Clayton, Habba, and a Broken Process: End the Backdoor Appointments

In July, Trump officially announced Jay Clayton, the former SEC Chair, as the U.S. Attorney for the Southern District of New York, bypassing Senate approval. Although he has not been confirmed, a panel of federal judges has allowed him to remain in this position, extending his term under legal provisions for interim appointments. In New Jersey, President Trump’s nominee Alina Habba, who is a personal lawyer with no prosecutorial experience, lost her interim appointment when local federal judges instead appointed Desiree Grace. The DOJ subsequently dismissed Grace and reassigned Habba to another position in order to maintain her influence, despite ongoing legal challenges regarding the constitutionality of these actions. These maneuvers blatantly circumvent the Senate’s constitutional role of providing advice and consent. The framers established this oversight specifically to protect against executive overreach and to preserve judicial independence. Temporarily placing political loyalists in significant prosecutorial roles undermines the rule of law and blurs the distinction between political loyalty and impartial justice. Congress must respond promptly. Conduct oversight hearings, pass legislation to close loopholes that allow for indefinite interim appointments, and reaffirm the independence of the Justice Department.