Workaround will keep WA’s Pete Serrano in federal prosecutor job

Pete Serrano will continue to lead the federal prosecutor’s office in eastern Washington.

He’s got two new titles: First Assistant United States Attorney and “special attorney” to Attorney General Pam Bondi. Plus, he will keep carrying out duties as the acting leader of the Eastern District office.

The changes, announced Thursday, come after time expired on Serrano’s appointment by the Trump administration as an interim United States attorney.

He was sworn in Aug. 11 and was able to serve 120 days while awaiting confirmation. President Donald Trump never nominated him and the clock ran out Tuesday.

Judges in the Eastern District could have reappointed him or put someone else in the job. They did neither.

That opened the door for Bondi to act. She assigned Serrano the new job titles, ensuring he stays on as the acting leader of the office until the U.S. attorney position is filled.

“I appreciate the opportunity to continue serving my community as a member of the Department of Justice,” Serrano said in a statement.

He declined requests for further comment Thursday.

It’s a good turn of events for the conservative Republican who lost his race for state attorney general last year.

He knew confirmation was unlikely because of staunch opposition from Patty Murray, Washington’s senior Democratic senator. She said Serrano is unqualified for the job and vowed in August to use all available means to block the Pasco lawyer from getting confirmed.

Murray, in a statement Thursday, said the Trump administration is “attempting a transparent end run around the Constitution and Congress” after federal judges declined to extend Serrano’s tenure.

“This move spits in the face of the law and Congress — and it sets a dangerous precedent and risks jeopardizing the legitimacy of the U.S. Attorney’s office moving forward,” she said.

This maneuver is similar to what the Trump administration did to keep John Sarcone III at the helm of the U.S. Attorney’s Office in the Northern District of New York.

Sarcone was appointed but never formally nominated by the president. When his 120-day tenure concluded, federal judges in the district declined to reappoint him or someone else. Bondi then appointed him “special attorney” with the powers of a U.S. attorney and no time limit on service.

A federal statute known as the Vacancies Act outlines who can serve and for how long in a vacant position subject to Senate confirmation. There is an ongoing debate on the extent to which the executive branch can install a new first assistant U.S. attorney during a vacancy.

Trump ignited a legal imbroglio with Alina Habba, his ill-fated choice to be New Jersey’s top federal prosecutor. Habba has been nominated but not confirmed. She spent months fighting unsuccessfully in court to keep the gig after her 120-day appointment expired.

She resigned Monday, a week after a federal appeals court ruled against her.

That same day, Bondi hired her as a senior adviser.

This story was originally published by the Washington State Standard.