Federal Court Appoints Jay Clayton to Continue Serving as Manhattan’s US Attorney

Clayton’s term as interim U.S. attorney was coming to an end amid a backlog of nominations.

Jay Clayton, former chairman of the SEC, speaks during 13D Monitor's Active-Passive Investor Summit in New York City on Oct. 22, 2024. Brendan McDermid/Reuters

A federal court has appointed Jay Clayton to continue serving as the U.S. Attorney for the Southern District of New York, as the Senate did not confirm him before his term ended.

Clayton, who previously served as the head of the Securities and Exchange Commission, has been in the position since April. The U.S. Attorney for the Southern District of New York is one of the top prosecutor positions in the United States, as it handles high-profile cases such as those against rapper Sean “Diddy” Combs and Ghislaine Maxwell.

Clayton’s term was scheduled to end on Aug. 19. The U.S. District Court for the Southern District of New York stated on Aug. 18 that it was appointing him to remain in the position until someone appointed by President Donald 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 statement 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 news of Clayton’s appointment 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 and 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 a senior policy adviser 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.