March 29, 2007 · The Bush administration has taken full advantage of a Patriot Act provision that permits interim appointments of United States attorneys without Senate confirmation.
Of federal prosecutors now on the job, 21 of 93 did not face Senate confirmation....
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...Sen. Patrick Leahy (D-VT) chairs the Senate Judiciary Committee, where the White House would normally send nominations for filling empty U.S. attorney slots.
But Leahy has received no nominations for the 18 U.S. attorney posts currently open, including the eight cleared by last year's firings.
Sen. Leahy thinks that's mainly because Attorney General Gonzales was using the provision stuck into the Patriot Act to avoid Senate scrutiny of his appointees.
"It's obvious they wanted to use this Republican-written backdoor way in the Patriot Act to bypass the Senate," Sen. Leahy said.
Arizona Republican Sen. Jon Kyl says he had no idea so many U.S. attorneys are officially temporary and serving without senate confirmation. "It's not good to have vacancies," Sen. Kyl said. "You need to have confirmations. And I don't know why the number is the way it is." The White House, for its part, did not respond to repeated requests for comment.