NEW YORK (AP) — President Donald Trump’s pick to be the top federal prosecutor in Manhattan will get to stay in the job, even though he hasn’t been confirmed by the U.S. Senate, after a group of judges voted Monday to allow him to continue in the position.
The judges’ decision to approve Jay Clayton as the U.S. attorney for the Southern District of New York is a victory for the Trump administration, which has resorted to unorthodox maneuvers to keep some of the president’s other nominees for U.S. attorneys in place after they failed to advance in the Senate.
The outcome was announced in a release by Southern District Executive Edward Friedland. It said Clayton will serve as U.S. attorney unless someone else is nominated by Trump and approved by the Senate.
Clayton, who served as chairman of the Securities and Exchange Commission between 2017 and 2020, has deep-rooted Wall Street ties and over two decades of experience at a prominent international law firm, although he never was a prosecutor before taking the position four months ago.
In a statement, Clayton said: “I am honored to continue serving the people of New York together with the talented and hardworking women and men of the Office.”
The approval came after several other U.S. attorneys across the country who were appointed by the Trump administration were unable to gain the approval of judges in their districts.
The Manhattan prosecutor’s office has undergone turmoil in recent months after several prosecutors, including then interim U.S. Attorney Danielle Sassoon, resigned after refusing to carry out orders from the Justice Department to drop corruption charges against Mayor Eric Adams. The case was eventually dropped after prosecutors from Washington submitted a request to a judge.
Another assistant U.S. attorney, Maurene Comey, was recently fired shortly after she handled the bulk of duties in the trial of hip-hop producer Sean “Diddy” Combs. He was acquitted of the most serious racketeering conspiracy and sex trafficking charges, though he remains jailed and awaiting sentencing for his conviction on prostitution-related charges.
Clayton has maintained a relatively low profile while heading an office of prosecutors long known for its independence from Washington.
The decision on Clayton came after judges in several other federal jurisdictions across the country rejected the person chosen by the Trump administration as U.S. attorney, causing the administration to employ other legal maneuvers to keep its pick in place.
The administration’s appointments normally would face Senate approval, but Democratic senators in their home states can block the usual process, as several have done. That lets the appointed top prosecutor serve 120 days before the district’s federal judges decide whether the individual can remain in the post. The judges can also appoint a successor.
In the past, it was considered rare for judges to reject the appointed top prosecutor in their district, but several rejections have occurred this year.
In the Northern District of New York, which encompasses 32 counties in upstate New York and includes the cities of Albany, Binghamton and Syracuse, judges rejected the appointment of John A. Sarcone III. The administration then appointed him as the special attorney to the attorney general, enabling him to continue in his role as U.S. attorney even though he doesn’t directly carry that title.
In New Jersey, federal judges rejected the appointment of former Trump defense attorney Alina Habba, choosing an interim top federal prosecutor in the state instead. Attorney General Pam Bondi responded by firing the judges’ chosen successor and reinstalling Habba as acting U.S. attorney.
Habba’s tenure still faces uncertainty, though, after a lawsuit challenging the legality of the administration’s move to keep her in place awaited a ruling this week by a Pennsylvania federal judge. The Justice Department says the president is entitled to name the person he wants to the position.
Unlike Clayton, who has remained relatively controversy-free in the runup to the judges’ vote, Sarcone and Habba attracted headlines during their tenures.
In June, Sarcone said he was attacked by a knife-wielding man from El Salvador outside an Albany hotel. The man, who lacked documentation to be in the country, was initially charged with attempted second-degree murder, but prosecutors downgraded the charge after reviewing video surveillance footage and the man pleaded guilty to menacing.
Habba brought a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption when U.S. Rep. LaMonica McIver was charged with assault for allegedly making physical contact with law enforcement officials when Newark’s mayor was arrested during a chaotic visit to a privately operated immigration detention center. McIver denied assaulting anyone.
Habba has also launched an investigation into New Jersey’s Democratic governor, Phil Murphy, and attorney general, Matt Platkin, over the state’s directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement.
The administration has run into similar troubles elsewhere in the country.
Two others who have been able to remain serving in roles as top federal prosecutors without approval from the Senate or judges in their districts are Bilal “Bill” Essayli in Los Angeles and Sigal Chattah in Nevada.
Associated Press writer Mike Catalini contributed to this report.
FILE - Acting U.S. Attorney for the Southern District of New York Jay Clayton exits court on Monday, May 19, 2025. (AP Photo/Ted Shaffrey,File)
NUUK, Greenland (AP) — Troops from several European countries continued to arrive in Greenland on Thursday in a show of support for Denmark as talks between representatives of Denmark, Greenland and the U.S. highlighted “fundamental disagreement” over the future of the Arctic island.
Denmark announced it would increase its military presence in Greenland on Wednesday as foreign ministers from Denmark and Greenland were preparing to meet with White House representatives in Washington. Several European partners — including France, Germany, the U.K., Norway, Sweden and the Netherlands — started sending symbolic numbers of troops already on Wednesday or promised to do so in the following days.
The troop movements were intended to portray unity among Europeans and send a signal to President Donald Trump that an American takeover of Greenland is not necessary as NATO together can safeguard the security of the Arctic region amid rising Russian and Chinese interest.
“The first French military elements are already en route” and “others will follow,” French President Emmanuel Macron announced Wednesday, as French authorities said about 15 soldiers from the mountain infantry unit were already in Nuuk for a military exercise.
Germany will deploy a reconnaissance team of 13 personnel to Greenland on Thursday, the Defense Ministry said.
