After recent confrontations with Justice Department officials in Washington, federal prosecutors in Manhattan have been anxiously wondering: What will Jay Clayton do?
Donald Trump has nominated Clayton to serve as the United States attorney for the Manhattan district. He would head a very influential and proudly autonomous prosecutor’s office if confirmed by the Senate.
Clayton has never been a prosecutor, thus the intentions of the rank-and-file prosecutors in the office are unclear. His opponents are worried that, instead of protecting the office’s autonomy, he is more likely to use his position to impose the Trump agenda dictated by the Department of Justice.
Clayton, 58 years old, is regarded as a personable, knowledgeable, and ethical attorney with impressive qualifications, albeit they do not pertain to criminal law. During the first Trump administration, he presided over the SEC without much controversy and actively advocated for inclusion, equity, and diversity initiatives while at the agency. He has since risen to the position of senior attorney in a nationally renowned legal company.
At first, he seemed like a good choice among Trump’s choices for law enforcement positions, and prosecutors in the Manhattan U.S. attorney’s office—officially known as the Southern District of New York—took a more lenient attitude.
However, some individuals at SDNY have lost faith in him due to recent events, and that’s before he’s even started working there. Sullivan & Cromwell, the law firm where Clayton is employed, has lately become very close to Trump after agreeing to appear on the president’s behalf in his appeal of his criminal conviction in the Manhattan hush money case. Attempts have been made by Clayton to appoint another attorney from the firm as his deputy U.S. attorney.
Additionally, Clayton has been silent on the matter that ignited a rebellion within the office last month: the decision by Trump’s DOJ to dismiss criminal charges against New York City Mayor Eric Adams. Requests for comment were not returned by Clayton. Four sources familiar with the situation, who requested anonymity in order to discuss private conversations, have said that word has been circulating among some former and current rank-and-file prosecutors that Clayton privately advised interim head of the office, Danielle Sassoon, to follow the order instead of resigning. No comments were made by Sassoon.
The office’s spokeswoman would not comment.
An anonymous former supervisor expressed growing concern among the office’s alumni about the diminishment of the firm’s once-proud tradition of independence and unwavering integrity, citing Mr. Clayton’s silence on current events and his firm’s latest client, President Trump. As a result of the new global order, “being on guard against interference” seems like a jest, and “decision-making” is governed by politics and retribution.
The workplace that sets the bar
Wall Street is overseen by the Manhattan U.S. attorney’s office, which is perhaps the most significant federal prosecuting office in the nation. The agency routinely prosecutes some of the largest white-collar criminal cases. Democrats Adams (up until recently), Republicans Menendez (N.J.), and Trump’s former “fixer” Michael Cohen are among the Democrats and Republicans that it has vigorously pursued in public corruption cases.
Even more crucially for Trump’s agenda, the post may facilitate his thirst for revenge against former courtroom opponents. Among the New York judges and prosecutors who Trump has demanded inquiries are Democrat Alvin Bragg of the Manhattan District Attorney’s office, who prosecuted the hush money case. The United States attorney’s office in Manhattan may launch such investigations.
Trump is cognizant of the office’s paramount importance. Amidst a rush of nominations to Cabinet positions, Trump announced Clayton’s candidacy last November, immediately following his electoral triumph. This was unique among U.S. attorney jobs; none of them were located outside of Washington, DC. (The nomination of Clayton is still awaiting action by the Senate.)
Relationship with a Trump opponent and Clayton’s DEI efforts
Clayton would bring extensive expertise in financial sector regulation, corporate governance, and mergers and acquisitions to the position. Ally Financial and Alibaba Group were among several that he oversaw during their first public offerings. His reputation at the SEC was built on his dedication to safeguarding individual investors.
Another thing he did that was very un-Trumpy: he was an advocate for equality, inclusiveness, and diversity. Under his second term in office, Trump has mandated the elimination of diversity, equity, and inclusion (DEI) offices across all federal departments and has criticized so-called DEI initiatives.
However, as stated in his biography on the Sullivan & Cromwell website, Clayton advocated for DEI throughout his tenure as head of the SEC.
According to the profile, “diversity, inclusion, and opportunity became a daily priority throughout the organization” under Mr. Clayton’s leadership.
Under Clayton’s leadership, the SEC’s diversity council was established, and the first “Diversity and Inclusion Strategic Plan” was drafted. A post for a “diversity and inclusion senior policy adviser” was also created by him.
Former Manhattan District Attorney Cy Vance, who was Trump’s adversary and who Bragg replaced, is lifelong friends with Clayton. Vance handled many criminal investigations against Trump. It was Bragg who helped get Trump convicted of 34 counts of corporate fraud in the hush money case, which involved paying porn star Stormy Daniels to keep her money hidden.
Democrat Vance praised Clayton, calling him a “rare bird in the legal community” and an esteemed member of the profession.
According to Vance, “he doesn’t do underhanded things, he’s not a backstabber.” He continued by saying, “it’s not a sign of weakness to him to ask questions.”
