A federal court appointed Jay Clayton, President Donald Trump’s choice for US attorney for the Southern District of New York, to serve in that position as his interim term was set to expire, making him the president’s first significant US attorney appointment that has gone unchallenged.
Judges in SDNY appointed Clayton on Monday to serve as US attorney effective August 20, the court announced Monday.
Clayton, a former corporate attorney and the chairman of the Securities and Exchange Commission during Trump’s first term, has never been a prosecutor. Unlike some of Trump’s picks for other US attorney positions, Clayton has not made controversial charging decisions that have been criticized as being politically motivated.
The appointment by the judges marks a reversal at a time when Trump’s been unable to get US attorneys in place during his second term.
Senators have blocked most of Trump’s nominations to US attorney positions, including Clayton. Trump has put in place interim US attorneys across the country, but those terms are expiring and some have met resistance by federal judges, who are allowed by law to appoint a US attorney after an interim’s term expired.
In New Jersey, district judges rejected Trump’s interim US attorney Alina Habba and selected another attorney for the position, who Trump then fired. Habba’s appointment has been challenged in two court cases.
In the Northern District of New York, the district court judges declined to exercise their authority to appoint a US attorney. Trump’s choice, John Sarcone III, now serves as the acting US attorney there.
It’s not the first time the judges have appointed a US attorney for SDNY. Geoff Berman, who served as US attorney in Manhattan in Trump’s first term, was also never confirmed by the Senate but was appointed by the district court judges. He was later replaced by the Trump administration.
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