President Trump and his administration—not activist judges—should pick the prosecutors who fight for America in federal court. That’s the clear message from Rep. Derek Schmidt as House Judiciary Republicans push back against judicial overreach.
In a powerful markup session, the Kansas Republican laid it out straight: too many district courts have stepped in during U.S. Attorney vacancies, grabbing power that belongs to the executive branch. These moves create an outrageous conflict where judges handpick the very lawyers arguing cases before them. Enough is enough.
“President Trump and his administration—NOT JUDGES—should select the men and women who represent the president in court,” Schmidt declared.
His bill, H.R. 8065—the Restoring Executive Branch Authorities to Oversee Offices of the United States Attorneys Act of 2026—delivers common-sense reform. It gives the Attorney General authority to appoint temporary U.S. Attorneys for 120-day terms, cutting out the courts and ending Senate blue-slip delays that leave critical posts empty.
This isn’t complicated. The Constitution vests law enforcement in the executive, not lifetime-appointed judges who answer to no voter. When courts appoint prosecutors, they erode separation of powers and tilt the scales in their own courtrooms. Americans voted for strong leadership under Trump to enforce the law—not to watch rogue judges play prosecutor-in-chief.
Schmidt’s legislation safeguards U.S. Attorneys’ offices so the people’s elected president can actually run the Justice Department. No more judicial power grabs. No more insiders protecting the swamp.
House Judiciary Republicans under Chairman Jim Jordan are moving fast to restore constitutional order. This bill puts power back where it belongs: with the executive branch accountable to the American people.
It’s time to end the games. Trump and his team—not black-robed bureaucrats—should choose who represents the United States in court. Pass H.R. 8065 and drain the judicial swamp.