President Donald Trump and Gretchen Whitmer speaks to the members of Michigan National Guard

Several of Trump’s loyalty-based prosecutor picks face resistance from senators with the power to block their confirmation.

President Donald Trump’s early picks for U.S. attorneys are facing strong opposition from Democratic senators, who have the power to block these appointments. This sets up another battle over key personnel choices from a president who values loyalty when building his team.

His nominees for top prosecutor jobs in Nevada, New York, and New Jersey are opposed by Democrats. These roles are important because they control which cases get investigated and what penalties the government seeks.

This power was shown recently when Alina Habba, interim U.S. attorney in New Jersey, charged Rep. LaMonica McIver, a Democrat, with assault after a confrontation with federal officers. McIver denies the charges, calling them “purely political.”

In the Senate, some Democrats plan to use a long-standing practice called the “blue slip,” which lets home-state senators block federal prosecutor nominees from their state.

The fight followed the withdrawal of Ed Martin, Trump’s first choice for the top prosecutor in Washington, D.C., after opposition from both parties. Martin had little legal experience and supported the January 6 rioters. Trump replaced him with Jeanine Pirro, a Fox News host and former judge known for supporting Trump.

Illinois Sen. Dick Durbin said, “Martin was the extreme example. I think our antenna are flying high as we look at each one of these nominees.”

Trump’s choices have drawn attention as he tries to control the Justice Department and use it to retaliate against his critics.

In Nevada, Trump’s interim U.S. attorney, Sigal Chattah, is opposed by Democratic senators Catherine Cortez Masto and Jacky Rosen. Rosen has promised to block Chattah from staying past the 120-day interim period.

In New Jersey, Sen. Cory Booker opposes Habba as a permanent U.S. attorney. Habba is a former Trump lawyer and White House counselor.

Senate Democratic leader Chuck Schumer of New York said he would block Trump’s nominees for two prosecutor jobs in his state, saying Trump wants to use the Justice Department to target his political enemies.

Ed Martin speaks in an event

White House press secretary Karoline Leavitt defended Habba, saying Trump is proud of her work enforcing law and order in New Jersey. The White House called Schumer’s opposition “politics over critical DOJ appointments.”

Schumer replied, “The Justice Department should spend more time prosecuting criminals instead of going after their perceived political enemies.”

Normally, Democratic opposition would not stop Trump nominees because Republicans hold the Senate majority. But the blue slip rule gives home-state senators power to block nominees. Senate Judiciary Committee Chairman Chuck Grassley said he would respect blue slip objections.

Sen. Josh Hawley said the blue slip “gives senators a hand in choosing nominees for their state,” but hopes it is “not abused.”

Democrats worry that Trump’s Justice Department is becoming too political. They pointed to Martin’s time as interim U.S. attorney in D.C., when he demoted officials handling January 6 cases.

Concerns rose when prosecutors in New York resigned amid a corruption case against Mayor Eric Adams that was dropped.

Schumer said in April he would block nominees for two New York U.S. attorney jobs.

In Nevada, Chattah has stirred controversy with past comments, including saying the state’s Black attorney general should “be hanging from a (expletive) crane,” and calling a Black congressman an “anti-Semitic ghetto rat.”

Chattah told The Associated Press she expects to be nominated permanently but did not comment on objections.

Booker said he talked with the White House about the New Jersey post but would not say if he would block Habba. He said, “I do not support her being permanent.”

Habba, known for defending Trump on TV and joining his campaign events, had little court experience before joining his legal team. She was criticized by a judge during Trump’s 2024 defamation trial for misstating the law and breaking procedures.

As interim U.S. attorney, Habba started an investigation into New Jersey’s Democratic governor and attorney general over their policy limiting local cooperation with federal immigration enforcement.

Law professor Stephen Saltzburg said presidents usually picked U.S. attorneys from their party who earned bipartisan support. But now, some nominees are chosen mainly for their loyalty to Trump’s MAGA movement.

Saltzburg said the Trump administration is breaking the usual separation between the White House and Justice Department, reaching into U.S. attorney offices.

He warned, “There’s a concern for the rule of law when everything looks like it’s being dictated by the White House.”

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