Charlotte’s federal judges issue order on Trump U.S. attorney choice
Russ Ferguson’s time as a U.S. attorney appointed by the Trump administration is up, but judges Thursday issued an order to keep him inside Charlotte’s federal court as the area’s top prosecutor — at least until the president appoints someone else.
After President Donald Trump won the 2024 presidential election, his pick for U.S. attorney general, Pam Bondi, appointed several prosecutors to top positions in the country’s federal courts. Ferguson, a North Carolina native, was one of those prosecutors.
Since he was first sworn in on March 11, Ferguson has served as the U.S. attorney for the Western District of North Carolina. The area stretches from Charlotte to Asheville to the Tennessee and Virginia borders, touching 32 counties and the Qualla Boundary of the Eastern Band of Cherokee Indians. On Thursday, he was sworn in again.
Under federal law, all of Bondi’s appointments expire after four months or earlier, should the president appoint and the Senate approve a replacement before the end of that time. Ferguson’s expiration date would have been Monday, but the court’s six top judges issued their order Thursday keeping him.
“It is an incredible honor to have the confidence of this court,” Ferguson said in a statement to The Charlotte Observer. “I will continue to work tirelessly to uphold the high standards of the office and to keep our community safe.”
Ferguson filled the vacancy left by Dena King — a South Mecklenburg High School graduate who became the first person of color and fourth woman to serve as U.S. attorney in Charlotte.
Chief District Judge Martin Reidinger, nominated by former Republican President George W. Bush, swore Ferguson in Thursday, and his appointment starts Monday.
Of the six judges who ordered that Ferguson stay in office, five were nominated by Republican presidents, and one was nominated by a Democratic president:
- Senior Judge Richard Voorhees was nominated by former Republican President Ronald Reagan in July 1987. He filled a seat left empty when Reagan moved David B. Sentelle to the U.S. Court of Appeals in D.C.
Senior Judge Graham Mullen was nominated by former Republican President George H.W. Bush in February 1990. He filled a seat vacated by James McMillan, who was nominated by former Democratic President Lyndon Johnson.
- Judge Frank Whitney was nominated by former Republican president George W. Bush in February 2006. He filled a seat opened by fellow Bush-appointee, H. Brent McKnight, who died during his term.
Reidinger was nominated by former Republican President George W. Bush in January 2007. He filled a seat left open when George H.W. Bush-appointee Graham C. Mullen went on senior status.
- Judge Max Cogburn Jr. was nominated by former Democratic president Barack Obama in January 2011. He filled a seat left open when Lacy Thornburg, a Clinton appointee, retired.
Judge Kenneth Bell was nominated by President Trump in January 2019. He filled a seat left open when Voorhees became a senior judge.
