision comes days after judges in the US District Court for the Eastern District of Wisconsin declined to extend the tenure of the Trump administration’s interim US attorney in Milwaukee.

Brian McGinn, a spokesman for the US attorney’s office in the Western District of Virginia, said the office had no comment.

In an email Friday, a DOJ spokesperson reiterated the department’s statement from earlier this week: “Judges do not pick US attorneys—President Trump does.”

“This Department of Justice will continue to defend our qualified and capable prosecutors who are working to make America safe again,” the spokesperson said.