Chuck Schumer says on social media he is trying to block Trump's nomination of Nassau Judge Joseph Nocella Jr. for top LI prosecutor

U.S. Sen. Chuck Schumer is attempting to block a Nassau judge that President Donald Trump nominated to be the U.S. attorney for Brooklyn and Long Island from ascending to the high-profile job, Schumer announced Wednesday.

"I will not let the Senate move forward on President Trump’s nominees for U.S. Attorney for the Southern and Eastern Districts of New York," Schumer said in a post on X, referring to the top federal prosecutor posts in Manhattan and Brooklyn.

Schumer has deployed a rarely used Senate mechanism, that if successful, would kill the nomination of Nassau Family Court Judge Joseph Nocella Jr., whom Trump nominated to be U.S. attorney for the Eastern District of New York, which has offices in Brooklyn and Central Islip. Trump nominated Jay Clayton, the former chairman of the U.S. Securities and Exchange Commission, to lead the Southern District of New York — the most high-profile district in the country.

The Senate's blue slip tradition, which dates back to at least 1917, features the chairman of the Senate Judiciary Committee sending a blue-colored form to the two senators that represent all federal judgeship nominees, in an effort to get feedback, according to an article explaining the process on Congress.gov. Withholding the blue slip is seen as an objection to the nominee and has traditionally prevented the nomination from moving out of committee to the full Senate for a vote.

"Donald Trump has made clear he has no fidelity to the law and intends to use the Justice Department, the U.S. Attorney offices and law enforcement as weapons to go after his perceived enemies," Schumer, a Democrat and the Senate minority leader, said in a statement Wednesday. "Such blatant and depraved political motivations are deeply corrosive to the rule of law and leaves me deeply skeptical of Donald Trump's intentions for these important positions. For that reason, I will not return the blue slip for the Southern and Eastern Districts of New York."

Schumer's move could be successful as Iowa Sen. Chuck Grassley, the chairman of the Judiciary Committee, signaled he would honor the blue-slip tradition.

 A spokesperson for Grassley said in a statement Wednesday: "The Judiciary Committee has long honored the traditional blue slip process for U.S. Attorney nominees." 

If Grassley’s position holds and Nocella and Clayton’s nominations die in committee, Trump would have to make new nominations. It’s unclear if Schumer would continue to blue-slip any future Trump nominee.

Nocella, a Republican who was elected late last year as a Nassau family court judge, could not be reached for comment. Nocella, 60, of Seaford, worked previously as a Nassau district court judge. He also held posts in the Hempstead and Oyster Bay town attorney offices. Early in his career, he did a four-year stint as a line prosecutor in the Eastern District.

In recent years, the Eastern District has prosecuted several high-profile public corruption cases, including those of ex-Nassau County Executive Edward Mangano, former Suffolk County District Attorney Thomas Spota and ex-Suffolk Police Chief James Burke. The office, under both Republican and Democratic administrations, has also prosecuted MS-13 gang members for a series of killings on Long Island.

Trump, in a statement announcing he would select Nocella for the post, said he "has a strong record of bringing Law and Order to the incredible people of New York."

Joseph Cairo, the leader of the Nassau County Republican Party, issued a statement saying, "Joseph Nocella is eminently qualified for the position of United States Attorney for the Eastern District, possessing the background and experience to do an excellent job in the pursuit of justice on behalf of the federal government."

 The Eastern District is currently led by office stalwart John Durham, who took over on an acting basis after the departure of Breon Peace, who was nominated by President Joe Biden.

A spokesman for the U.S. Attorney's Office for the Eastern District declined to comment Wednesday. 

By Nicole Fuller

[email protected]@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.