Who runs the US Department of Justice anyway? According to some South Dakota Federal Judges, they do, not the Attorney General of the United States. Read this story to get the rather bizarre set of facts. The upshot is this. The US Attorney's position has been vacant in South Dakota for some time. According to federal law, the government can appoint an interim US Attorney for 120 days. Federal Judge Larry Piersol doesn't like the people the Bush administration wants in the job, so he is appointing his own US Attorney. You may remember Larry Piersol as the Daschle buddy who in a last minute Daschle election ploy tried to put the kibosh on Republican poll watchers. See Joey Botttum's rather humorous take on that situation. It just so happens that all three federal judges involved in this new case are Daschle/Clinton appointees.
It is settled law that the appointment power of executive branch officials belongs to the president alone. The US Attorneys work for the executive branch, not the judicial branch. Someone enlighten me if there is any precedent for Judge Piersol's actions.
Update: For what it's worth, Karen Schreier, who will hold the hearing austensibly to inquire into the validity of lawyer Mullins's appointment by the Bush Administration, is former chair of the state Democratic Party.
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