Reply #57: That was changed.

[OnyxCollie]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4809561

In spite of the long-accepted, constitutionally sound, independence-preserving method of appointing interim U.S. Attorneys, the appointment process was radically changed with the reauthorization of the USA PATRIOT Act in 2006. Removed was the interbranch appointment from the district court; the Attorney General could now make interim U.S. Attorney appointments. Also eliminated was the 120 day period that interim U.S. Attorneys could stay in office before a district court could appoint an interim U.S. Attorney to fill the vacancy. Interim U.S. Attorneys could now remain in office indefinitely, or until the President appointed a U.S. Attorney to the district. Interim U.S. Attorney appointments bypassed Senate confirmation, leaving the determination of qualification to the Justice Department.

The insertion of this new clause into the reauthorization of the USA PATRIOT Act went unnoticed. Senators were at a loss to explain how the clause made its way into the bill. It was later determined that the Justice Department had requested Brett Tolman to insert the clause into the bill (Kiel, 2007). At the time the clause was inserted Mr. Tolman was a counsel to the Senate Judiciary Committee, of which Sen. Arlen Specter (R-PA) is a member. Sen. Specter responded to inquiries about his involvement with the clause by saying, “I do not slip things in” (Kiel, 2007, p. 1). According to Sen. Specter, the principal reason for the change was to resolve “separation of power issues” (Kiel, 2007, p. 2). The Senate voted to repeal the clause in February 2007 (P.L. 110-34, 2007). Mr. Tolman is now a U.S. Attorney for the state of Utah.