A federal court has appointed Jay Clayton to continue serving as the U.S. Attorney for the Southern District of New York as his term as interim attorney came to an end without him receiving Senate confirmation.
Clayton, who previously served as the head of the Securities and Exchange Commission, was named in November by then-President-elect Donald Trump to serve as U.S. attorney. The U.S. Attorney for the Southern District of New York is one of the top prosecutor positions in the United States, with high-profile cases like the one against rapper Sean Diddy Combs and Ghislaine Maxwell.
Clayton had been
serving in an interim position after being appointed by the attorney general. His term was scheduled to end on Aug. 19. The U.S. District Court for the Southern District of New York said on Aug. 18 that it was appointing him to remain in the position until someone appointed by President Trump and approved by the Senate takes over.
“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 press release on Aug. 18.
Clayton’s office recently made news for a
settlement reached with West Point over its consideration of an applicant’s race in admissions. He was also part of the
effort to unseal grand jury testimony in Maxwell’s case.
Federal law allows district courts to make such an appointment until the vacancy is filled. The court offered a
brief statement on Aug. 18 announcing the decision but didn’t offer much detail.
“The Court, as authorized by statute, 28 U.S.C. § 546(d), has appointed Mr. Clayton United States Attorney for the Southern District of New York, effective on August 20, 2025, to serve until a United States Attorney, nominated by the President and appointed with the advice and consent of the United States Senate, takes office,” the court said.
The news came amid a
backlog of nominations in Trump’s second term. On the day Trump
announced Clayton as interim attorney, Senate Minority Leader Chuck Schumer (D-N.Y.)
said he would block the president’s nominees for the southern and eastern districts of New York.
Schumer accused the president of “political motivation” in making the nomination.
“Trump has made clear he intends to use the DOJ, U.S. Attorney offices, and law enforcement as weapons to go after his perceived enemies,” Schumer
said on social media at the time.
In New Jersey, the federal district court appointed a replacement for former interim attorney Alina Habba, but Attorney General Pam Bondi quickly stepped in to remove that replacement.
Trump withdrew Habba’s appointment to serve as U.S. attorney, and she was instead appointed to serve as first assistant U.S. attorney. Because Bondi removed the court’s pick for the top attorney spot, Habba has become acting U.S. attorney for New Jersey.
Trump sought to appoint Clayton to the role during his first term but encountered pushback from Geoffrey Berman, who was holding the position at the time and questioned Clayton’s qualifications. Berman was eventually fired by then-Attorney General Bill Barr, replaced by Audrey Strauss.
Clayton has a long career that includes serving as a clerk for Judge Marvin Katz of the Eastern District of Pennsylvania, as well as advising private companies. He’s also served as senior policy advisor at Sullivan & Cromwell LLP and is an adjunct professor at the University of Pennsylvania Carey Law School, where he obtained his law degree.
When Trump announced Clayton’s nomination last year, he said, “Jay is a highly respected business leader, counsel, and public servant.”
Jacob Burg contributed to this report.
