Donald Trump made a move over the weekend that predictably raised some eyebrows in legal and political circles. He announced he would appoint one of his personal lawyers to serve as the U.S. Attorney for the Southern District of New York, one of the most coveted prosecutorial posts in the entire Justice Department.
James M. McDonald, a partner at Sullivan & Cromwell, is currently part of the legal team handling Trump’s pending appeal of felony convictions in New York related to hush money payments to adult film actor Stormy Daniels. That’s the same case that made Trump the first former U.S. president convicted of a felony. Now, if confirmed, McDonald would step into a role that oversees some of the most significant cases in the country, from terrorism and espionage to securities fraud and public corruption.
The timing is notable. McDonald would replace Jay Clayton, whom Trump this week nominated to be director of national intelligence. So essentially, Trump is moving someone from his personal legal defense team into one of the most powerful law enforcement positions in the country. Not exactly the kind of appointment that promotes confidence in the independence of the Justice Department.
McDonald certainly has the credentials. He’s a former federal prosecutor in the Southern District itself, served as director of enforcement at the Commodity Futures Trading Commission during Trump’s first term, and worked in the White House counsel’s office under George W. Bush. He’s also the lawyer who recently helped secure a favorable outcome for Indian billionaire Gautam Adani when the Justice Department dropped a fraud and conspiracy case that had been brought under the Biden administration.
Trump’s announcement came as Congress was increasing pressure to name a permanent replacement for Tulsi Gabbard, who resigned as national intelligence director last month. The President faced pushback over his decision to name Bill Pulte as acting director, so perhaps this appointment is meant to change the subject.
The Southern District of New York has long been considered one of the most independent and prestigious U.S. Attorney’s offices in the country. Putting someone with this close relationship to Trump in charge raises obvious questions about whether that independence will be maintained. The office welcomed the choice through a spokesperson, with Nicholas Biase saying McDonald is widely respected. But respect in legal circles and actual independence from the White House are two very different things.
This is exactly the kind of appointment that makes legal watchdogs nervous, and rightfully so.
