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Schumer Uses Senate ‘Blue Slip’ to Halt Trump’s US Attorney Nominees

Photo credit: thehill.com

Senate Leader Blocks Trump Nominees for New York U.S. Attorney Positions

Senate Democratic Leader Chuck Schumer (N.Y.) has activated the Senate’s “blue slip” policy to prevent President Trump from appointing candidates to significant U.S. attorney roles in two of the nation’s most influential federal districts, namely the southern and eastern districts of New York.

On Wednesday, Schumer declared his intention to obstruct the nominations of former Securities and Exchange Commission (SEC) Chair Jay Clayton, who is seen as a Trump ally, for U.S. attorney in the Southern District of New York, alongside Joseph Nocella, a notable Republican figure, for the Eastern District.

In his statement, Schumer expressed concerns about Trump’s approach to law and order: “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.”

He elaborated on his skepticism regarding Trump’s intentions for these crucial positions, labeling the motivations behind the nominations as “blatant and depraved,” which he believes undermines the rule of law. Consequently, he confirmed that he would not return the necessary blue slip for these nominees.

If Schumer’s colleagues in the Republican Party uphold his decision, it could prevent Clayton and Nocella from progressing to a confirmation vote on the Senate floor. However, it is anticipated that Trump may exert pressure on Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) to move the nominations forward despite Schumer’s resistance.

Clayton, who lacked previous prosecutorial experience, held a position as a mergers specialist at Sullivan & Cromwell before leading the SEC from 2017 to 2020. The Southern District of New York is recognized for its high-profile and intricate legal cases, making the appointment especially significant.

Nocella, on the other hand, has a background as a Long Island judge and previously served as an assistant U.S. attorney for the Eastern District in the early ’90s. He has strong ties to the Nassau County Republican Party, which positions him well within the political landscape of the region.

The Eastern District has a notable history, having overseen significant prosecutions, including cases against mob boss John Gotti, the Bonanno crime family, and R&B singer R. Kelly.

The blue slip tradition allows senators to withhold consent for judicial and U.S. attorney nominees in their states. Typically, the chair of the Senate Judiciary Committee requires that both home-state senators return these slips before advancing a nominee to the Senate floor.

This procedural tradition had initially included federal appellate court nominations but began to wane in the early 2000s. Former Senate Judiciary Committee Chair Orrin Hatch (R-Utah) notably moved several nominees forward without blue slip approval during the early 2000s.

Grassley, who took chairmanship of the Judiciary Committee in 2015, did not permit blue-slip objections to delay Trump’s circuit court nominees initially. However, he has maintained the ability for senators to block federal district court nominations through this process, affirming his commitment to honor the tradition for objections coming from home-state senators.

“The answer is yes,” Grassley stated in an interview with The New York Times, confirming his intention to adhere to this precedent.

Source
thehill.com

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