Trump admin. fires top prosecutor in Eastern Virginia hours after he was hired by judges
#Trump administration#U.S. Attorney appointment#Eastern District of Virginia#Executive-judicial conflict#Constitutional authority#Interim prosecutor#DOJ judiciary dispute#Federal judges
📌 Key Takeaways
Trump administration fired judge-appointed prosecutor Hundley hours after his selection
This marks the second firing of a judge-appointed prosecutor in Eastern Virginia this month
The conflict centers on constitutional authority to appoint U.S. attorneys between executive branch and judiciary
Similar disputes are occurring in at least five states across the country
The administration claims presidential appointment authority while judges cite federal law granting them appointment power
📖 Full Retelling
Trump administration officials fired newly appointed interim U.S. Attorney James W. Hundley in the Eastern District of Virginia on February 20, 2026, just hours after federal judges selected him to lead the prosecutor's office, escalating the ongoing constitutional conflict between the executive branch and judiciary over appointment authority. The firing represents the second time this month that the administration has quickly dismissed a prosecutor selected by judges in the district, as the Justice Department contends with multiple court rulings declaring its temporary U.S. attorneys were serving unlawfully. Judges in the Eastern District had cited federal law allowing district court judges to appoint somebody to the U.S. attorney role when it becomes vacant due to an interim prosecutor's expired term, prompting Hundley's appointment. Shortly after the announcement, Deputy Attorney General Todd Blanche publicly terminated Hundley via social media, declaring 'EDVA judges do not pick our US Attorney. POTUS does.' This latest episode continues a months-long power struggle that began when interim U.S. Attorney Erik Siebert resigned in September after raising concerns about evidence in investigations targeting former FBI Director James Comey and New York Attorney General Letitia James. The conflict has intensified with the Justice Department accusing judges of overreach while judges have accused the administration of circumventing the Senate confirmation process through successive 120-day interim appointments, creating constitutional questions that may ultimately require Supreme Court resolution.
🏷️ Themes
Executive-Judicial Conflict, Legal Authority Dispute, Political Appointments
The United States District Court for the Eastern District of Virginia (EDVA; in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. Its jurisdiction includes over 85 percent of the state's population, including the metropolitan areas of Norther...
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Deep Analysis
Why It Matters
The rapid firing of a judge‑appointed interim U.S. attorney in Eastern Virginia highlights a continuing clash between the Trump administration and federal courts over the appointment of prosecutors, raising questions about the balance of power and the integrity of the justice system.
Context & Background
Judges in the Eastern District of Virginia have repeatedly appointed interim U.S. attorneys when the administration failed to confirm nominees.
The administration has fired these appointees shortly after their appointment, citing presidential authority.
Court orders in multiple states have ruled that temporary U.S. attorneys appointed by the administration are serving unlawfully.
What Happens Next
The Justice Department is likely to appeal the judge’s ruling and may seek to appoint another interim prosecutor, while the courts may issue further orders to enforce the 120‑day limit. The dispute could prompt congressional scrutiny of the appointment process.
Frequently Asked Questions
Why does the administration claim it can appoint interim U.S. attorneys?
The Justice Department argues that the president and attorney general have the constitutional authority to select and appoint U.S. attorneys, including interim ones, unless the Senate rejects the nominee.
What legal basis do the judges use to block the administration’s appointments?
Judges cite federal law that limits interim U.S. attorneys to 120 days and requires Senate confirmation for permanent appointments, arguing that successive 120‑day appointments bypass the confirmation process.
Original Source
Politics Trump administration fires new top prosecutor in Eastern Virginia almost immediately after he was hired by judges By Joe Walsh , Joe Walsh Senior Editor, Politics Joe Walsh is a senior editor for digital politics at CBS News. Joe previously covered breaking news for Forbes and local news in Boston. Read Full Bio Joe Walsh , Sarah N. Lynch Sarah N. Lynch Senior Justice Department Reporter Sarah N. Lynch is the senior Justice Department reporter for CBS News, based in Washington, D.C. Read Full Bio Sarah N. Lynch Updated on: February 20, 2026 / 10:34 PM EST / CBS News Add CBS News on Google The conflict between the Trump administration and the judicial branch over who can lead the Justice Department's office in the Eastern District of Virginia reached a new stage Friday, after a panel of judges appointed an interim top prosecutor — and the administration fired him soon after. It's the second time this month that the administration has quickly sacked a prosecutor who was picked by federal judges, as the administration deals with several court orders asserting that its temporary U.S. attorneys were serving in their roles unlawfully. Judges in the Eastern District of Virginia announced Friday that they had unanimously decided to hire veteran litigator James W. Hundley to serve as interim U.S. attorney. They cited a federal law that allows district court judges to appoint somebody to the role if it becomes vacant because a prior interim U.S. attorney's term had expired. Shortly after the appointment was announced on Friday evening, Deputy Attorney General Todd Blanche said on X that Hundley was fired. "Here we go again," Blanche wrote. "EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you're fired!" CBS News has reached out to Hundley for comment. The leadership of the U.S. Attorney's Office for the Eastern District of Virginia has been in doubt for months, since interim U.S. Attorney Erik Siebert resigned in September after he raised concerns ...
