The Senate voted late Tuesday night to confirm Emil Bove as a federal appeals court judge, concluding a highly contentious confirmation process. The vote, which ended with a narrow margin of 50-49, revealed deep partisan divides, as the top Justice Department official and former attorney for Donald Trump faced scrutiny from whistleblowers. These complaints alleged that Bove prioritized the president’s agenda over legal principles, raising concerns about his suitability for the U.S. Court of Appeals for the 3rd Circuit.
This confirmation vote was predominantly along party lines, with notable dissent from Republican Senators Lisa Murkowski of Alaska and Susan Collins of Maine, who joined Democrats in opposing Bove. Notably, Senator Bill Hagerty of Tennessee was absent and did not cast a vote. Bove's nomination was particularly contentious, being the most controversial among the 15 judges nominated by Trump during his second term.
Senate Democrats have expressed strong opposition to Bove, citing three whistleblower complaints that question his fitness for a judicial role that demands impartiality. The president formally nominated Bove in June, following his role in representing Trump in three of the four criminal cases against him. Many Democrats criticized the expedited nomination process, arguing it limited meaningful debate. This frustration culminated in a walkout during a hearing when Republicans denied further discussion.
In a significant show of disapproval, hundreds of former prosecutors penned a letter urging the Senate to reject Bove’s nomination, labeling him “the worst conceivable nominee.” Bove's involvement in the Trump administration's strategy to dismiss career prosecutors and his stance on immigration policies have drawn particular ire. Whistleblowers reported that Bove suggested during a March meeting that his team might need to disregard court orders that could hinder Trump's campaign to deport undocumented immigrants. One whistleblower, Erez Reuveni, who was terminated from the Justice Department in April, publicly shared his account of Bove's conduct.
Another whistleblower provided evidence to lawmakers indicating that Bove misled them during his confirmation hearing regarding the dismissal of public corruption charges against New York Mayor Eric Adams. This dismissal resulted in the removal of prosecutors from the U.S. attorney’s office in the Southern District of New York. Following the vote, aides to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) met with the whistleblower’s attorneys to review the allegations further.
Senate Minority Leader Charles E. Schumer (D-New York) expressed his discontent following the vote, calling it a “dark day” for the judiciary. He emphasized the likelihood that Bove lied to senators, arguing that a person with such questionable integrity should not ascend to a federal judgeship. Meanwhile, Collins articulated her concerns, stating that Bove’s political history and actions at the Department of Justice convinced her he would not serve as an impartial jurist.
Despite the criticism, some Republican senators, including Thom Tillis of North Carolina, remained unconvinced by the allegations against Bove. Tillis had previously opposed another Trump nominee, Ed Martin, due to his support for the January 6 Capitol rioters. However, he indicated that he was not swayed by the accusations against Bove, criticizing the third whistleblower for not presenting evidence to the committee sooner. “I think that we have to follow the committee process and make sure that whistleblower has at least attempted to reach out and have a meeting with the committee staff or the chair,” Tillis remarked before the vote.
The confirmation of Emil Bove marks a significant moment in the ongoing political battle over judicial nominations, highlighting the contentious nature of appointments during Trump's presidency.
