Appointments Clause – Paul Mollica's Federal Courts Blog

Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt

In United States v. Donziger, No. 21-2486 (2d Cir. June 23, 2022), a 2-1 panel majority turns back constitutional challenges to the district court’s power under the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, and Fed. R. Crim. P. 42(a) to appoint special prosecutors in a criminal contempt case. The appeal arisesContinue reading “Split Second Circuit Panel Upholds Federal Judicial Power to Appoint Special Prosecutor Under Fed. R. Crim. P. 42(a) to Press Criminal Contempt”