The Trump Administration has gamed the system to install without Senate confirmation a new U.S. Attorney in the nation’s fourth largest city, a man who has said he believes that hundreds of thousands of the residents of that district are unfit to be Americans because of their religious faith. In a country where everyone is guaranteed freedom of religion by the U.S. Constitution, the new chief federal prosecutor for a district that is home to nine million people in an area bigger than 16 other whole states is on the record stating – without caveat – that “Islam is not compatible with Western civilization.”
This is probably not what the smug Trump spokesrobots had in mind when they smirked that “elections have consequences,” but they were right.
Each president of the United States is responsible for nominating people to serve in about 4000 government jobs, and you can assume that virtually all of those people share the president’s political views to some extent. By law, there are about 1200 of these nominees who must be confirmed by the U.S. Senate, and that is generally easily done when the president’s party has a majority in the Senate, as the Republicans do now. Barely. And yet, this president – or more accurately, this president’s men, since this president himself is too uneducated in government operations and too disinterested in learning about the actual inner workings of government to have ever thought up this workaround on his own – has chosen to evade that requirement of confirmation in a number of cases after Senate Democrats “stymied some of the Trump administration’s more controversial picks. While the Senate confirmation process is intended to vet candidates for these high profile jobs, many of Trump’s picks have sidestepped that process.” Including, now, Aaron Reitz, described by his new office here. The Texas Tribune reports:
Aaron Reitz has been appointed the next U.S. attorney for the Southern District of Texas. Reitz previously worked as a top deputy to Texas Attorney General Ken Paxton and worked in the Trump Justice Department before running for attorney general earlier this year.
Reitz finished fourth, despite Paxton’s endorsement, in a crowded and expensive primary. The Marine Corps veteran ran on a militant platform of destroying the left, going after DEI and waging “counter-jihad” on radical Muslims.
(snip)
Reitz enters the position at a perilous moment. The U.S. attorney’s office is likely to be involved in deciding whether to prosecute anyone in relation to [last] week’s fatal shooting of Lorenzo Salgado Araujo by an Immigration and Customs Enforcement agent in Houston. The Department of Homeland Security’s Office of Inspector General is leading the investigation, and the Harris County district attorney has vowed his own investigation, as well.
I wrote about Reitz’ campaign of anti-Muslim bigotry here.
It’s no surprise that this Administration would favor someone like Reitz for this job; it is becoming less and less surprising to learn how it has bent the rules of nomination and confirmation all out of whack to slide him into the post without him having to defend his odious beliefs in a public confirmation hearing. Like he had to do in February 2025 when he was appointed to another top Justice Department post:
During a confirmation hearing in February 2025, Democrats on the Senate Judiciary Committee pressed Reitz on a social media post where he said President Donald Trump should follow the lead of President Andrew Jackson and ignore a Supreme Court decision.
“There is no hard and fast rule about whether, in every instance a public official is bound by a court decision,” Reitz told the committee. “There are some instances in which he or she may be lawfully bound and some instances where he or she may not be lawfully bound.”
U.S. Senator Dick Durbin called Reitz’s appointment to the OLP “a danger to the rule of law,”; while some conservative lawmakers and scholars defended the stance amid debates about the power of district-level courts to issue nationwide injunctions on controversial issues.
Politico reported almost a year ago how the Administration is working around the requirement for Senate confirmation in the cases of some of its own nominees. The law allows the Administration (any Administration, not just this one) to appoint an interim or acting U.S. Attorney to take over the job for up to 120 days while awaiting Senate confirmation of the permanent nominee. If the Senate does not confirm the nominee after 120 days, the federal judges in the district can appoint someone to take over the responsibility of running that office, and that person can serve indefinitely (no 120 day limit) until the Senate does finally confirm a nominee. If the Senate never does confirm a nominee – or an Administration never nominates anyone else for the job – the person picked by the judges can stay in place until they leave on their own or the president asks them to step down. No Senate confirmation ever required. Here’s how it’s worked in the Southern District of Texas:
- Alamdar Hamdani was nominated by President Biden in November 2022, and was confirmed by voice vote in the Senate Judiciary Committee and then the full Senate that next month; he resigned at the end of the Biden Administration in January 2025…it is customary for most political appointees to resign so a new president can appoint a new person to the job.
- Nicholas Ganjei was sworn in as the acting U.S. Attorney in Houston in January 2025, the start of the second Trump Administration. When no permanent nominee was named, the district judges in the Southern District of Texas voted, unanimously, on May 28 to make Ganjei the new permanent U.S. Attorney.
- President Trump nominated Ganjei to be a federal judge in Houston in November 2025; he was confirmed by the Senate in February 2026 and started his new job in March 2026.
- John Marck was appointed acting U.S. Attorney in March 2026, succeeding Ganjei.
- Then Marck was himself nominated to the federal bench on April 6, less than a month later, and he was confirmed to that new job June 24. He left the U.S. Attorney’s office July 9 (last week).
- On that same day, July 9, it was reported that the judges in the Southern District of Texas had voted unanimously to confirm Reitz as the new man. With no 120-day limit, no Senate confirmation needed.
And so we have a new chief federal prosecutor in Houston who said just months ago, while running to be Texas attorney general, that Islam just doesn’t fit in with life in Houston…or Texas, or America, or anywhere in the Western world! To quote me again from this past January:
He didn’t blast the individual Muslims who’ve committed acts of terror in Western nations, he didn’t accuse all Muslims of hating America, he didn’t even nonsensically claim – as Greg Abbott and others have – that Muslims in Texas are trying to build towns where only Muslims can buy property and their religious law will supersede Texas law, although he did do that later in the ad. No, he relied on some unspecified religious and civilizational authority to proudly proclaim, as if there was ever any real doubt, that “Islam is not compatible with Western civilization.” Without specifying why, of course. Perhaps we can construe that he feels Muslims do not conform to the (unspecified) “Christian values” which he promises to defend from the Muslim “invasion” that has been supported by “politicians.” (Do you wonder if the Christian value of recognizing that others may find their own path to God is one of the Christian values he’ll defend?)
That’s some pretty assertive, take-no-prisoners religious bigotry. And just the dreary worldview that Christian nationalists – who by definition reject the First Amendment’s protection of religious liberty for all in the United States – are selling.
Do you still need to be persuaded of the importance of voting?
