This is not good.
President Trump is facing another wave of resistance in Washington as his effort to keep trusted allies in top federal prosecutor roles continues to unravel, raising new questions about Senate power, judicial authority, and the limits of executive control.
This week, two prominent U.S. attorneys aligned with the Trump administration stepped down, marking a significant setback in the White House’s broader push to reshape the Justice Department.
Two Key Prosecutors Step Aside
Julianne Murray, the chair of Delaware’s Republican Party who had been acting as the state’s chief federal prosecutor, said Friday that she is stepping down. Her resignation came shortly after Alina Habba left her post as head of the U.S. attorney’s office in New Jersey.
Both officials cited the same obstacle: a long-standing Senate tradition that allows home-state senators to block nominees, commonly known as the “blue slip” process. In Habba’s case, the situation was further complicated by federal judges questioning the legality of her continued leadership.
For the Trump administration, the resignations marked a rare retreat after months of fighting to keep preferred prosecutors in place—even as courts ruled that some were serving without lawful authority.
“There are plenty of battles this administration is willing to fight,” said Loyola Marymount University law professor Jessica Levinson. “This just doesn’t appear to be one they believe they can win.”
Judges Push Back on Acting Appointments
The controversy intensified after a federal appeals court upheld Habba’s disqualification. When her interim term expired earlier this year, New Jersey judges declined to extend it and instead used a rarely exercised power to appoint her deputy as successor.
Attorney General Pam Bondi responded by removing the judges’ pick, withdrawing Habba’s nomination, and reinstalling her as acting U.S. attorney. Courts later rejected that move, ruling the workaround violated federal appointment rules.
Similar strategies were used in several other states—including Nevada, California, New York, New Mexico, and Delaware—where interim prosecutors were converted into acting U.S. attorneys after judges refused extensions without Senate confirmation.
In multiple cases, judges ruled those appointments unlawful. Other challenges are still pending.
The Blue Slip Battle
Murray’s resignation highlighted another key flashpoint: the Senate’s blue slip tradition. The bipartisan practice allows senators to halt U.S. attorney confirmations by withholding procedural approval.
Murray accused Delaware’s two Democratic senators of blocking her nomination for political reasons, arguing that the process prevented her from even receiving a Judiciary Committee hearing.
“This isn’t really about advice and consent anymore,” Murray said. “It’s about a broken system that shuts nominees out entirely.”
President Trump has grown increasingly vocal in his criticism of the practice, blaming it for stalled confirmations and legal uncertainty surrounding his appointees.
“An alarming number of outstanding Republicans are being pushed out,” Trump posted on Truth Social. “Not a single one is making it through.”
Tension Inside the GOP
Trump has urged Senate Majority Leader John Thune (R-S.D.) to abolish or overhaul the blue slip tradition. But senior Republicans, including Senate Judiciary Chairman Chuck Grassley (R-Iowa), have resisted, noting that the same rule protects GOP interests when Democrats control the White House.
Legal experts say Trump has limited options. While he once floated the idea of challenging the practice in court, such a lawsuit would face long odds.
“It’s not a statute—it’s a custom,” Levinson explained. “That makes it very hard to overturn.”
Virginia Adds to the Turmoil
The issue has also surfaced in Virginia, where Lindsey Halligan—Trump’s pick to lead federal prosecutions—was ruled unlawfully appointed by a federal judge. The ruling led to the dismissal of politically sensitive cases and raised further doubts about her authority.
Although the Justice Department initially considered appealing, Halligan remains in the role, drawing sharp criticism from judges who have questioned why she continues to appear on official filings.
One judge ordered her name removed from court records. Another openly suggested she should resign.
Bondi and Deputy Attorney General Todd Blanche pushed back forcefully, accusing certain judges of displaying hostility toward Trump-aligned prosecutors.
Judicial Authority vs. Executive Power
Former U.S. attorney Barbara McQuade rejected claims of partisan bias, saying courts are simply enforcing the law.
“When a U.S. attorney lacks credibility with the bench, the entire office suffers,” she said, warning that acting prosecutors without Senate confirmation often lack the authority to lead effectively.
Delays in trials, postponed hearings, and stalled decisions followed several disqualifications—adding to concerns about disruption within the federal court system.
What Happens Next
Bondi has pledged to seek further review of the ruling that forced Habba out, and prosecutors have requested additional time to ask the full appeals court to reconsider. The Supreme Court could be the final stop—but whether the issue reaches that level remains uncertain.
Some legal experts believe Habba’s resignation weakens any appeal. Others say the administration may wait for a stronger test case before pushing the issue higher.
For now, the episode highlights an ongoing power struggle between the presidency, the Senate, and the judiciary—one that continues to frustrate President Trump and energize his critics.