
Senate Minority Leader Chuck Schumer (D-NY) announced on Wednesday that he intended to stop two of President Donald Trump’s nominees for U.S. attorney positions in New York.
The move hinges on the “blue slip” tradition in which home-state senators can effectively block a nominee if they do not support the individual.
“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.
He 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 affected nominees are former Securities and Exchange Commission Chairman Jay Clayton, picked to become U.S. attorney for the Southern District of New York, and Joseph Nocella Jr., a Long Island judge chosen for U.S. attorney for the Eastern District of New York.
If Republicans on the Judiciary Committee choose to disregard Schumer, they could advance the nominees. However, Chairman Sen. Chuck Grassley (R-IA) appears unwilling to depart from the norm.
The New York Times reported Grassley affirming, “The answer is yes,” when asked about adhering to the blue slip tradition. “If they are from the state the nomination comes from.”
Sen. John Cornyn (R-TX), a member of the judiciary panel, told the news outlet that the blue slip tradition “serves a useful purpose even when in Democratic hands.” He added, “Obviously we value the ability to, appropriately, stop some nominees.”
Democrats have employed another tactic to stymie a different U.S. attorney nominee.
Earlier this month, Sen. Adam Schiff (D-CA) declared that he would place a hold on the nomination of Ed Martin to be U.S. attorney for the District of Columbia, a role he currently serves in an interim capacity.
A hold requires Senate majority leadership to schedule a floor vote for a nominee, bypassing the faster unanimous consent process.
Trump allies have sounded the alarm.
Responding to a post on X about Senate Democrats obstructing Trump’s picks for top prosecutor roles, his eldest son, Donald Trump Jr., said, “We can’t let the swamp block my father’s picks for US Attorney!!!”
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