A district court in New York set the Trump administration off on Wednesday by naming the replacement for one of the DOJ's several "not lawfully serving" acting U.S. attorneys, leading to a swift "you are fired" announcement on social media and a near replay of a standoff from the summer.
John Sarcone had clung to his claimed title of acting top prosecutor, through the office of first assistant U.S. attorney, and special attorney, as supervisor for the U.S. Attorney's Office for the Northern District even after a judge quashed his grand jury subpoenas of New York Attorney General Letitia James' office, as Sarcone "used authority he did not lawfully possess to direct the issuance of the subpoenas[.]"
In a brief announcement, the court cited 28 U.S. Code § 546(d) to name [Donald] Kinsella the U.S. attorney, pointing to his "more than 50 years of experience in complex criminal and civil litigation" and his time as the criminal chief of the office.
Under the statute, when a U.S. attorney's stint has expired, the "district court for such district may appoint a United States attorney to serve until the vacancy is filled." And under Article II, Congress "may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."
If the government is refusing to send any legitimate representation to court, just start automatically ruling in favor of the defendants by default. If I refused to attend court that's what would happen to me.