A federal judge has ruled that Ryan Ellison, appointed by the Trump administration as Acting U.S. Attorney for the District of New Mexico, was serving unlawfully due to the absence of Senate confirmation. Despite this, the court permitted Ellison to continue his duties as First Assistant U.S. Attorney, allowing him to oversee ongoing cases in the district.
Ellison’s appointment has been a point of contention. Initially appointed as interim U.S. Attorney in April 2025 by Attorney General Pamela Bondi, his 120-day term expired in August 2025. The Department of Justice then extended his tenure without seeking Senate confirmation, a move that drew criticism from legal experts and lawmakers. Senators Martin Heinrich and Ben Ray Luján expressed concern over the administration’s bypassing of the Senate and district court in extending Ellison’s term, emphasizing the importance of adhering to constitutional procedures in such appointments. ([heinrich.senate.gov](https://www.heinrich.senate.gov/newsroom/press-releases/heinrich-lujan-denounce-trump-administration-for-bypassing-senate-district-court-in-extending-interim-us-attorney-for-new-mexicos-term?utm_source=openai))
In response to the ruling, Ellison stated, “Yesterday, a federal district judge ruled that my designation as Acting United States Attorney was invalid. Importantly, the judge also ruled that I was validly designated as First Assistant United States Attorney and, in that capacity, could continue supervising the United States Attorney’s Office for the District of New Mexico.” ([justice.gov](https://www.justice.gov/usao-nm/pr/statement-first-assistant-us-attorney-ryan-ellison?utm_source=openai))
This decision aligns with similar judicial findings in other jurisdictions. For instance, in November 2025, a federal judge dismissed indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor, Lindsey Halligan, was unlawfully appointed. ([apnews.com](https://apnews.com/article/5ec1a59d152bc1fd000ade15e20745b5?utm_source=openai))
These rulings underscore the judiciary’s role in upholding the constitutional process for appointing federal prosecutors. The Department of Justice has indicated plans to appeal these decisions, highlighting the ongoing debate over the administration’s appointment practices.