On Tuesday, the Senate narrowly confirmed Emil Bove, a former attorney for Donald Trump, as a judge on the 3rd U.S. Circuit Court of Appeals. The confirmation, decided by a 50-49 vote, came despite Democratic opposition fueled by whistleblower allegations concerning Bove’s actions during his tenure at the Department of Justice.
Known for his role as a federal prosecutor in New York, Bove was a key figure in Trump’s legal defense during the New York hush money trial and other federal cases. His new judicial responsibilities will cover appeals from Delaware, New Jersey, and Pennsylvania.
Democratic senators have expressed strong disapproval of Bove’s appointment, pointing to his involvement in dismissing a corruption case against Mayor Eric Adams of New York City and his investigative actions against officials prosecuting the January 6 Capitol attack participants. Bove has also been accused of labeling FBI officials as “insubordinate” for withholding the names of agents involved in the Capitol riot investigations, leading to the dismissal of certain prosecutors on these cases.
Whistleblower Allegations
Whistleblowers have put forth evidence against Bove, including a former department lawyer’s claim that Bove had suggested the Trump administration might need to “ignore judicial commands,” which Bove has denied. A new whistleblower, who remains anonymous, provided an audio recording allegedly contradicting Bove’s testimony during his confirmation hearing.
The recording reportedly captures Bove discussing his handling of the Adams case in a February conference call at the Justice Department. The whistleblower’s evidence, initially reported by the Washington Post, has not deterred Republican senators, who largely supported Bove’s confirmation.
Democratic Leaders React
Senate Democratic Leader Chuck Schumer criticized the confirmation, calling it a “dark day” and suggesting Republicans backed Bove due to his allegiance to Trump. Schumer remarked, “It’s unfathomable that just over four years after the insurrection at the Capitol… Senate Republicans are willingly putting someone on the bench who shielded these rioters from facing justice.”
Republican Senators Susan Collins and Lisa Murkowski opposed Bove’s appointment, with Murkowski stating, “I don’t think that somebody who has counseled other attorneys that you should ignore the law… should be placed in a lifetime seat on the bench.”
During his confirmation hearing, Bove addressed criticisms, acknowledging the controversy surrounding some of his decisions but rejecting the portrayal of him as Trump’s “henchman” or “enforcer.” He also denied having the whistleblower’s recording and described the allegations as a “smear campaign.”
Evidence from February Call
Senators questioned Bove about a February 14 call with Justice Department lawyers regarding the Adams case. Bove allegedly gave attorneys an hour to decide who would file a motion to dismiss the case. The call attracted attention after several prosecutors resigned rather than comply with the directive.
Transcripts show Bove discussing the resignation of interim Manhattan U.S. Attorney Danielle Sassoon, who left before being placed on leave for an investigation. Bove defended his testimony in a letter to Senate Judiciary Committee Chairman Chuck Grassley, clarifying that he did not use the word “reassigned” during the call.
Republican Defense of Bove
Chairman Grassley defended Bove as a “diligent, capable and fair jurist,” criticizing the accusations against him as “vicious rhetoric” and “unfair.” The investigation into the claims was complicated by delayed access to materials from whistleblower lawyers.
The initial whistleblower complaint stemmed from former Justice Department lawyer Erez Reuveni, who was fired after admitting to errors in a deportation case. Reuveni alleged that Bove suggested ignoring court orders if deportations were blocked, a claim Bove does not recall making.
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Associated Press writer Joey Cappelletti contributed to this report.
