Please click here to opt in to receive the Executive Functions Roundup via email and to subscribe to Executive Functions.
The Justice Department on Tuesday removed Desiree Grace from her role as the “first assistant” in the New Jersey U.S. Attorney’s office. Grace had been appointed by a panel of federal judges to serve as the interim U.S. attorney to replace President Trump’s pick Alina Habba, who had been serving in the role since late March. According to Anne Joseph O’Connell, the Justice Department can fire Grace from her role as first assistant, but not from her role as interim U.S. attorney. Deputy Attorney General Todd Blanche wrote in a post on X that the Justice Department had removed Grace “[p]ursuant to the President’s authority,” and, as O’Connell notes, OLC has held that the president can fire court-appointed U.S. attorneys. It is not clear who is currently serving in the interim U.S. attorney position. (WAPO.) (AG Pam Bondi X post.) (DAG Todd Blanche X post.) (Anne Joseph O’Connell Bluesky post.)
Bob Bauer argued that important features of the second Trump presidency—including the lack of separation between the White House and DOJ and Trump’s selection of high-level advisors—pose challenges for the White House’s management of the Jeffrey Epstein scandal. (Executive Functions.)
John Langford discussed the possibility, in a post-CASA world, of states challenging U.S. government action directly in original jurisdiction cases in the Supreme Court. (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Trump v. Mary Boyle: Government filed application on July 2 to stay district court order that invalidated Trump’s firing of three members of the Consumer Product Safety Commission. Plaintiffs filed response to application on July 11. Government filed reply on July 14.