The federal judges of the Eastern District of New York will soon have an important decision to make: Will they let Joseph Nocella, a former Nassau County judge and municipal lawyer, continue serving as interim U.S. attorney after his 120-day appointment expires Sept. 2.
Senate confirmation of President Donald Trump's nomination of Nocella is blocked by Sen. Chuck Schumer, using an obscure procedural tactic. A district's federal judges are now the last resort to guard against unchecked prosecutorial power by the executive branch when the confirmation process is stalled.
Last Thursday, Alina Habba, who has no legitimate credentials for such a post — unless you count defending Trump on TV — was barred from continuing to serve as the U.S. attorney for New Jersey after her interim appointment