President Donald Trump on Wednesday bypassed an attempt by Senate Minority Leader Chuck Schumer (D-NY) to block one of his key nominees for a top federal prosecutor position in New York. In a post on Truth Social, Trump announced he was appointing Jay Clayton as interim U.S. attorney for the Southern District of New York, temporarily sidestepping the Senate confirmation process that Schumer had aimed to stall.
“I am pleased to announce that Jay Clayton will serve as the Interim United States Attorney for the Southern District of New York. During my First Term, Jay served with great distinction as the Chair of the Securities and Exchange Commission, and earned the respect of everyone,” Trump said. The president pointed out that he initially announced his intent to nominate Clayton for the Southern District of New York back in mid-November and argued that the nomination had received “wide, bipartisan support.”
He added, “Now, after five months and, even though Jay was previously confirmed by the Senate on a Bipartisan basis, and has complied with ALL requests of the Senate Judiciary Committee, Chuck Schumer has announced that he is blocking all New York U.S. Attorney Nominees.” Earlier on Wednesday, Schumer stated he planned to block both Clayton and Joseph Nocella Jr.—a Long Island judge nominated for U.S. attorney for the Eastern District of New York—by invoking the “blue slip” tradition, which allows home-state senators to halt a nomination they oppose.
“Donald Trump has made clear he has no fidelity to the law and intends to use the Justice Department, the U.S. Attorney offices and law enforcement as weapons to go after his perceived enemies,” Schumer said in a statement — without, of course, mentioning that former President Joe Biden did the same to go after Trump and his allies. Schumer added, “Such blatant and depraved political motivations are deeply corrosive to the rule of law and leaves me deeply skeptical of the [sic] Donald Trump’s intentions for these important positions. For that reason, I will not return the blue slip for the U.S. Attorney nominees for the Southern and Eastern Districts of New York.”
The Republican-led Senate Judiciary Committee has the authority to override Schumer’s objection and move forward with the nominations. However, Chairman Chuck Grassley (R-IA) told The New York Times that his committee would honor the “blue slip” tradition. In his post on Wednesday, Trump emphasized that his administration is still pursuing full Senate confirmation for Clayton, beyond his interim role—just as it did with Ed Martin and Alina Habba, who currently serve as interim U.S. attorneys in Washington, D.C., and New Jersey, respectively.
“The Southern District leads the Department of Justice’s oversight over our Financial Markets, and fights for the safety of Millions of New Yorkers and the over 60 Million people who visit New York annually,” Trump said. “The Southern District needs strong leadership NOW, and I thank Jay for taking on this role while we continue to pursue his Senate confirmation.”
