Federal judges in the Eastern District of Virginia unanimously selected James W. Hundley, a veteran commercial litigator, as the interim U.S. Attorney for the district on February 20, 2026, a decision swiftly followed by the Justice Department’s rejection of the appointment.
The judges’ action followed the departure of Jessica D. Aber, who had served as the U.S. Attorney for the Eastern District of Virginia. The circumstances surrounding Aber’s exit remain unclear, but the judges moved to fill the vacancy by choosing Hundley, a partner at the law firm McCarter & English, based in Tysons Corner, Virginia.
Within hours of the judicial appointment, the Justice Department intervened, effectively nullifying the judges’ selection. According to reports, the department did not offer a public explanation for its decision to bypass the judges’ choice. This action is unusual, as the process typically allows for judicial input in selecting the U.S. Attorney.
Hundley’s selection by the judges was notable given his extensive background in commercial litigation. He has been recognized by Best Lawyers for his work in this field. The judges’ decision to appoint a litigator with a private practice background reflects a desire for someone with significant courtroom experience to lead the office.
The Justice Department’s swift rejection of Hundley’s appointment has raised questions about the department’s priorities and its relationship with the judiciary in the Eastern District of Virginia. The department has not announced a replacement for Aber, nor has it indicated whether it will seek input from the judges in the selection process. As of February 21, 2026, the position of U.S. Attorney for the Eastern District of Virginia remains unfilled, with the Justice Department maintaining control over the appointment process.
