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Edited by: Fern Sidman
President-elect Donald Trump announced on Thursday his intention to replace Damian Williams, the U.S. Attorney for the Southern District of New York (SDNY), with Jay Clayton, his former chairman of the Securities and Exchange Commission (SEC). According to a report on Thursday in The New York Daily News, the proposed transition, disclosed via a post on Trump’s Truth Social platform, comes as Williams is leading several high-stakes prosecutions, including cases involving public corruption, sex trafficking, and campaign finance violations.
Trump’s pick for the influential SDNY position, Jay Clayton, previously served as the SEC chairman from 2017 to 2020 during Trump’s presidency. Clayton is currently a senior advisor and attorney at the prestigious Manhattan law firm Sullivan & Cromwell. In his announcement, Trump described Clayton as a “highly respected business leader, counsel, and public servant,” adding, “Jay is going to be a strong Fighter for the Truth.”
The nomination has stirred speculation about its implications for ongoing high-profile cases, though neither Williams nor his office has commented on the announcement or his potential departure, The New York Daily News noted.
As The New York Daily News report highlighted, Damian Williams has overseen a string of significant cases since his appointment by President Joe Biden in 2021. Williams made history as the first Black American to lead the SDNY and, at 41, one of the youngest to ever hold the role. During his tenure, the SDNY secured notable convictions, including, Sam Bankman-Fried, the fallen crypto mogul behind the FTX scandal, Bill Hwang, founder of Archegos Capital, for financial misconduct, and Guo Wengui, a controversial exiled Chinese tycoon and close associate of Steve Bannon.
Williams has also prioritized tackling public corruption, securing a conviction against New Jersey Democratic Senator Bob Menendez earlier this year. Under his leadership, the SDNY is currently pursuing a major bribery and corruption case involving New York City Mayor Eric Adams, as well as other investigations tied to City Hall.
Trump’s proposal to replace Williams with Clayton has raised questions about the future of these cases, particularly the Adams investigation. While The New York Daily News report noted that Trump previously expressed support for Adams, it remains unclear how a leadership change might affect ongoing prosecutions.
Trump’s comments about Adams during the Al Smith charity dinner have fueled speculation about the potential impact of Williams’ removal on the case against the mayor, as was indicated in The NY Daily News report. Referring to the charges, Trump told Adams, “We were persecuted, Eric. You’re gonna win, Eric.” Adams, who has pleaded not guilty to the allegations, faced criticism from his fellow Democrats ahead of the election for remarks about Trump that appeared to deviate from the party’s stance.
Responding to the nomination of Clayton, Adams’ spokeswoman Kayla Mamelak told The New York Daily News: “As Mayor Adams has said, every elected leader has a right to nominate and appoint the people they see best fit to serve. President-elect Trump is no different.”
Clayton’s nomination is not without controversy. As The New York Daily News reported, his tenure as SEC chairman was marked by a deregulatory agenda that drew both praise and criticism. Known for his strong connections to Wall Street, Clayton is viewed by many as a business-friendly figure, potentially signaling a shift in SDNY’s focus away from public corruption and toward other priorities.
Clayton, 58, is currently a board member of Apollo Global Management, one of the largest asset management firms in the world. His nomination is controversial, primarily because, as The NY Daily News report pointed out, Clayton has no experience in criminal prosecutions. Trump’s previous attempt to install Clayton as head of the SDNY in 2020 faced significant backlash and ultimately failed.
In that earlier episode, former Attorney General Bill Barr attempted to force the resignation of then-U.S. Attorney Geoffrey Berman, who was investigating Trump allies, including Rudy Giuliani. The report in The NY Daily News revealed that Berman refused to step down, citing Clayton’s lack of prosecutorial experience as a key objection. The standoff ended with Trump dismissing Berman and appointing his deputy, Audrey Strauss, as acting U.S. Attorney, sidestepping Clayton’s confirmation battle.
Clayton now faces a Senate confirmation process likely to scrutinize his qualifications and independence, particularly given the SDNY’s reputation for handling politically sensitive cases.
The SDNY, often referred to as the “Sovereign District of New York,” holds a unique position as one of the most powerful and independent federal prosecutor’s offices in the country. Leadership changes in this office have historically had far-reaching implications, not only for high-profile cases but also for national legal and political landscapes.
Clayton’s nomination comes amid Trump’s broader efforts to reshape the DOJ. According to the information provided in The NY Daily News report, Trump has announced several controversial appointments, including Florida Congressman Matt Gaetz as his pick for attorney general. Gaetz, a staunch ally of Trump, has already sent shockwaves through the DOJ, which brought two indictments against Trump following his first term in office.
Additionally, Trump has selected Todd Blanche and Emil Bove, the attorneys who represented him in his Manhattan hush-money case, to serve as deputy attorney general and principal associate deputy attorney general, respectively, as per the information contained in The New York Daily News report. These appointments reinforce Trump’s stated goal of overhauling the DOJ and filling it with loyalists, raising alarms about the politicization of federal law enforcement.
As The NY Daily News report recounts, this is not the first time the SDNY has been at the center of Trump’s tensions with the DOJ. In his memoir, “Holding the Line: Inside the Nation’s Preeminent U.S. Attorney’s Office and Its Battle with the Trump Justice Department,” former U.S. Attorney Geoffrey Berman detailed how Trump’s DOJ attempted to politicize the office. Berman described receiving directives to “even things out” after the SDNY prosecuted Trump’s former fixer, Michael Cohen.
“Trump’s Justice Department kept demanding that I use my office to aid them politically, and I kept declining – in ways just tactful enough to keep me from being fired,” Berman wrote. “I walked this tightrope for two and a half years. Eventually, the rope snapped.”
These revelations draw attention to longstanding concerns about Trump’s use of the DOJ as a political tool and raise questions about how Clayton’s potential leadership might impact the SDNY’s storied independence.
If confirmed, Clayton would oversee an office handling some of the most politically sensitive and complex cases in the country. As The NY Daily News report indicated, this includes ongoing public corruption investigations and cases involving financial misconduct. Critics expressed concern that Clayton’s corporate background and close ties to Trump could jeopardize the office’s ability to pursue cases impartially.
The confirmation process will likely bring these concerns to the forefront, with Senate hearings expected to delve into Clayton’s qualifications and his ability to maintain the SDNY’s reputation as a fiercely independent and apolitical institution.
