Brooklyn Judges Appoint Joseph Nocella as EDNY U.S. Attorney

Brooklyn Judges Appoint Joseph Nocella as U.S. Attorney for Eastern District of New York

Brooklyn, NY – August 29, 2025 – Federal judges in Brooklyn have formally appointed Joseph Nocella Jr. as the U.S. Attorney for the Eastern District of New York (EDNY), solidifying his role after serving as interim U.S. Attorney since May 5, 2025. The appointment, announced on August 26, 2025, ensures Nocella can remain in the position for the duration of President Donald Trump’s second term, barring Senate confirmation of a new nominee. This move, which sidesteps opposition from Senator Chuck Schumer (D-NY), has sparked discussions about its implications for the EDNY, a prestigious office handling high-profile cases involving organized crime, drug cartels, and transnational repression. Below, we explore Nocella’s background, the circumstances of his appointment, and its broader significance.

Background and Appointment

Joseph Nocella Jr., 60, a former Nassau County Family Court Judge and longtime Long Island attorney, was nominated by President Trump in January 2025 to replace outgoing U.S. Attorney Breon Peace, who resigned on January 10, 2025. Nocella was sworn in as interim U.S. Attorney on May 5, 2025, by Chief District Judge Margo K. Brodie, under the authority of Attorney General Pamela Bondi, for a 120-day term set to expire on September 2, 2025.

The judges’ decision to appoint Nocella permanently came after Schumer vowed to block his Senate confirmation using the “blue slip” process, a Senate tradition requiring home-state senators’ approval for federal prosecutor nominations. Schumer’s opposition, rooted in concerns over Trump’s alleged intent to politicize the Justice Department, prompted the administration to bypass Senate confirmation by leveraging the court’s authority to appoint an interim U.S. Attorney indefinitely until a Senate-confirmed candidate emerges.

Nocella’s Background

Nocella brings a diverse legal career to the role, though his selection has surprised some observers due to his recent focus on local judicial and municipal work rather than federal prosecution. A graduate of Columbia Law School (1989) and Fordham University (1986), Nocella began his career as a law clerk to U.S. District Judge Lawrence M. McKenna in the Southern District of New York. From 1991 to 1995, he served as an Assistant U.S. Attorney in the EDNY’s Criminal Division, starting in the general crimes unit before moving to narcotics and organized crime, prosecuting cases involving drug trafficking, money laundering, and fraud.

After leaving the EDNY, Nocella spent over a decade in private practice in New York and Los Angeles (1989–1990, 1995–2010) and held various public service roles on Long Island, including Hempstead Town Attorney, Oyster Bay Town Attorney, Managing Attorney of the Nassau County Attorney’s Office, and Counsel to the Nassau County Executive. He served as a Nassau County District Court Judge from 2022 and was elected Family Court Judge in November 2024, roles that involved handling low-level criminal cases and family disputes.

Nocella’s deep ties to the Nassau County Republican Party, particularly with GOP leader Joseph Cairo, have drawn scrutiny. Critics, including some Democrats, argue his political connections and limited recent federal prosecutorial experience raise questions about his suitability for the EDNY’s high-stakes role. However, supporters like Nassau County Executive Bruce Blakeman praise Nocella’s “great integrity” and prosecutorial experience.

The EDNY’s Role and Nocella’s Priorities

The EDNY, covering Brooklyn, Queens, Staten Island, and Nassau and Suffolk Counties, is one of the nation’s largest and most influential U.S. Attorney’s offices, overseeing approximately 160 prosecutors and handling cases involving violent drug cartels, transnational repression, organized crime, and political corruption. Recent high-profile prosecutions include those of Mexican drug cartel figures, Indian billionaire Gautam Adani, former Rep. George Santos, and singer R. Kelly.

Nocella has pledged to focus on prosecuting “narcotics traffickers, gang members, terrorists, human traffickers, and other criminals” plaguing the district’s counties. His selection of Michael G. Considine, a former EDNY prosecutor with expertise in organized crime, as First Assistant U.S. Attorney on July 14, 2025, signals a commitment to leveraging experienced leadership to maintain the office’s reputation.

Avoiding Regional Turmoil

Unlike other federal districts, such as Manhattan, New Jersey, and Albany, where Trump’s U.S. Attorney appointments—Jay Clayton, Alina Habba, and John Sarcone, respectively—faced significant controversy, the EDNY has avoided similar turmoil. In New Jersey, a federal judge ruled Habba’s appointment illegal, causing delays in legal proceedings, while Manhattan saw high-profile firings, including that of Maurene Comey, daughter of former FBI Director James Comey. Nocella’s prior federal prosecutorial experience, though dated, and his relatively stable interim tenure have been cited as reasons for the EDNY’s smoother transition.

The EDNY’s importance to Trump’s agenda, particularly its focus on combating violent gangs like MS-13, may have contributed to the judges’ decision to avoid a political fight. Deputy Attorney General Todd Blanche, despite reportedly objecting to Nocella’s initial nomination due to his limited recent federal experience, has emphasized the office’s role in advancing key priorities.

Criticisms and Challenges

Nocella’s appointment has not been without controversy. Critics, including Schumer, argue that his selection reflects Trump’s intent to use the Justice Department for political purposes, citing Nocella’s GOP ties and lack of recent federal prosecutorial experience. A Newsday editorial urged Nocella to maintain independence from Trump and local GOP influences, particularly in investigations involving Long Island politics, to avoid perceptions of bias. Joseph Murray, attorney for former Rep. George Santos, expressed skepticism about Nocella’s local political ties, suggesting a preference for prosecutors with more recent federal experience.

Former EDNY officials, including Richard Donoghue and James D. Gatta, noted that Nocella faces a steep learning curve due to his decades-long absence from federal criminal law and unfamiliarity with the current office staff. “He’ll have a lot to catch up on,” Donoghue said, emphasizing the high-intensity environment of the EDNY. However, Seth DuCharme, a former acting EDNY U.S. Attorney, suggested Nocella’s varied experience, including his time as a local judge, could serve him well in managing the office’s diverse caseload.

Implications and Future Outlook

Nocella’s appointment ensures continuity in the EDNY, which serves eight million people and handles complex cases ranging from financial fraud to national security threats. His leadership will be tested as he navigates high-profile prosecutions, such as those involving Chinese government transnational repression and MS-13 gang activities, while maintaining the office’s reputation for excellence.

The appointment also highlights tensions between the Trump administration and Democratic lawmakers like Schumer, who view such moves as attempts to bypass Senate oversight. Posts on X reflect mixed sentiment, with some praising Nocella’s prosecutorial background and others echoing Schumer’s concerns about politicization, though these posts are inconclusive without broader evidence.

As Nocella settles into his role, his ability to maintain independence, leverage the EDNY’s experienced staff, and address modern challenges like cybercrime and international corruption will shape his tenure. With no high-profile firings reported in the EDNY, unlike in Manhattan, Nocella’s leadership may continue to stabilize the office, provided he navigates political pressures effectively.

Sources: The New York Times, The Washington Post, Bloomberg Law, Justice.gov, Long Island Press, Newsday, Law.com, Law360, Reuters, and posts on X.

By Satish Mehra

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