There may be some motion to dismiss it on the grounds that the U.S. attorney who is pursuing this is not lawfully in place. There's a statute that says when there's a vacancy, the DOJ can put an interim prosecutor in for 120 days. That 120 days had passed. And after 120 days, only the district court judges in a district can approve somebody to be the U.S. attorney. (03:30–03:42)
CLAIM
Asserts that the DOJ's interim appointment period had expired.
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