Massachusetts US Attorney Joshua Levy no longer ‘acting’
U.S. Attorney Joshua Levy no longer has “acting” as part of his title.
Levy has served as the acting U.S. Attorney for Massachusetts since his predecessor Rachael Rollins resigned in May 2023 amid two federal probes into public corruption activities.
President Biden that October “humbled and honored” Levy by nominating him for the full U.S. Attorney job. But after 13 months as nominee, the U.S. Senate never took up the confirmation process and Levy maintained the title of “acting U.S. Attorney.”
That was until Nov. 25, when Attorney General Merrick Garland appointed Levy as U.S. Attorney for Massachusetts. The change was noted quietly in Levy’s official biography but was not announced with a statement. The bio also notes that Biden’s nomination is “pending Senate confirmation.”
A Herald request for comment to Levy’s office was not returned Tuesday. Likewise, requests for comment to the U.S. Department of Justice on the appointment and process and to Massachusetts Sens. Elizabeth Warren and Ed Markey on the status of the confirmation process were also not returned Tuesday.
Federal law states that “The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.”
The law states elsewhere that “the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant” as long as that appointee is not a nominee who failed the Senate confirmation process. That appointment will last for the shorter of either 120 days or until the President’s nominee is confirmed.
President-elect Donald Trump is set to take office on Jan. 20 and with a new administration comes new U.S. Attorney nominees. It is unknown whether Trump will continue with Levy as his nominee for the office.
Biden nominated Rollins on July 26, 2021. That December, Rollins squeaked through the confirmation process when Vice President Kamala Harris cast a tie-breaking vote. Less than a year and a half later, she resigned.
Levy said in May that the priorities of his office in his first year were human trafficking, major fraud and the opioid crisis. Since that time his office has made headlines with busts including a sex trafficking ring operating in Greater Boston and the Washington D.C. suburbs in Virginia as well as numerous gang and fentanyl trafficking operations.
The office also successfully prosecuted military secrets leaker Jack Teixeira, probed the state investigation into Karen Read and arrested Stoughton cop Matthew Farwell, who they allege killed Sandra Birchmore, who prosecutors say he groomed starting when she was minor.