N.J. senators haven’t yet talked with Trump admin about 3rd Circuit, U.S. Attorney openings

New Jersey’s two U.S. senators, Cory Booker and Andy Kim, say that they haven’t yet talked with Donald Trump’s White House about vacancies on the Third Circuit Court of Appeals and in the U.S. Attorney’s Office – two upcoming nomination battles that will have huge political and policy implications for New Jersey in the years to come.

Booker told the New Jersey Globe that he’s “looking forward to having conversations” with Trump’s administration about the two openings. And Kim, who has only been in the Senate for a couple of months, said that he’ll be looking to make sure that he and the more experienced Booker are in “lockstep” on whatever nominations Trump decides to put forward.

The position of U.S. Attorney has been open since Philip Sellinger, Biden’s pick for the job, stepped down on January 8, as is customary when a new president takes office; Vikas Khanna, Sellinger’s former deputy, is currently the acting U.S. Attorney. The New Jersey Globe reported on January 22 that State Sen. Doug Steinhardt (R-Lopatcong) would be Trump’s nominee to be the next U.S. Attorney, but nearly a month later the White House has still not officially announced his nomination.

Booker and Kim will likely start out skeptical of any Trump nominee to the office, given their heavy criticism of what they say are lawless actions taken by Trump administration officials already in place, but Booker noted that he’s been proven wrong once before.

“I said publicly before that the last U.S. Attorney for New Jersey under Trump, [Craig Carpenito] – who I voted against – was somebody that turned out to be pretty amazing for public safety issues,” Booker said. “I publicly said I got it wrong. So I will look with an open mind. The most important thing, for me, for U.S. Attorney is keeping New Jersey safe, and that’s how I’m going to evaluate it.”

As for the Third Circuit judgeship, the fact that the seat is vacant at all is a reminder of an embarrassing failure during the final year of Joe Biden’s administration. Biden nominated attorney Adeel Mangi to the appeals court in late 2023, but he faced opposition from all Republican senators and a critical handful of Democrats; after more than a year in limbo, Biden and Booker finally had to admit defeat on the nomination, and there wasn’t enough time left to put forward someone else in his stead.

Any Trump nominee to the court, which has jurisdiction over New Jersey, Delaware, Pennsylvania, and the U.S. Virgin Islands, will shift its ideological balance towards Republicans; the court currently has six Democratic appointees, six Republican appointees, and two vacancies. That raises the stakes considerably for Booker and Kim if and when they begin talking with the Trump administration about who might fill the seat.

“It’s very important that we have a judge that reflects our state,” Booker said. “Our state has always had pragmatic, moderate judges from both parties. I’m very concerned if there is an unqualified ideologue that doesn’t reflect the bar of New Jersey.”

Trump doesn’t necessarily have an obligation to listen to New Jersey’s senators, though, even if they oppose his choice. In 2019, the Senate confirmed Trump nominee Paul Matey to a New Jersey-based seat on the Third Circuit despite fierce objections from Booker and then-Senator Bob Menendez in a remarkable snubbing of the Senate’s usual deference to home-state senators; the two senators said Trump did not consult with them before naming Matey to the post.

“[Republicans] seem to be intent on dismantling the century-old process for vetting of judicial nominees … taking it apart piece by piece, whatever it takes to push through these nominees,” Booker said at the time.

Kim – who, unlike Booker, has never been through a judicial confirmation battle before – said that he is willing to work with nominees he believes to be independent and impartial, but considering the actions of the Trump administration so far he didn’t exactly sound optimistic about the prospect.

“It’s going to be a very high threshold,” Kim said. “If nominees are put forward that I believe are independent, have the qualifications to be able to do this work, and I believe are using the Constitution as their guide in that capacity, I’m open to those conversations. I’m open to engaging.”