On Thursday, Danish Defense Minister Troels Lund Poulsen said the intention was “to establish a more permanent military presence with a larger Danish contribution,” according to Danish broadcaster DR. He said soldiers from several NATO countries will be in Greenland on a rotation system.
Danish Foreign Minister Lars Løkke Rasmussen, flanked by his Greenlandic counterpart Vivian Motzfeldt, said Wednesday that a “fundamental disagreement” over Greenland remains with Trump after they held highly anticipated talks at the White House with Vice President JD Vance and Secretary of State Marco Rubio.
Rasmussen added that it remains “clear that the president has this wish of conquering over Greenland” but that dialogue with the U.S. would continue at a high level over the following weeks.
Inhabitants of Greenland and Denmark reacted with anxiety but also some relief that negotiations with the U.S. would go on and European support was becoming visible.
Greenland's Prime Minister Jens-Frederik Nielsen welcomed the continuation of “dialogue and diplomacy.”
“Greenland is not for sale,” he said Thursday. “Greenland does not want to be owned by the United States. Greenland does not want to be governed from the United States. Greenland does not want to be part of the United States.”
In Greenland’s capital, Nuuk, local residents told The Associated Press they were glad the first meeting between Greenlandic, Danish and American officials had taken place but suggested it left more questions than answers.
Several people said they viewed Denmark’s decision to send more troops, and promises of support from other NATO allies, as protection against possible U.S. military action. But European military officials have not suggested the goal is to deter a U.S. move against the island.
Maya Martinsen, 21, said it was “comforting to know that the Nordic countries are sending reinforcements” because Greenland is a part of Denmark and NATO.
The dispute, she said, is not about “national security” but rather about “the oils and minerals that we have that are untouched.”
On Wednesday, Poulsen announced a stepped-up military presence in the Arctic “in close cooperation with our allies,” calling it a necessity in a security environment in which “no one can predict what will happen tomorrow.”
“This means that from today and in the coming time there will be an increased military presence in and around Greenland of aircraft, ships and soldiers, including from other NATO allies,” Poulsen said.
Asked whether the European troop movements were coordinated with NATO or what role the U.S.-led military alliance might play in the exercises, NATO referred all questions to the Danish authorities. However, NATO is currently studying ways to bolster security in the Arctic.
The Russian embassy in Brussels on Thursday lambasted what it called the West's “bellicose plans” in response to “phantom threats that they generate themselves”. It said the planned military actions were part of an “anti-Russian and anti-Chinese agenda” by NATO.
“Russia has consistently maintained that the Arctic should remain a territory of peace, dialogue and equal cooperation," the embassy said.
Rasmussen announced the creation of a working group with the Americans to discuss ways to work through differences.
“The group, in our view, should focus on how to address the American security concerns, while at the same time respecting the red lines of the Kingdom of Denmark,” he said.
Commenting on the outcome of the Washington meeting on Thursday, Poulsen said the working group was “better than no working group” and “a step in the right direction.” He added nevertheless that the dialogue with the U.S. did not mean “the danger has passed.”
Speaking on Thursday, Danish Prime Minister Mette Frederiksen said the American ambition to take over Greenland remains intact despite the Washington meeting, but she welcomed the creation of the working group.
The most important thing for Greenlanders is that they were directly represented at the meeting in the White House and that “the diplomatic dialogue has begun now,” Juno Berthelsen, a lawmaker for the pro-independence Naleraq opposition party, told AP.
A relationship with the U.S. is beneficial for Greenlanders and Americans and is “vital to the security and stability of the Arctic and the Western Alliance,” Berthelsen said. He suggested the U.S. could be involved in the creation of a coast guard for Greenland, providing funding and creating jobs for local people who can help to patrol the Arctic.
Line McGee, 38, from Copenhagen, told AP that she was glad to see some diplomatic progress. “I don’t think the threat has gone away,” she said. “But I feel slightly better than I did yesterday.”
Trump, in his Oval Office meeting with reporters, said: “We’ll see how it all works out. I think something will work out.”
Niemann reported from Copenhagen, Denmark, and Ciobanu from Warsaw, Poland.
Denmark's Foreign Minister Lars Løkke Rasmussen and Greenland's Foreign Minister Vivian Motzfeldt speak at a news conference at the Embassy of Denmark, Wednesday, Jan. 14, 2026, in Washington. (AP Photo/John McDonnell)
People walk on a street in Nuuk, Greenland, Wednesday, Jan. 14, 2026. (AP Photo/Evgeniy Maloletka)
From center to right, Greenland Foreign Minister Vivian Motzfeldt, Denmark's Ambassador Jesper Møller Sørensen, rear, and Danish Foreign Minister Lars Løkke Rasmussen, right, arrive on Capitol Hill to meet with senators from the Arctic Caucus, in Washington, Wednesday, Jan. 14, 2026. (AP Photo/J. Scott Applewhite)
An Airbus A400M transport aircraft of the German Air Force taxis over the grounds at Wunstorf Air Base in the Hanover region, Germany, Thursday, Jan. 15, 2026 as troops from NATO countries, including France and Germany, are arriving in Greenland to boost security. (Moritz Frankenberg/dpa via AP)
Fishermen load fishing lines into a boat in the harbor of Nuuk, Greenland, Wednesday, Jan. 14, 2026. (AP Photo/Evgeniy Maloletka)
Greenland Foreign Minister Vivian Motzfeldt, left, and Danish Foreign Minister Lars Løkke Rasmussen, arrive on Capitol Hill to meet with members of the Senate Arctic Caucus, in Washington, Wednesday, Jan. 14, 2026. (AP Photo/J. Scott Applewhite)
