Senate Blocks U.S. Attorney Confirmations Amid Criticism of ‘Blue Slip’ Tradition

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Former U.S. Attorney for the District of Columbia Joe diGenova and former Department of Justice official Victoria Toensing have expressed outrage that U.S. attorneys are not being confirmed by the Senate.

Toensing described the situation as “disgusting,” stating that only three U.S. attorneys have been confirmed by the Senate in contrast to President Biden’s 31 confirmations. She noted that Senate Majority Leader John Thune, who holds 53 votes, should declare he and his colleagues would not return home for Christmas or New Year’s until these appointments are finalized.

President Donald Trump criticized Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, for adhering to the Senate’s “blue slip” tradition—which permits home-state senators to block prosecutorial nominees from advancing. The practice has drawn Republican scrutiny after Alina Habba was appointed acting U.S. attorney for New Jersey in March. However, both Democratic senators representing New Jersey indicated they would block her confirmation, leading to her resignation this week.

Trump asserted that even if he nominated historical figures such as George Washington or Abraham Lincoln as U.S. attorneys, Democratic senators would refuse approval. He stated, “This is a gentleman’s agreement that’s lasted for too long. I hope somebody speaks to Senator Grassley about doing something about the blue slip.” Trump emphasized that his nominees possess “the best education and legal credentials,” but Democratic senators consistently object to their confirmation.