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Heading into the weekend, FITSNews filed a report on the latest developments related to the appointment of the next United States attorney for the state of South Carolina.
The U.S. attorney is the top federal prosecutor for the state – and is appointed by the president with the advice and consent of the U.S. Senate. The office in South Carolina has been held since July 2022 by Adair Ford Boroughs, who was appointed by president Joe Biden at the end of a lengthy power struggle.
S.C. first circuit solicitor David Pascoe was Biden’s top choice for the job, but his candidacy was blocked by U.S. senator Lindsey Graham. Biden’s second choice – former S.C. House minority leader James Smith – also failed to pass muster.
Democrats aren’t the only ones who have struggled to fill this incredibly influential position. A similar dynamic unfolded the last time Donald Trump was in the White House, with a bitter intra-party proxy war delaying the eventual appointment of Sherri Lydon until May of 2018. Lydon was only on the job for a little over a year-and-a-half, with Trump tapping her for a federal judgeship in 2019. She was followed in office by former S.C. House judiciary chairman Peter McCoy, who served until 2021.
There’s been a ton of turnover at the helm of this office, in other words…
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As we noted in our report last week, Trump’s top choice for the post this go-round – Columbia, S.C. attorney Debbie Barbier – has indicated she is remaining in the private sector. Meanwhile, the other presumed frontrunner – S.C. Department of Corrections (SCDC) director Bryan Stirling – hasn’t indicated whether he is interested in the job.
Stirling was pushed for the post by governor Henry McMaster in 2017, and were he to express interest he would likely have an advantage over the rest of the field.
Should Stirling decline to seek the office, Charleston, S.C. white collar defense attorney Matt Austin would appear to have significant momentum behind his bid. Austin, a former federal prosecutor, is the son-in-law of former U.S. attorney Bart Daniel – who wields considerable influence over the process given his prior experience in the federal system as well as his connections to Graham and fellow U.S. senator Tim Scott.
Also reportedly in the running for the post is state representative Jay Jordan, chairman of the S.C. House ethics commission. According to our sources, Jordan is being touted by U.S. congressman Russell Fry – although we are told Jordan would rather be considered for a federal judgeship than the prosecutor job. Specifically, he is said to be eying the district court judgeship which opened up back in June when Robert B. Harwell assumed senior status.
Jordan’s path to Harwell’s seat could be blocked, though. According to our sources, assistant U.S. attorney Kathleen Stoughton is also being considered for the judgeship in Florence, S.C. – with many believing her to be more likely to be fitted for the robe.
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Stoughton – an experienced prosecutor and appellate lawyer – is also receiving consideration for the U.S. attorney position. So is assistant U.S. attorney, Elliott Daniels – whose bid is being supported by Upstate congressman William Timmons.
“Elliott has taken on high-value prosecutions including gang and gun violence, targeting drug trafficking organizations that distribute cartel fentanyl and methamphetamine,” Timmons wrote in a letter supporting Daniels for the office. “He has also prosecuted sex trafficking, child exploitation, forced labor, white-collar offenses, cryptocurrency fraud, public corruption, and matters involving national security. In a prior position with DOJ, he defended the enforcement of federal immigration law in contested removal cases.”
“Our institutions desperately need the right people leading them,” Timmons added. “Elliott is that person. He represents the best of who we are, and our state would be better for his leadership.”
As previously noted, Trump is hoping to “avoid another proxy fight” for this seat and is urging Palmetto State GOP leaders to “get together on a consensus nominee.”
Will they be able to do so? Or will petty power struggles yield a crowded field – resulting in yet another delayed appointment?
Keep it tuned to this media outlet for the very latest on the chess moves driving this process…
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ABOUT THE AUTHOR …
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
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