PHILADELPHIA (KYW Newsradio) — This week, U.S. Attorney Jacqueline Romero resigned from her position as top federal prosecutor in the Philadelphia region — a move happening around the country as Biden appointees bow out, and the search for a Trump appointee begins.
“It is absolutely normal,” says Villanova Law professor Steven Chanenson. Each time a new party takes over the White House, there’s a search for new federal prosecutors.
“The United States Attorney is a presidential appointee who has to be confirmed by the Senate. … It is customary that the new president puts in their own person.”
There will be 93 new U.S. attorney appointments throughout the country, but Chanenson says it could take months to install them all.
“One of the things that the president has to do after getting the big ticket appointments out of the way—the various secretaries and other high profile folks—is to start nominating U.S. attorneys, and that is a spot where the home state senators have a lot to say.”
It varies from state to state, he says, but the most common approach is for senators from the president’s party create an application, and oftentimes appoint a committee to help whittle down the applicants. Then the senator will make a recommendation to the White House.
In Pennsylvania, Republican Sen. Dave McCormick will spearhead the search, likely with a committee, and both he and Sen. John Fetterman, a Democrat, will vet the candidates.
“First and foremost, they are looking for someone who is a highly skilled attorney. But then, yeah, they are going to look for someone who is going to align with strategy and priorities of that presidential administration,” Chanenson said.
In the past, former senators Pat Toomey and Bob Casey, Republican and Democrat, respectively, have collaborated to find a candidate they both support.
“What is interesting is in states that we have right now, like in Pennsylvania where we have one senator from each of the major parties—is how they are going to work together,” he said.
“I think it is a safe bet to say that both of them will weigh in. Given that the president is a Republican, Sen. McCormick may have a little more sway, but I would be surprised if whomever the president nominates is someone that Sen. Fetterman is completely opposed to.”
McCormick and Fetterman will also have to find top spots for not only the Eastern District, but Pennsylvania’s Middle and Western as well.
In the meantime, the first assistants in each office will act as top prosecutor until a new candidate is chosen, and confirmed by the Senate.
The United States Attorneys office is part of the larger Department of Justice, now led by Attorney General Pam Bondi, so there are going to be priorities of any department of justice — not just the current one - that the US Attorney has to be comfortable pursuing.