President Donald Trump nominated Justin Herdman, the U.S. Attorney in Cleveland, to be D.C.’s top federal prosecutor on Monday. He’s set to replace Timothy Shea, who was installed in late January under the “interim” tag and has had a very rocky four-month-long tenure. The news was first reported by CNN.
Shea’s time as the United States Attorney of D.C. was marked by his controversial handling of highly visible cases involving Trump advisor Roger Stone and former national security adviser Michael Flynn. Both were wracked with claims of political manipulation and inappropriate influence, and saw other prosecutors quit their jobs in protest. In the case of Stone, Shea revised harsher sentencing recommendations in favor of a lighter punishment a day later. More recently, he moved to have Flynn’s charges dropped, a highly unusual move for a defendant who pleaded guilty in court.
Shea was previously a senior counselor in Attorney General William Barr’s office and reportedly a close confidant of Barr. By law, Shea’s tenure as interim U.S. attorney was initially limited to 120 days, but the term could have been extended with the U.S. District Court in D.C.’s consent. CNN reports that judges in D.C. were unlikely to do so.
Shea himself was tagged earlier this year to replace Jesse Liu, who was slated to move over to the Treasury Department to be the undersecretary for terrorism and financial crimes. Ultimately, Trump pulled her nomination from the Treasury post, a decision reportedly tied to her handling of cases while serving as D.C.’s top prosecutor. Her tenure in D.C. lasted nearly two and a half years. She faced local criticism over her handling of hate crime prosecutions, and also took on more D.C. gun cases as part of a policy shift in concert with Mayor Muriel Bowser.
The U.S. Attorney’s Office for the District of Columbia is the largest in the country with more than 300 prosecutors. Unlike other USAO offices, it oversees prosecution for local crimes in addition to federal cases. Additionally, the federal cases it handles include those defending the federal government or dealing with public corruption. Among its notable recent cases include those referred by the former special prosecutor Robert Mueller (including the Flynn case) and the grand jury investigation into former FBI Director Andrew McCabe.
Since 2017, Herdman has been the U.S. Attorney for the Northern District of Ohio and was previously also an Assistant District Attorney in New York City. While he’s the pick of a Republican administration, he’s been praised in the past by both sides of the aisle. In 2017, when he was nominated to the Ohio post, both of the state’s senators—Republican Rob Portman and Democrat Sherrod Brown—complimented Herdman in a joint press release.
The United States Senate still needs to confirm Herdman’s appointment.
Matt Blitz