Jefferson County Prosecuting Attorney Matthew Harvey, seen here during a 2023 press conference with then-Attorney General Patrick Morrisey, will serve as the next U.S. Attorney for the Northern District of West Virginia. (File Photo)

CHARLESTON — Three West Virginians, including one current state senator and one former lawmaker, will take positions in the federal government months after the nominations by President Donald Trump as the federal government remains shut down.

In a 51-47 vote Tuesday evening, the U.S. Senate confirmed the nominations of 107 individuals that Trump submitted for various positions within the federal government. It was the second en bloc batch of nominees approved by the U.S. Senate since the Senate changed its rules. The Senate has now approved 298 Trump civilian nominees.

Among the individuals in the en bloc vote were three West Virginians: state Sen. Mike Stuart, R-Kanawha; Jefferson County Prosecuting Attorney Matthew Harvey; and former House Judiciary Committee chairman and Republican candidate for governor Moore Capito.

Trump nominated both Harvey and Capito as West Virginia’s two U.S. Attorneys on July 1, with Harvey nominated as U.S. Attorney for the Northern District of West Virginia, and Capito nominated for U.S. Attorney for the Southern District of West Virginia.

Harvey is in his third four-year term as Jefferson County Prosecuting Attorney, first taking office in 2017. Harvey has prior experience as an assistant prosecuting attorney in Berkeley and Kanawha counties. He also served as chairman of the West Virginia First Foundation, the private nonprofit organization charged with distributing part of the nearly $1 billion in opioid settlement funds. He resigned from the foundation in September.

“I am deeply honored by the trust placed in me by President Trump and the United States Senate, specifically Senator (Shelley Moore) Capito and Senator (Jim) Justice,” Harvey said in a statement Tuesday night. “This confirmation is not a personal achievement, but a solemn responsibility. I will work every day to uphold justice, protect our communities, and serve the people of West Virginia by standing with our law enforcement partners. Let’s get to work.”

Capito, the son of Sen. Capito, R-W.Va., is an attorney for Babst Calland in Charleston. He served four two-year terms in the House of Delegates and chaired the powerful House Judiciary Committee until resigning in 2023 to focus on the race for governor in the Republican primary. Capito came in second in a six-person primary, losing to current Gov. Patrick Morrisey, the former state attorney general. Moore Capito was not immediately available for comment Tuesday evening.

Both Justice, R-W.Va., and Sen. Capito, the fourth ranked member of the Senate Republican majority leadership, voted yes on the Senate confirmations resolution.

“West Virginians are fortunate to have two individuals of such high integrity and proven commitment to public service confirmed to serve as United States Attorneys,” Sen. Capito said in a statement Tuesday evening. “Both Matt Harvey and Moore Capito bring strong legal experience and a steadfast dedication to upholding the law and keeping our communities safe.

“As U.S. Attorneys, they will play a critical role in advancing justice, supporting law enforcement, and protecting the people of our great state,” Capito continued. “I was proud to vote to confirm both of them, and I look forward to working together to continue strengthening our state and advancing President Trump’s commitment to law and order.”

Also included in the large group of Trump appointees was the nomination of state Sen. Mike Stuart, R-Kanawha, as the general counsel for the U.S. Department of Health and Human Services (HHS) serving Secretary Robert F. Kennedy Jr.

Stuart, himself a former Trump-appointed U.S. Attorney for the Southern District of West Virginia, was elected to the state Senate in 2022 and named chairman of the Senate Judiciary Committee beginning in 2025. His four-year term is up in 2026. Trump nominated Stuart for HHS general counsel in February.

“FINALLY! CONFIRMED…after 238 days,” Stuart posted on social media. “Excited to help (Kennedy) and the dedicated people (at HHS) to continue historic work to Make America Great and Healthy Again!”

According to the West Virginia Constitution, those holding federal employment are not eligible to serve in the Legislature. But Stuart will not need to resign from his state Senate seat until Trump signs his appointment papers and he is formally sworn in to his new federal role. Morrisey will need to appoint a new state senator to serve the remainder of Stuart’s term.

“I am and remain a West Virginia state Senator despite being confirmed by the U.S. Senate as the next general counsel for the United States Department of Health and Human Services,” Stuart said. “The process is still not complete.”

Stuart has legal experience working at both major law firms in the state as well as starting his own legal practice in recent years. He lost a Republican primary in 2024 for state attorney general to former state auditor and current Attorney General J.B. McCuskey. Stuart chaired the Trump campaign in 2016 and was a former chairman of the West Virginia Republican Party.

“Mike Stuart brings a strong history of legal and governmental service in West Virginia – including his prior tenure as U.S. Attorney for the Southern District of West Virginia,” said Sen. Capito, chairwoman of the Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee. “As HHS’ lead appropriator, I look forward to working with him in his new role and am confident that he will serve with distinction, ensuring the agency operates with accountability, clarity, and respect for the law.”

In a separate statement, Justice praised the confirmations.

“This is a proud moment for the State of West Virginia,” Justice said. “Today, the Senate confirmed three exceptional public servants from our great state to serve in high-level federal roles. Michael Stuart, Moore Capito, and Matt Harvey are rock-solid leaders who represent the very best of our state. I thank my colleagues for voting to confirm them, and I am absolutely confident they will do a great job and make our state proud.”