OAKLAND – California Attorney General Rob Bonta today announced that California is leading a multistate coalition in filing an amicus brief that supports affirmance of a district court order that granted the New York Attorney General’s motion to quash grand jury subpoenas issued by an Acting U.S. Attorney whose appointment violated the Appointments Clause of the United States Constitution. The district court found that the Acting U.S. Attorney lacked authority to issue the subpoenas and disqualified him from any further involvement in prosecuting or supervising any investigations related to the subject of the subpoenas. The subpoenas sought to probe New York’s investigations into the Trump Organization and the National Rifle Association (NRA). The brief is being filed in the U.S. Court of Appeals for the Second Circuit.

“Respect for the Constitution is not optional,” said Attorney General Bonta. “The Appointments Clause exists to ensure accountability, transparency, and balance in our federal government. When that process is bypassed, it threatens not only the rule of law but also the ability of states to protect their residents from federal overreach.”

The coalition’s brief argues that adherence to the Appointments Clause is essential to preserving the separation of powers and protecting state sovereignty. It emphasizes that allowing improperly appointed officials to wield expansive grand jury authority risks undermining the integrity and reliability of the justice system.

Grounded in the history and purpose of Article II, Section 2 of the Constitution, the Appointments Clause was designed as a check on executive authority by requiring Senate advice and consent. As the brief explains, this process promotes the selection of qualified officials serving the national interest while ensuring that states, through their senators, have a voice in federal appointments— including for U.S. Attorneys whose decisions directly affect state residents. 

The brief also addresses the narrow statutory exception allowing temporary appointments as stopgaps while the Appointments Clause’s advice and consent process is completed, noting that such authority is strictly time-limited. This exception was misused in this instance because the Acting U.S. Attorney continued serving after the expiration of a prior temporary appointment, bypassing the constitutional confirmation process. 

In filing the brief, Attorney General Bonta was joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

Here is a copy of the brief.