That's a "loophole" one federal judge has already rejected in former Trump personal attorney Alina Habba's case and it's one that Senior U.S. District Judge J. Michael Seabright, a George W. Bush appointee, should likewise slap down, the defendants said. "The Court should reject that loophole, just as it should reject the government's other thinly sourced arguments." Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox. Even in civil cases, the proposition is absurd: a defendant does not need standing to move to dismiss a complaint. The Trump administration has repeatedly used acting appointments of U.S. attorneys to sidestep the U.S. Senate's advice and consent role in confirming nominees to the permanent position.