Senate Democrat Concerned About Historic Muslim Judicial Nominee

March 19, 2024, 11:27 PM UTC

Democrats are losing support among their ranks for President Joe Biden’s historic Muslim appellate nominee over his ties to a group conservatives have called an anti-police organization.

Sen. Catherine Cortez Masto of Nevada is the first Democratic senator to publicly voice concerns about Adeel Mangi, who serves on the advisory board of the Alliance of Families for Justice. The organization was co-founded by Kathy Boudin, who was convicted of felony murder for her role in a Brink’s armored truck robbery in Nanuet, New York, that led to the deaths of two police officers in 1981.

Cortez Masto told Bloomberg Government on Tuesday that she “absolutely” has concerns about Mangi’s affiliation with “an organization that I have found has connections to individuals who killed police officers.”

“I’ve been candid with my leadership about it, and the White House about my concerns,” she said.

Masto wouldn’t say whether she believes Mangi’s nomination to the US Court of Appeals for the Third Circuit should be withdrawn, but that “it’s going to be up to the president to decide.”

Meanwhile, some Senate Democrats in purple states remain non-committal about Mangi’s nomination amid an aggressive opposition campaign by Senate Republicans and conservative legal groups.

Sen. Jon Tester, who’s been the target of a digital ad campaign urging him to oppose Mangi, told reporters on Tuesday that he’s “publicly listening to the people of the state of Montana” when asked about his support. Tester faces a competitive re-election race, where the Judicial Crisis Network has been airing online ads.

Senate Republicans have highlighted letters from law enforcement organizations urging senators not to support Mangi for his ties to the Alliance of Families for Justice, including the National State Troops and the Police Conference of New York.

Senate Republicans made their opposition to Mangi evident at his Dec. 13 confirmation hearing, where they demanded he share his personal views on the Oct. 7 attacks on Israel, the ongoing Israel-Hamas war, and al-Qaeda’s terrorist attacks against the US on Sept. 11, 2001.

Sens. Ted Cruz (R-Texas) and Josh Hawley (R-Missouri) and other Senate Judiciary Republicans tied their concerns to Mangi’s prior membership on the advisory board of the Center for Security, Race and Rights at Rutgers Law School, which held a controversial event commemorating the 20th anniversary of 9/11 in 2021. Conservatives also alleged the center has platformed anti-Israel and antisemitic speech.

Mangi said in response that he only advised the center on academic research issues for a board that meets once a year, and that he was neither involved or aware of the events and rhetoric characterized by Republicans as radical. He left the board in 2023, before Hamas’ initial deadly attacks and the ensuing war between the terrorist group and Israel.

He also repeatedly condemned terrorism, antisemitism, and the Oct. 7 Hamas attacks as “a horror involving the deaths of innocent civilians. He hasn’t addressed his affiliation with the Alliance of Families for Justice.

CNN reported March 14 that Senate Democrats and staff have privately told the White House there doesn’t appear to be enough votes to confirm Mangi.

The White House has since pushed back against Republican attacks, which it criticized Tuesday as a “cruel, Islamophobic, smear campaign.”

“President Biden and the White House remain 100% behind Mr. Mangi’s nomination,” White House spokesperson Andrew Bates said in a statement. “He is exceptionally well-qualified, dedicated to fairness and impartiality, and the rule of law.”

—With assistance from Courtney Rozen

To contact the reporters on this story: Tiana Headley in New York at theadley@bloombergindustry.com; Zach C. Cohen in Washington at zcohen@bloombergindustry.com

To contact the editors responsible for this story: Seth Stern at sstern@bloomberglaw.com

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