On Monday, August 18, 2025, a panel of federal judges delivered a decisive ruling in New York City, appointing Jay Clayton as the U.S. attorney for the Southern District of New York (SDNY)—widely regarded as the nation’s most prestigious and influential federal prosecutor’s office. This development, reported by the Associated Press and The Washington Post, marks a significant victory for President Donald Trump’s administration, which has faced repeated challenges in filling top federal prosecutorial posts during his second term.
Clayton, who previously chaired the Securities and Exchange Commission (SEC) from 2017 to 2020, brings more than two decades of experience at a prominent international law firm to his new role. However, as both outlets note, he has never served as a prosecutor before taking the helm of the Manhattan office four months ago. His appointment as permanent U.S. attorney comes as his interim term was set to expire, and—unlike many of President Trump’s other picks for U.S. attorney positions—Clayton’s selection went unchallenged by the judges of the SDNY.
“I am honored to continue serving the people of New York together with the talented and hardworking women and men of the Office,” Clayton said in a statement, according to the Associated Press. The decision, announced by Southern District Executive Edward Friedland, ensures that Clayton will remain in the position unless President Trump nominates another candidate who is then confirmed by the Senate.
This appointment is particularly notable given the recent turmoil and high turnover within the Manhattan prosecutor’s office. The SDNY has long been known for its independence from Washington, but recent months have seen a string of resignations and dismissals. Notably, then-interim U.S. Attorney Danielle Sassoon resigned after refusing to follow Justice Department orders to drop corruption charges against New York City Mayor Eric Adams. The case was ultimately dropped following a request from prosecutors in Washington, a move that drew criticism and underscored tensions between local prosecutors and federal authorities.
Further upheaval followed when assistant U.S. attorney Maurene Comey was fired shortly after she led the prosecution in the high-profile trial of hip-hop producer Sean “Diddy” Combs. Although Combs was acquitted of the most serious racketeering conspiracy and sex trafficking charges, he remains jailed and is awaiting sentencing on prostitution-related convictions. These incidents have contributed to a sense of instability in an office typically celebrated for its continuity and autonomy.
Clayton, for his part, has maintained a relatively low profile while leading the office, steering clear of the kind of controversial charging decisions that have brought scrutiny to other Trump appointees. As CNN and The Washington Post highlight, Clayton’s appointment marks the first time during Trump’s second term that a U.S. attorney pick has not faced judicial or Senate opposition. In contrast, most of Trump’s other nominations for U.S. attorney posts have been blocked by senators or rejected by district judges.
For example, in the Northern District of New York—which includes cities such as Albany, Binghamton, and Syracuse—judges rejected Trump’s choice, John A. Sarcone III, for the top prosecutor role. The administration then named Sarcone as the special attorney to the attorney general, allowing him to continue serving in a similar capacity, even though he lacks the formal title. Sarcone made headlines earlier this year after reporting an attack by a knife-wielding man from El Salvador outside an Albany hotel. The suspect, who was initially charged with attempted second-degree murder, ultimately pleaded guilty to menacing after prosecutors reviewed surveillance footage and downgraded the charges.
In New Jersey, the situation has been even more contentious. Federal judges there rejected Trump’s appointment of Alina Habba, a former defense attorney for the president, as interim U.S. attorney. Instead, the judges selected another attorney to fill the role, only for Attorney General Pam Bondi to fire their chosen successor and reinstall Habba as acting U.S. attorney. Habba’s tenure remains uncertain, as her appointment is currently being challenged in two court cases, with a ruling from a Pennsylvania federal judge expected soon. Habba has also drawn attention for bringing a rare federal criminal case against a sitting member of Congress—Rep. LaMonica McIver—on assault charges not related to fraud or corruption, and for launching an investigation into New Jersey’s Democratic governor, Phil Murphy, and attorney general, Matt Platkin, regarding the state’s policy limiting cooperation with federal immigration enforcement.
The Trump administration’s difficulties in securing Senate approval for its U.S. attorney nominees have led to a patchwork of interim appointments across the country. By law, the president’s appointees can serve for 120 days before a district’s federal judges must decide whether to allow them to remain or appoint a successor. In the past, it was rare for judges to reject the administration’s pick, but this year has seen several such rejections, reflecting the deepening partisan divides over federal law enforcement leadership.
Despite these challenges, a handful of Trump’s interim appointees have managed to stay in their roles without Senate or judicial approval. Bilal “Bill” Essayli in Los Angeles and Sigal Chattah in Nevada continue to serve as the top federal prosecutors in their respective districts, underscoring the administration’s willingness to pursue unconventional legal strategies to keep its preferred candidates in place.
The appointment of Jay Clayton as the permanent U.S. attorney for Manhattan is not without precedent. During Trump’s first term, Geoff Berman was appointed to the same position by district court judges after failing to secure Senate confirmation, only to be replaced later by the administration. This pattern highlights the evolving dynamics of federal prosecutor appointments and the growing influence of district judges in shaping the leadership of the nation’s most powerful law enforcement offices.
As the Southern District of New York moves forward under Clayton’s leadership, the office faces the task of restoring stability and public confidence following months of upheaval. The coming months will test both Clayton’s ability to navigate the complex political landscape and the broader relationship between the Justice Department, the White House, and the federal judiciary. For now, the judges’ decision provides a measure of continuity in a role that is critical not only to New York but to the nation’s legal system as a whole.
