Serrano out as federal prosecutor in eastern WA. But he could be back

Pete Serrano’s time as a federal prosecutor in eastern Washington ended Tuesday. His tenure with the U.S. Department of Justice may not be over.

Tuesday marked Serrano’s final day as interim United States Attorney for the Eastern District of Washington. He was appointed on Aug. 6 and sworn in five days later. He could serve up to 120 days while awaiting confirmation.

But President Donald Trump never nominated Serrano, a Republican and 2024 candidate for state attorney general. Even had Trump done so, Serrano knew success was a long shot.

That’s because Patty Murray, Washington’s senior Democratic senator, opposed his selection and declared in August that she would use a Senate maneuver known as the “blue slip” process to prevent the Pasco lawyer from getting confirmed to the federal post.

Yet Serrano could soon be back in the job temporarily.

Judges in the Eastern District can act to reappoint him as the U.S. attorney until the position is filled. There would be no time limit on his service.

Or, the judges could appoint someone else. They’ll need to file a notice with the court clerk of any decision.

Another possibility is the Trump administration finds Serrano a different federal position that does not require Senate confirmation.

Serrano did not respond to multiple requests for comment this week.

In the past, he pointed to the experience of Alina Habba, the president’s ill-fated choice to be New Jersey’s top federal prosecutor, as a parallel to what might lie ahead.

Habba was appointed in March, but New Jersey’s two Democratic U.S. senators, Cory Booker and Andy Kim, declined to submit a blue slip supporting her confirmation. When her 120 days ran out, the U.S. District Court in New Jersey appointed a replacement rather than retain her.

Since then, Habba, a former personal attorney for the president, has been engaged in an unsuccessful legal battle to remain in the job. She resigned Monday a week after a federal appeals court ruled against her.

But that same day, U.S. Attorney General Pam Bondi hired her as a senior adviser.

Serrano moved to Pasco in 2015 with his family. He worked as an environmental lawyer for the U.S. Department of Energy and at Energy Northwest before founding the conservative nonprofit Silent Majority Foundation, which has unsuccessfully challenged the state’s gun restrictions and COVID mandates.

Serrano was elected to the Pasco City Council in 2017 and re-elected in 2021. He was running unopposed for re-election at the time of the appointment. He resigned from the city position in August. Because it was too late to have his name removed from ballots, he won and, if he chooses to be sworn in again, will be able to take part in the council’s Jan. 5 meeting.

Serrano’s exit, even briefly, represents the latest command change for the U.S. attorney’s office in eastern Washington.

He is the third person to hold down the job this year. Serrano took over for acting U.S. Attorney Stephanie Van Marter, who assumed the position in July following the resignation of Richard Barker as the acting federal prosecutor.

There are 93 U.S. attorneys nationwide. They prosecute federal criminal cases and work on civil litigation involving the federal government. Serrano supervised a staff of approximately 79 prosecutors, civil litigators, and support personnel, according to the Department of Justice.

This story was originally published by the Washington State Standard.