Philadelphia U.S. Attorney nominee’s confirmation delayed by Democratic senator

President Donald Trump's choice for U.S. Attorney for the Eastern District of Pennsylvania is one of 10 federal prosecutor nominees whose confirmations were delayed Wednesday when a senior Democratic lawmaker objected.

David Metcalf has been serving in the role under an interim appointment by Attorney General Pam Bondi that was extended indefinitely in June. Trump nominated Metcalf in March for the top federal law enforcement position covering Philadelphia and nine surrounding counties.

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Meanwhile, the Trump administration on Wednesday announced the nomination of Brian David Miller to serve as U.S. Attorney for the Middle District of Pennsylvania. Miller served as special inspector general for pandemic recovery during Trump's first term and General Services Administration Inspector General during the George W. Bush administration.

Trump has yet to announce a nominee for U.S. Attorney in the Western District of Pennsylvania.

During Senate proceedings Wednesday, Judiciary Committee Chair Chuck Grassley, R-Iowa, called for unanimous consent to approve the 10 U.S. attorney nominees, which would bypass the requirement for roll-call votes.

The committee's ranking Democrat, Sen. Dick Durbin, D-Ill, objected to Grassley's request, preventing the voice vote. Grassley's office said in a statement that Durbin cited precedent in then-Sen. J.D. Vance's, R-Ohio, hold on a limited number of U.S. attorney nominees during the Biden administration.

In a statement on the Senate floor, Durbin noted the history of blocking judicial and U.S. attorney nominations by both parties in the Senate, recalling Republicans refused to consider President Barack Obama's choice to replace Supreme Court Justice Antonin Scalia in 2016.

And in 2023, Vance announced he intended to place a blanket hold on all Justice Department nominees to "grind it to a halt," Durbin said. As a result, Biden was able to fill only 68 of 93 U.S. Attorney positions.

"I appreciate, Mr. Chairman, that you did not agree with Senator Vance's actions back then, and I don't believe you do now, but we can't have one set of rules for Republican presidents and another for Democratic presidents," Durbin said.

The statement from Grassley's office said Durbin's objection is a break from tradition and deprives the communities that the nominees would serve of law enforcement leadership.

Metcalf, who was previously an assistant U.S. attorney in Philadelphia, has overseen dozens of criminal and civil cases this year in his interim role. They include an indictment announced Wednesday accusing a Lancaster County businessman of running a massive Ponzi scheme that defrauded investors in an ATM company of $770 million.

Grassley's office said in a statement Durbin's objection would force the Senate to use hours of floor time to process the nominations and deny the 10 communities the nominees' service. It added that 94% of President Joe Biden's U.S. attorney nominations were approved by a voice vote, while none have received unanimous approval during the second Trump administration.

Metcalf began his career in the Department of Justice as an assistant U.S. attorney in Maryland prosecuting organized crime, narcotics and violent crime. He also served as a top aide to Justice Department officials, including the U.S. attorney general, supervising and advising on major criminal prosecutions.

The U.S. Attorney's Office for the Eastern District of Pennsylvania covers Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton and Philadelphia counties. It has a staff of about 300, including 140 assistant U.S. attorneys.

Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com.