This week, President Donald Trump launched a vigorous attack on Senate Democrats and Senior Republican Senator Chuck Grassley. He accused them of blocking his nominees for U.S. Attorney positions through the Senate’s blue slip tradition. These comments mark an increase in tensions over control of significant prosecutorial posts in battleground states.
In a striking statement, Trump remarked, “If I put up GEORGE WASHINGTON [in] Virginia where you have Dem Senators, they won’t approve him!” He criticized the gentleman’s agreement of the blue slip, claiming it has persisted for too long, asserting that it effectively prevents the appointment of a Republican U.S. Attorney.
Trump’s frustrations stem from the Senate’s informal blue slip process, where home-state senators can approve or block presidential nominees for federal judges and U.S. Attorneys. He contends that Democrats are using this procedure to thwart his nominees in critical states like New Jersey and California. Though it is not enshrined in law, the blue slip tradition has been in practice for over a century, allowing one senator to halt an appointment by refusing to return a signed approval slip to the Senate Judiciary Committee.
Trump described the practice as “probably unconstitutional” and placed the blame squarely on Grassley, asserting, “All because GRASSLEY with his BLUE SLIP stuff won’t let anybody go by! And by the way, Democrats have violated blue slip!”
The stalling of at least seven U.S. Attorney nominees, such as Alina Habba in New Jersey, is central to Trump’s grievances. He expressed concern that those in interim roles may soon need to step down. “SEVEN U.S. Attorneys will have to quit soon because the GOP IS DOING NOTHING,” he warned.
This situation sharply contrasts with Trump’s first term when he successfully appointed 234 federal judges. Since his return to office, however, only five nominees have made it through the Senate within the first seven months. This slowdown is attributed not to a lack of nominees but to ongoing Democratic resistance and hesitation among Republicans to abandon the blue slip procedure.
Grassley has long defended the blue slip process as a vital Senate norm, intended to maintain balance and honor input from states. In contrast, Trump now perceives it as an outdated courtesy exploited by Democrats.
Trump’s sentiments were echoed in his assertion that Grassley should permit strong Republican candidates to take up essential roles, challenging him to stand firm against Democratic objections: “Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles and tell the Democrats, as they often tell us, to go to HELL!”
On the other side, Democratic senators are vocal about their objections. New Jersey Senator Cory Booker has firmly rejected Habba due to concerns about her qualifications. Habba has previously served as Trump’s personal attorney and is currently leading investigations involving Democratic officials.
Meanwhile, Senator Dick Durbin, the current Judiciary Committee Chairman, cautioned against politicizing Department of Justice positions. He referenced past nominations that faced bipartisan opposition, indicating heightened scrutiny over the qualifications of nominees. “Our antennae are flying high as we look at each one of these nominees,” Durbin remarked, reflecting a sense of caution among Democrats.
Critics of Trump’s nominees contend that they are not only politically motivated but also potentially punitive. Legal experts have raised alarms that some nominees, under scrutiny for their partisan activities, may wield prosecutorial discretion in a manner that could undermine justice. Stephen Saltzburg, a former Justice Department official, noted, “The qualifications for some of the people who are being named are simply they were loyal MAGA supporters.”
From the administration’s viewpoint, the delays in confirmations arise from Democratic obstruction rather than concerns over qualifications. White House spokesperson Harrison Fields stated, “Senator Schumer and his anti-law-and-order party are prioritizing politics over critical DOJ appointments, obstructing President Trump’s Make America Safe Again agenda.”
This obstruction carries significant policy implications. Under federal law, interim U.S. Attorneys can only serve for 120 days without Senate confirmation. In the case of Habba, a ruling clarified that she had been “unlawfully serving” beyond the legally allowed window.
Although temporary appointments can facilitate quick staffing, they also weaken legal stability and invite disputes over authority. Critics argue these interim roles bypass the Senate’s oversight. Trump’s supporters, however, argue that it is the Senate’s actions that have made confirmation impossible, forcing the administration to take action outside traditional channels.
Trump’s mounting frustration with the procedural stalemate has led him to consider legal action. He stated, “We’re also going to be filing a lawsuit on blue slipping. You know, blue slips make it impossible for me as president to appoint a judge or a U.S. Attorney.”
While no lawsuit has been filed yet, Trump’s team is reportedly exploring challenges on constitutional grounds, claiming that nothing in Article II permits individual senators to veto executive branch nominations. However, tampering with this tradition risks diminishing senators’ checks on executive appointments within their states.
Seats in critical prosecutorial districts like Eastern Virginia and New Jersey remain unfilled. Until Senate Democrats either return the blue slips or agree to bypass the tradition, Trump’s nominees remain in limbo. The delay has already affected prosecutorial activities, with investigations led by interim appointees facing political scrutiny and potential judicial review.
As Trump intensifies his pressure on both Senate Republicans and Democrats regarding blue slips, the issue is set to become a significant point of contention in coming months. He is determined to break the logjam through legal means, temporary appointments, or a revolt within the Senate Judiciary Committee. “If one Democrat can stop the whole thing,” he declared, “it’s not democracy—it’s sabotage.”
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