Capito, Stuart And Harvey Approved For Federal Positions

Updated Oct. 8, 2025 at 2 p.m.

Senate President Randy E. Smith (R-Preston) sent out a statement announcing that Sen. Mike Stuart, R-Kanawha, has submitted his formal resignation from the state Senate as of 12:01 a.m. Oct. 9, 2025.

The provisions of West Virginia Code relating to vacancies in the Legislature can be found here (West Virginia Code §3-10-5): https://code.wvlegislature.gov/3-10-5/.

“On behalf of my fellow members, I want to congratulate Senator Mike Stuart for his confirmation today to become the next General Counsel for the Department of Health and Human Services. Mike has worked tirelessly for the Seventh District and the people of West Virginia, and I know that work will continue as he moves on to serve the Trump Administration in Washington. We wish him the best of luck as he takes on this new challenge,” Smith said.

Original Story

Former Del. Alfred Arch Moore Capito, R-Kanawha, prosecutor Matt Harvey, R-Jefferson, and state Sen. Mike Stuart, R-Kanawha, have all been approved by the U.S. Senate for the new federal positions they were nominated for by the Trump administration. 

Stuart will now become the general counsel to the U.S. Department of Health and Human Services (HHS). He will work directly for HHS Secretary Robert F. Kennedy, Jr. Stuart was the U.S. attorney for the Southern District of West Virginia during President Donald Trump’s first term. He ran successfully for the state Senate representing Kanawha County in 2024. He will resign from his seat of the chair of the Senate Judiciary Committee. 

Capito will take the position of the U.S. attorney for the Southern District of West Virginia. He served in the West Virginia House of Delegates from 2016 to 2023 and was the chair of the House Judiciary Committee. Capito was a candidate for governor of West Virginia in the state’s 2024 gubernatorial election but was defeated by Patrick Morrisey in the Republican primary. His grandfather was former three-term governor Arch A. Moore and his mother is U.S. Sen. Shelley Moore Capito. 

Harvey will take the position of the U.S. attorney for the Northern District of West Virginia. Most recently he served as the chairman of the West Virginia First Foundation, the authority in charge of distributing opioid settlement funds and was the prosecuting attorney in Jefferson County.

Both of West Virginia’s senators voted to approve the nominations. Senate Resolution 412 included more than 100 nominations and they were all approved together. 

“This is a proud moment for the state of West Virginia. 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,” said Sen. Jim Justice.

Sen. Capito released separate statements in praise of all three men.

“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. 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,” Capito said. “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. 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. 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.”