Trump-Appointed Judge Triggers Face-Off on Delaware US Attorney

A Trump-appointed judge is soliciting applications for Delaware’s US attorney, preempting the Trump administration’s selection of a permanent candidate and prompting rebuke from Deputy Attorney General Todd Blanche.

Rather than defer to the Justice Department’s preference for US attorney as seen in other districts recently, Chief Judge Colm Connolly announced Wednesday that the court is establishing its own selection process. He cited the fact that the White House hasn’t announced a nominee for the post and his ability to appoint “only a person the Court deems qualified.”

Former Delaware GOP party chair Julianne Murray is midway through a 120-day appointment from the attorney general to serve as interim US attorney. Connolly’s move appeared to head off White House maneuvering elsewhere this year to keep preferred chief prosecutors in office—at least temporarily—without approval from the judiciary or Congress.

Blanche attached a copy of Connolly’s order to a post on X Wednesday in which he said: “I would strongly urge the Chief Judge to revisit our Constitution, particularly Articles II and III. The responsibilities laid out there make clear that appointments of United States Attorneys are first and foremost the duty of the President, not the courts.”

The Trump DOJ has extended the terms of interim US attorneys in districts such as New Jersey, Nevada, and New Mexico by converting their title to “acting.” The maneuver has drawn multiple legal challenges from defense attorneys seeking to disqualify the top prosecutors.

Courts have authority to approve the interim prosecutor permanently or select their own US attorney when the White House hasn’t nominated a US attorney in the Senate and the interim pick’s term expires. But judges usually agree to retain the administration’s interim selection in these circumstances.

Except in a handful of instances this year, district courts have declined to appoint interim US attorneys who faced criticism from judges and outside attorneys for their loyalty to the White House or implementation of Trump priorities.

In these circumstances, DOJ has changed their titles to acting US attorney under the Vacancies Reform Act, rather than nominating them for four-year appointments or allowing courts to select alternate candidates.

Connolly, who Trump nominated to the bench in 2017, has adopted what appears to be a novel approach that may escalate tensions with the executive branch.

While he didn’t eliminate Murray as a contender for the permanent selection, Connolly wrote that “if a person wishes to be considered by the Court for possible appointment” as US attorney, effective Nov. 11, “that person shall complete and submit to the Clerk of the Court” an application by Oct. 7.

He also posted a detailed questionnaire for interested applicants.

Murray, who’s previously run unsuccessfully as the Republican candidate for governor and attorney general in Delaware, has practiced law in the state since 2012 after graduating from Widener University Delaware Law School in 2011.