President Donald Trump’s nominee to lead the powerful U.S. Attorney’s Office for the Southern District of New York will remain in the role despite not receiving Senate confirmation. On Monday, a panel of federal judges voted to approve Jay Clayton, allowing him to continue serving as Manhattan’s top federal prosecutor.
The decision marks a rare victory for the Trump administration, which has faced multiple setbacks as its U.S. attorney picks around the country were blocked or rejected. Typically, Senate confirmation is required for the post, but under federal law, district judges can step in when political stalemates prevent the process from moving forward.
Clayton previously served as chairman of the Securities and Exchange Commission from 2017 to 2020 and spent over two decades at an international law firm advising Wall Street institutions. Despite his extensive legal background, he had never worked as a prosecutor before stepping into the role four months ago.
“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 after the announcement.
The Manhattan U.S. Attorney’s Office has faced upheaval in recent months. Several prosecutors resigned rather than follow Justice Department directives, including an order to drop corruption charges against New York City Mayor Eric Adams. When Washington prosecutors stepped in, that case was eventually dropped.
More recently, after leading a large portion of the trial of music mogul Sean “Diddy” Combs, Assistant U.S. Attorney Maurene Comey was fired. Combs was found guilty of prostitution-related felonies and is awaiting sentencing, despite being cleared of accusations of sex trafficking and racketeering.
Clayton has led an agency long known for its independence from Washington, but he has mostly maintained a quiet profile despite the chaos.
Clayton’s acceptance contrasts with previous Trump picks who have fallen into difficulties. The administration reassigned John A. Sarcone III under a new title after courts in upstate New York rejected him as U.S. attorney. Judges in New Jersey barred Alina Habba, a former Trump defense lawyer, resulting in a legal battle that is currently pending in federal court.
While Clayton has managed to sidestep the problems enveloping his peers, his prolonged service highlights how the administration has resorted to odd legal methods to keep its preferred prosecutors in place when Senate confirmation proved problematic.