Joseph Bianco, a federal judge and former organized crime and terrorism prosecutor, is one of two Donald Trump nominees set for likely confirmation this week to appeals court seats in New York.
The Senate voted Monday, 51 to 40, to end debate on Bianco’s nomination to the U.S. Court of Appeals for the Second Circuit with a confirmation vote likely Tuesday.
Consovoy McCarthy Park partner Michael Park is next in line for consideration to the Second Circuit as the Republican-led chamber shifts back to appeals nominees after confirming several Trump district court picks last week.
Republicans are proceeding with Bianco despite the objections of New York’s Democratic senators, Minority Leader Chuck Schumer and Kirsten Gillibrand, who’s a 2020 presidential candidate.
Republicans won’t allow objections from home-state senators to spike a nomination, which is a departure from Senate practice during the Obama administration.
Bianco was confirmed unanimously to the U.S. District Court for the Eastern District of New York in 2005, and was the target of an assassination plot by a former defendant that was foiled by an undercover police officer.
He was chief of the Southern District of New York’s organized crime and terrorism unit as an assistant U.S. attorney.
Bianco would be the 38th appeals court judge appointed by Trump, if confirmed.
Schumer has described the effort to confirm Bianco as “another partisan push by Senate Republicans for hard-right nominees to get lifetime appointments on the federal bench.”
Bianco has been a member of the Federalist Society, a legal organization of conservatives and libertarians, since 2004.
In 2005, Schumer strongly supported Bianco’s confirmation to the Eastern District of New York, based on the recommendation of his one-time chief counsel and later U.S. Attorney Preet Bharara.
“Preet’s recommendation is second to none as far as I am concerned,” Schumer said at Bianco’s confirmation hearing at the time.