Unvetted, Unconfirmed U.S. Attorneys Shift Too Much Power to the President
10.30.2025
New York State Bar Association President Kathleen Sweet is speaking out about the need to have U.S. Attorneys vetted by the Senate in a new episode of the Miranda Warnings podcast. In a follow-up to her nationwide OpEd in Bloomberg Law, Sweet details how Congress is giving up its oversight powers by not thoroughly investigating candidates.
“The administration’s installation of U.S. Attorneys without either the vetting process that accompanies Senate confirmation, or the approval of federal judges in the district, violates the separation of powers foundational to our democracy,” she said. “We all know as lawyers, the third branch, perhaps the branch of last resort moves more slowly and so the check on Congress and the check on the executive that rests with the judiciary is often left to play catch up. This is another example of how the checks and balances have been weakened.”
In the episode, Sweet details the lengthy process she went through in being vetted for a federal judgeship in 2016. Sweet was unanimously confirmed by the Senate Judiciary Committee but the nomination and many others was stymied by then-Senate Majority Leader Mitch McConnell.
Podcast host David Miranda asks Sweet what impact will result from having people leading federal prosecutions that have not gone through the vetting process.
“It is unfortunate because it further dilutes and undermines public confidence in the decision making and charging decisions that are made by those officers of the court by those acting or special U.S. Attorneys,” she said.
You can watch the full episode of Miranda Warnings here or listen to our podcast below.
