Senate Urged to Block Bove After Second DOJ Whistleblower Comes Forward

After a second whistleblower came forward claiming that Emil Bove III instructed attorneys at the U.S. Department of Justice to ignore federal court orders, his critics on Friday renewed calls for the Senate to reject the DOJ official's appointment as an appellate judge.

"Evidence is growing that Emil Bove urged Department of Justice lawyers to ignore federal court orders. That alone should disqualify him from a lifetime appointment to one of the most powerful courts in our country," said Sean Eldridge, president and founder of the progressive advocacy group Stand Up America, in a statement.

U.S. President Donald Trump announced in late May that he would nominate Bove, his former personal attorney, to the U.S. Court of Appeals for the 3rd Circuit. Then, last month, a whistleblower complaint was filed by Erez Reuveni, who was fired from the DOJ's Office of Immigration Litigation in April after expressing concerns about the Kilmar Ábrego García case.

On Friday, as the Republican-controlled Senate was moving toward confirming Bove, the group Whistleblower Aid announced that another former Justice Department lawyer, whose name is not being disclosed, "has lawfully disclosed evidence to the DOJ's Office of the Inspector General that corroborates the thrust of the whistleblower claims" from Reuveni.

"Loyalty to one individual must never outweigh supporting and protecting the fundamental rights of those living in the United States."

"What we're seeing here is something I never thought would be possible on such a wide scale: federal prosecutors appointed by the Trump administration intentionally presenting dubious if not outright false evidence to a court of jurisdiction in cases that impact a person's fundamental rights not only under our Constitution, but their natural rights as humans," said Whistleblower Aid chief legal counsel Andrew Bakaj in a statement.

"What this means is that federal career attorneys who swore an oath to uphold the Constitution are now being pressured to abdicate that promise in favor of fealty to a single person, specifically Donald Trump. Loyalty to one individual must never outweigh supporting and protecting the fundamental rights of those living in the United States," Bakaj added. "Our client and Mr. Reuveni are true patriots—prioritizing their commitment to democracy over advancing their careers."

Bove has also faced mounting opposition—including from dozens of former judges—due to his embrace of the so-called "unitary executive theory" as well as his positions on a potential third Trump term and the January 6, 2021 attack on the U.S. Capitol by the president's supporters.

The Senate on Thursday voted 50-48 to proceed with the consideration of Bove's nomination. Republican Sens. Lisa Murkowski (Alaska) and Susan Collins (Maine) joined all Democrats in opposition. Responding in a statement, Demand Justice interim executive director Maggie Jo Buchanan warned that "Bove will be a stain on the judiciary if confirmed."

"Voting to confirm Trump's judicial nominees to lifetime seats on the federal bench, as he wages a war on the very idea of judicial independence, is an unacceptable choice for any senator who believes in our democracy and the importance of individual rights," said Buchanan, who also blasted the Senate's Tuesday confirmation of Joshua Divine to be a U.S. district judge for the Eastern and Western Districts of Missouri.

"Trump and his MAGA allies are helping him consolidate power in the executive branch, attacking judges who dare to rule against his interests, and targeting Trump's perceived political enemies—all while seemingly unconcerned about the future this sets up for our nation," she stressed. "Every senator will have to decide where they stand when it comes to this assault on our country's values—and that choice will not be forgotten."

After news of the second whistleblower complaint broke on Friday, Stand Up America's Eldridge declared that "again and again, Bove has proven he lacks the temperament, integrity, and independence to serve on the federal bench. He's nothing more than a political foot soldier doing Trump's bidding."

"What is it going to take for Senate Republicans to oppose this unfit nominee?" he added. "Every Republican senator who votes to confirm Bove will be complicit in undermining the rule of law and judicial independence."