Trump’s Nomination of Manhattan US Attorney Validated by Judges
NEW YORK — President Donald Trump’s nominee for the top federal prosecutor position in Manhattan will remain in office despite not receiving Senate confirmation, following a ruling by a panel of judges on Monday.
This endorsement of Jay Clayton as the U.S. Attorney for the Southern District of New York marks a notable success for the Trump administration, which has employed unconventional strategies to retain several other nominees for U.S. Attorney roles after Senate advancement was blocked.
The announcement came from Edward Friedland, Executive of the Southern District, who stated that Clayton will maintain his role until a new nomination is made by Trump and subsequently approved by the Senate.
Clayton previously led the Securities and Exchange Commission from 2017 to 2020 and has substantial connections to Wall Street, backed by over 20 years with a major international law firm. However, he lacked prior prosecutorial experience before his appointment four months ago.
Clayton expressed gratitude in a statement, saying, “I am honored to continue serving the people of New York alongside the dedicated and talented team of the Office.”
This decision comes amidst multiple other U.S. Attorneys appointed by the Trump administration facing rejections from judges in their respective districts.
Turmoil in the Manhattan Office
The Manhattan prosecutorial office has faced significant disruptions recently, highlighted by the resignations of several prosecutors, including interim U.S. Attorney Danielle Sassoon. She stepped down after disagreeing with the Justice Department’s instructions to drop corruption charges against Mayor Eric Adams. Ultimately, the case was withdrawn after a request from Washington prosecutors was presented to the court.
In another instance, Maurene Comey, an assistant U.S. attorney, was dismissed shortly after leading the prosecution against hip-hop producer Sean "Diddy" Combs. Combs was acquitted of the most serious charges but remains incarcerated, awaiting sentencing related to prostitution-related convictions.
Clayton has kept a relatively low public profile while managing a team of prosecutors recognized for their autonomy from federal oversight.
The judges’ ruling regarding Clayton arrived as several federal court jurisdictions throughout the nation declared the Trump administration’s U.S. attorney selections invalid, prompting the administration to seek alternative legal avenues to sustain its nominees.
Usual Senate Approval Process for U.S. Attorney Appointments
Typically, U.S. Attorney appointments would require Senate confirmation; however, Democratic senators can obstruct the process in their home states, which has occurred on multiple occasions. In such cases, the appointed prosecutor can serve for 120 days before district judges determine whether to allow their continued presence in the role. Judges also hold the authority to name a successor.
Historically, it was uncommon for judges to reject presidentially appointed prosecutors, but there has been a marked increase in such instances this year.
In New York’s Northern District, which spans 32 counties including Albany and Syracuse, judges repudiated the appointment of John A. Sarcone III. The administration then designated him as a special attorney to the attorney general, allowing him to serve as U.S. attorney without holding the official title.
Legal Challenge in New Jersey
In New Jersey, federal judges dismissed former Trump attorney Alina Habba’s appointment, selecting a different interim federal prosecutor for the state. In response, Attorney General Pam Bondi removed the judges’ choice and reinstated Habba in her role.
Habba’s position remains precarious, owing to ongoing litigation challenging the administration’s decision to retain her. A ruling is expected this week from a Pennsylvania federal judge regarding the legality of this appointment. The Justice Department maintains that the president has the right to appoint his preferred candidate.
Unlike Clayton, who has faced minimal controversy leading up to the judges’ decision, both Sarcone and Habba have drawn significant media attention during their tenures.
In June, Sarcone reported an attack by a knife-wielding assailant from El Salvador outside a hotel in Albany. The attacker, initially charged with attempted murder, saw his charges reduced after prosecutors reviewed video evidence and he eventually pled guilty to menacing.
Habba initiated a rare federal criminal case against a sitting congresswoman, Rep. LaMonica McIver, for alleged assault during a visit to an immigration detention center. McIver has denied any wrongdoing.
Additionally, Habba has initiated inquiries into New Jersey Governor Phil Murphy and Attorney General Matt Platkin regarding state directives preventing local law enforcement from collaborating with federal immigration enforcement.
The administration continues to navigate similar challenges in various locations across the country. Two other federal prosecutors, Bilal "Bill" Essayli in Los Angeles and Sigal Chattah in Nevada, have managed to continue their roles without Senate or local judicial approval.
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