Brooklyn US Attorney Nocella Tapped by Judges to Remain in Role

Interim Brooklyn US Attorney Joseph Nocella Jr. got the nod from the judges of the Eastern District of New York to stay on the job, avoiding the protracted fights that have played out in places like New Jersey and Albany.

Nocella, a former Long Island judge, was appointed by President Donald Trump in May and his temporary term in the role would expire after 120 days under federal law unless the district court’s judgesappointed him. The judges of the US District Court for the Eastern District of New York decided to let Nocella stay in his the post until he or someone else appointed by the president wins Senate confirmation, according to a Tuesday statement from the court.

While the approval removes the uncertainty surrounding Nocella’s appointment for the near future, his Senate confirmation isn’t secured. Sen. Chuck Schumer (D-N.Y.) earlier this year vowed to block Nocella’s nomination under the so-called “blue slip” process, which requires homestate senator sign off on US attorney and federal trial court nominations.

But the decision puts Nocella at the helm for now of a high-profile office that’s recently prosecuted Mexican drug cartel figures, Indian billionaire Gautam Adani, and former Rep. George Santos (R-N.Y.).

The decision came a day after the Justice Department appealed a decision finding Trump’s appointment of Alina Habba as the top federal prosecutor in New Jersey is unlawful. Habba was appointed to perform the duties on an acting basis after New Jersey district court judges rebuffed her.

In July, the Trump administration renewed John Sarcone’s tenure as Albany’s chief prosecutor days after the federal judges there declined to appoint him.