Attorney General Clark Joins Multistate Coalition Urging the Court to Uphold Constitutional Safeguards Against Tyranny of Trump Administration

Attorney General Charity Clark today joined a multistate coalition in filing an amicus brief that supports affirmance of a district court order that granted the New York Attorney General's motion to quash grand jury subpoenas issued by an Acting U.S. Attorney whose appointment violated the Appointments Clause of the United States Constitution. The district court found that the Acting U.S. Attorney lacked authority to issue the subpoenas and disqualified him from any further involvement in prosecuting or supervising any investigations related to the subject of the subpoenas. The subpoenas sought to probe New York's investigations into the Trump Organization and the National Rifle Association (NRA). The brief is being filed in the U.S. Court of Appeals for the Second Circuit.

The coalition's brief argues that adherence to the Appointments Clause is essential to preserving the separation of powers and protecting state sovereignty. It emphasizes that allowing improperly appointed officials to wield expansive grand jury authority risks undermining the integrity and reliability of the justice system.

Grounded in the history and purpose of Article II, Section 2 of the Constitution, the Appointments Clause was designed as a check on executive authority by requiring Senate advice and consent. As the brief explains, this process promotes the selection of qualified officials serving the national interest while ensuring that states, through their senators, have a voice in federal appointments- including for U.S. Attorneys whose decisions directly affect state residents.

The brief also addresses the narrow statutory exception allowing temporary appointments as stopgaps while the Appointments Clause's advice and consent process is completed, noting that such authority is strictly time-limited. This exception was misused in this instance because the Acting U.S. Attorney continued serving after the expiration of a prior temporary appointment, bypassing the constitutional confirmation process.

Joining Attorney General Clark in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Virginia, and Washington.

A copy of the brief is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171