Another part of the U.S. Constitution is the #AppointmentsClause which states that Federal officers need Congressional approval, either directly by the Senate or via laws for that specific purposed passed by both houses and signed into law.
#Trump who has twice sworn to defend the #USConstitution has apparently never understood it to apply to him. And so... on 2025/11/24 #Halligan was found *not* to be the Interim U.S. Attorney for the District where she was placed by Trump and then-Attorney General #PamBondi. She didn't take the hint.
2025/12/02 United States v. Jefferson (3:25-cr-00160) Unlike others I have selected, this is a criminal case. But when Trump couldn't get serious lawyers to prosecute his political enemies, he turned to incompetent ones without anything like legal appointments. On 2026/01/20 this Judge told her to GTFO. https://www.courtlistener.com/docket/71984506/united-states-v-jefferson/
> This matter comes before the Court on the United States of America's (the "Government") Response to the Court's January 6, 2026 Order (ECF No. 22 ("Response")), which was submitted to the Court and signed by Ms. Lindsey Halligan on January 13, 2026. Ms. Halligan's filing comes in response to an Order directing her to file a pleading explaining the basis for her continued identification of herself as the United States Attorney for the Eastern District of Virginia in the face of United States District Judge Cameron McGowan Currie's binding Court Orders, issued on November 24, 2025, that found Ms. Halligan's appointment as Interim U.S. Attorney unlawful under both 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution.
See Docket entry 23.
The #fisk of the #PamBondi statement on the #LindseyHalligan departure continues:
> Lindsey worked tirelessly to protect the more than six million residents of Eastern Virginia.
Rhetorical filler; legally irrelevant. There is no “worked hard” exception to the Appointments Clause.
> Democratic Senators weaponized the blue slip process,
That’s a curious description of a vote according to agreed-upon rules. #Bondi and #ToddBlanche also "voted" no on #Halligan because she doesn’t have the requisite experience to do the job. Doesn't this framing miss on pointing at #Trump ?
> making it impossible for Lindsey's term as United States Attorney to continue following the expiration of her 120-day appointment.
False framing. The Senators vote had nothing to do with her illegal appointment and did not make anything impossible. If Halligan had the credentials for the job, the judges of EDVA could have been asked to legally appoint her as Interim US Attorney following the law. But she was Trump’s pick so all blame lies with him and his reasons for picking her.
> Despite multiple, unnecessary legal obstacles placed in her path,
Reversal of cause and effect.
The “obstacles” were: the #AppointmentsClause of the US #Constitution 28 U.S.C. § 546, and binding judicial rulings. These were not placed in her path, she just ran into them.
> Lindsey stepped forward at a critical juncture for our Nation
Trump created any problem here by removing Interim US Attorney #ErikSiebert, his own former pick, who was well under way to actually getting confirmed by the Senate just because #Siebert didn’t want to prosecute vindictively cases that he didn’t think could be won.
Before the case was narrowed to the #AppointmentsClause issue, the lawsuit included a #religious objection to being required to cover pre-exposure #prophylaxis for #HIV. They claimed that such drugs "facilitate & encourage homosexual behavior, prostitution, sexual promiscuity & intravenous drug use."
#law #SCOTUS #medicine #HealthCare #ACA #insurance #PreventiveCare
The case centers on whether the #USPSTF wields power to such an extent that members must be appointed by the #president & confirmed by the #Senate, as required by the #Constitution's #AppointmentsClause….
The task force is made up of #medical experts who serve 4yr terms on a volunteer basis. It reviews medical evidence & public feedback & issues recs about which #preventive services would be most effective for detecting illnesses early or addressing ailments before the condition worsens.
#Musk's own attorneys in a Delaware court filing on Saturday wrote:
"Musk ... is a HIGH-RANKING government official. ... The White House has designated Musk a 'special government employee' IN CHARGE OF Establishing & Implementing the President's Department of Government Efficiency ('#DOGE')."
The filing undercuts public statements & court filings to the contrary by #Trump ofcls.
There are at least 3 #AppointmentsClause cases against Musk's exercise of govt authority.
The Framers Had a Plan to Protect Us From Elon Musk
“If Trump gets away with doing this, we’re going back to the 18th century.”
https://www.motherjones.com/politics/2025/03/elon-musk-appointments-clause-doge/
"Multiple challenges to #Musk & the actions of his #DOGE allege his vast authority violates the #AppointmentsClause, one of the #Constitutions key anti-corruption measures... which the framers crafted to prevent the kingly practice of handing #jobs & #authority to unaccountable allies"
Via Charlie Savage
In this new #DOGE / #USAID ruling, Judge Chuang basically calls bullshit on #Trump admin claim that #Musk isn't running DOGE because formally someone else is the administrator & on paper he's just a random WH adviser.
Judge Chuang found that #ElonMusk is unlawfully exercising power under the #AppointmentsClause. However, because some of the #USAID dismantling was done by #PeterMarocco — #Trump’s #State Dept Director of #ForeignAssistance — not #Musk, & the dismissed employees didn't sue #USAID, he limited his preliminary injunction.
US judge orders DOGE, Musk to produce cost-cutting records
https://archive.is/lykiV#selection-1091.0-1091.58
"The states argued that #Musk violated the #Constitution by wielding power that only officials confirmed by the #US Senate can exercise under the #AppointmentsClause, & sought materials from him through a process known as discovery...
"Defendants argue that the 'inner workings of government' are immaterial to an Appointments Clause claim," [Chutkan] wrote. "The court is not convinced""
The states argued #Musk violated the #Constitution by wielding #power only ofcls confirmed by the US #Senate can exercise under the #AppointmentsClause, & sought the materials through…discovery.
#Chutkan said her order focused mainly on who at #DOGE was making cost-cutting decisions & how far they could go.
"Defendants argue that the 'inner workings of government' are immaterial to an Appointments Clause claim,” she wrote.
Richard Penner
Nonilex
Zhi Zhu 🕸️