Trump Nominates Colin McDonald to Lead New White House-Controlled Fraud Division

On January 8, 2026, the Trump administration announced the creation of a new Department of Justice division: the National Fraud Enforcement Division (NFED). The announcement came from the White House (not from the Department of Justice), signaling direct executive control.

On January 28, 2026, President Trump announced his nomination of CMColin McDonald to be the inaugural Assistant Attorney General for National Fraud Enforcement, subject to Senate confirmation.

The organizational structure is unprecedented and constitutionally novel: Unlike all other Assistant Attorneys General, the NFED's leadership will report directly to the White House (specifically to Trump and Vice President Vance) rather than following the standard DOJ chain of command through the Attorney General.

McDonald's background: He served for approximately a decade (2014-2024) as a federal prosecutor in the U.S. Attorney's Office for the Southern District of 🌴California and 🌺Hawaii. His most prominent case involved prosecuting former Honolulu Police Chief Louis Kealoha for public corruption.

Constitutional scholars have raised serious concerns about the structure. The key issue: Does the creation of an additional Assistant Attorney General position require Congressional authorization? 28 U.S.C. § 506 specifies that the president shall appoint, with Senate consent, 11 Assistant Attorneys General—a statutory cap.

Legal experts also raise structural separation-of-powers concerns. Federal prosecutors have traditionally operated with degrees of institutional independence from direct White House control to prevent politicization of criminal investigations and prosecutions.

The Trump administration and Senate Republican leadership (SMSenate Majority Leader John Thune) have committed to swift confirmation of McDonald's nomination. However, Senate Democrats and civil rights organizations are likely to oppose the structure on separation-of-powers grounds.