Does Trump Have the Power to Install Jeanine Pirro as Interim U.S. Attorney?

President Trump’s announcement that he was making the Fox News host Jeanine Pirro the interim U.S. attorney in Washington has raised questions about whether he had legitimate legal authority to do so.

Under a federal law, the attorney general can appoint an interim U.S. attorney for up to 120 days. But soon after taking office in January, the Trump administration installed a Republican lawyer and political activist, Ed Martin, in that role.

The question is whether presidents are limited to one 120-day window for interim U.S. attorneys, or whether they can continue unilaterally installing such appointees in succession — indefinitely bypassing Senate confirmation as a check on their appointment power. Here is a closer look.

What is a U.S. attorney?

A U.S. attorney, the chief law enforcement officer in each of the 94 federal judicial districts, wields significant power. That includes the ability to start a criminal prosecution by filing a complaint or by requesting a grand jury indictment. Presidents typically nominate someone to the role who must secure Senate confirmation before taking office.

What is an interim U.S. attorney?

When the position needs a temporary occupant, a federal statute says the attorney general may appoint an interim U.S. attorney who does not need to undergo Senate confirmation. The statute limits terms to a maximum of 120 days — or fewer, if the Senate confirms a regular U.S. attorney to fill the opening.

Is the president limited to one 120-day window?

This is unclear. The ambiguity underscores the aggressiveness of Mr. Trump’s move in selecting Ms. Pirro. Senator Richard J. Durbin of Illinois, the top Democrat on the Senate Judiciary Committee, said that Democrats on the panel “will be looking into this.”