The multistate coalition filed the brief in the U.S. Court of Appeals for the Second Circuit, supporting affirmance of a district court order that granted the New York Attorney General's motion to quash grand jury subpoenas. The district court found that the Acting U.S. Attorney lacked constitutional authority to issue the subpoenas and disqualified him from any further involvement in prosecuting or supervising investigations. The disputed subpoenas sought to probe New York's investigations into the Trump Organization and the National Rifle Association.
"Respect for the Constitution is not optional," said Attorney General Bonta. "The Appointments Clause exists to ensure accountability, transparency, and balance in our federal government. When that process is bypassed, it threatens not only the rule of law but also the ability of states to protect their residents from federal overreach."
The coalition argues that the Acting U.S. Attorney's appointment violated Article II, Section 2 of the Constitution, which requires Senate advice and consent for key federal positions. According to the brief, the official continued serving after the expiration of a prior temporary appointment, effectively bypassing the constitutional confirmation process. The states contend that allowing improperly appointed officials to wield grand jury authority undermines the integrity of the justice system.
The case highlights ongoing tensions between state and federal authorities over constitutional appointment procedures. The Appointments Clause was designed as a check on executive authority, ensuring that states have a voice in federal appointments through their senators—particularly for U.S. Attorneys whose decisions directly affect state residents, the brief argues.
The brief emphasizes that while federal law allows for narrow statutory exceptions for temporary appointments as stopgaps, such authority is strictly time-limited and was misused in this instance. The coalition argues that adherence to proper appointment procedures is essential to preserving separation of powers and protecting state sovereignty.
Joining California in the coalition are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia. The case represents a significant constitutional challenge to federal prosecutorial authority and could have implications for future appointments and investigations.