President Trump is escalating his criticism of Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) for his unwillingness to overhaul the “blue slip” policy, which allows senators to block district court judge and U.S. attorney nominees from their home states. This move has further dismayed Senate Republicans, who believe the barbs are unwarranted and that Trump is making a strategic error.
Trump’s initial comments came on Sunday night when he declared that his “Constitutional Right” to appoint judges and U.S. attorneys “has been completely taken away from me.” He also pushed Grassley to allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to hell!”
The second barrage of attacks Trump has leveled against Grassley this summer, having panned him for refusing to budge on the issue last month. Senate Republicans, in both instances, decidedly did not rush to Trump’s side and instead gave the Iowa Republican backup. Trump said he would file a lawsuit to stop the use of blue slips in the Senate, arguing in the Oval Office he can only get U.S. attorneys whom Democrats approve.
The impetus for the latest attacks appears to stem from the inability to confirm Alina Habba to become U.S. attorney for New Jersey. Habba was part of Trump’s personal legal team and was named as acting U.S. attorney earlier this year for a term that lasted 120 days and nominated for the full-time post. A panel of judges denied her from continuing to serve and appointed Desiree Leigh Grace, her first assistant, to the interim position. Trump withdrew Habba’s nomination a day later.
Attorney General Pam Bondi proceeded to fire Grace from the post and appoint Habba in an attempt to keep her in the top role on an interim basis, but that maneuver is under intense scrutiny after a district judge declared that she is “not lawfully” holding the position.
Grassley continued to defend his use of the blue slip and said the Judiciary panel never received her paperwork for vetting. The 100-year old “blue slip” allows home state senators to have input on US attys and district court judges, which Republicans have been able to fill with conservatives.
