Conservatives Divide on Potential Emil Bove Appellate Nomination

Emil Bove’s potential nomination to a federal appeals court seat is already dividing Republicans.

In the National Review, Ed Whelan, a conservative lawyer who writes frequently about judicial confirmations, questioned in a short post whether President Donald Trump should appoint Bove, his former personal lawyer who is now a top Justice Department political appointee.

The New York Times reported May 19 that Trump is considering Bove for a seat on the US Court of Appeals for the Third Circuit.

“His interest in the lifetime tenure that a judicial appointment would provide might have intensified in the face of the various ethics complaints that have been leveled against him,” Whelan wrote.

Whelan’s post prompted unusual pushback on social media from prominent Trump appointees.

“Sad to see what’s become of a once-respected outlet,” said Deputy Attorney General Todd Blanche in a X post. “Emil Bove is a brilliant legal mind and a dedicated public servant and I’m proud to call him a colleague and close friend.”

FTC Commission Andrew Ferguson added, “We should be so lucky. Emil is one of the most courageous lawyers in America. He would be a phenomenal judge.”

Bove, a former Manhattan federal prosecutor, currently serves as the top deputy to Blanche, a position that doesn’t require Senate confirmation.

Circuit Nomination

It’s unclear which seat Trump is eyeing for Bove on the Third Circuit, which covers New Jersey, Pennsylvania, and Delaware, according to the New York Times. The court has two vacancies, one in New Jersey and another in Delaware, and conservatives have suggested that Republicans move the Delaware one to another state in the circuit.

If nominated, Bove would likely face scrutiny from Senate Democrats about his decision to order the dismissal of charges against New York Mayor Eric Adams brought by his old office and moves to prioritize immigration enforcement over other missions.

In February, while serving as acting deputy attorney general, Bove ordered prosecutors to drop bribery charges against Adams that he saw as politically motivated. That prompted the Southern District of New York’s top prosecutor, Danielle Sassoon, and several other Justice Department officials to resign rather than carry out the order.

Sassoon alleged in her resignation letter that Bove wanted to dismiss the charges so that Adams would cooperate with the Trump administration’s immigration enforcement goals. Bove denied the existence of a quid pro quo arrangement with Adams.

Senate Democrats on the Judiciary Committee have called for a disciplinary investigation into whether Bove violated New York’s professional conduct rules in his actions in the Adams case. Bove’s actions “are part of a broader course of conduct by President Trump and his allies to undermine the traditional independence of Department of Justice’s investigations and prosecutions and the rule of law,” they wrote in a March letter.

He also has issued memos calling for criminal investigations into so-called sanctuary jurisdictions that limit cooperation with federal immigration authorities and directing the firing of more than a dozen prosecutors who worked on cases against participants in the Jan. 6, 2021, riot at the US Capitol by Trump supporters.

Bove previously worked as a prosecutor handling national security for the Southern District. He later worked at Blanche’s firm, where he represented Trump against federal charges that he mishandled classified documents and tried to obstruct the 2020 presidential election.

Bove also represented Trump in his New York state trial on fraud charges related to hush-money payments, where Trump was found guilty.