Schumer Says He'll Block 2 of Trump’s US Attorney Nominees

Sen. Chuck Schumer (D-N.Y.) speaks during a news conference at the U.S. Capitol on Aug. 1, 2024. Kent Nishimura/Getty Images

WASHINGTON—Senate Minority Leader Chuck Schumer (D-N.Y.) on April 16 announced that he would seek to block nominations made by President Donald Trump for two top federal prosecutor roles in New York City.

In each of the 94 federal judicial districts across the country, a U.S. attorney is the chief federal law enforcement officer.

U.S. attorneys lead all federal prosecutions, represent the U.S. government in civil suits, and command federal law enforcement agencies (e.g., the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; and the FBI) in their districts, giving them significant legal power.

The president appoints them to four-year terms with the advice and consent of the Senate, although federal law allows for the naming of interim U.S. attorneys for an indefinite period.

The U.S. attorney for the Southern District of New York (SDNY), which covers the New York City boroughs of Manhattan and the Bronx, is regarded as the country’s most influential prosecutor because of the high-profile cases he or she handles.

The U.S. attorney for the Eastern District of New York (EDNY) has jurisdiction over the boroughs of Queens, Brooklyn, and Staten Island, giving both officers control of all federal prosecutions in New York City.

Because of their influence, Schumer said he would try to block nominations to these roles, saying Trump has been “clear” that he will use prosecutions for personal retribution.

“I am blocking the Senate from moving forward on the US Attorney nominees for the Southern and Eastern Districts of NY,” Schumer wrote on social media platform X. “Trump has made clear he intends to use the DOJ, US Attorney offices, and law enforcement as weapons to go after his perceived enemies. Such blatant political motivations are deeply corrosive to the rule of law.”

Trump has nominated Walter Joseph “Jay” Clayton III, former chair of the Securities and Exchange Commission, as U.S. attorney for SDNY. For EDNY, he has nominated Nassau County District Court Judge Joseph Nocella Jr.

Technically, Schumer does not have the power to “block” nominations. By custom in the Senate, opposition to a U.S. attorney nominee from a state’s senior senator renders the nomination “dead.”

However, this is not a firm rule, and the Senate majority may ignore such opposition and bring the nomination to a vote anyway.

The SDNY has overseen many high-profile prosecutions, including those of Luigi Mangione, Sean “Diddy” Combs, Sam Bankman-Fried, and Jeffrey Epstein. Many prominent U.S. lawyers, such as former New York City Mayor Rudy Giuliani, have served as the district’s U.S. attorney.

When asked by The Epoch Times whether the Senate Judiciary Committee would override Schumer’s denial of consent to proceed, a Judiciary Committee spokesperson said that the committee has “long honored the traditional blue slip process for U.S. Attorney nominees.”

The “blue slip” process refers to the method by which consent is received from senators to proceed with Judiciary Committee nominations in their home state. If a senator does not return a request from the chairman on a blue piece of paper—inquiring into the character of the nominee—no further action is taken on the nomination.