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emil bove
Report Highlights ‘Pattern of Dishonesty' on 2020 Election From Trump’s Far-Right Judicial Picks
“It is unprecedented for lifetime nominees to the federal bench to provide dishonest and misleading answers about historical facts," said the president of Demand Justice.
Nov 11, 2025
President Donald Trump has appointed 27 judges to federal courts so far in his second term, and in addition to their right-wing interpretation of the law, an analysis of the judges' comments to senators during the confirmation process reveals a key commonality between the president's appointees: All were willing to evade direct questions about whether Trump lost the 2020 election and whether the US Capitol was attacked by a violent pro-Trump mob on January 6, 2021.
Demand Justice examined the Questions for the Record (QFRs) that were submitted by the Senate to the 27 judicial nominees regarding the election and January 6, and found that their answers to those two specific questions were nearly uniform in many cases—repeating certain phrases verbatim and "overall, using unusual and evasive language that’s almost entirely outside the normal, historical, and common lexicon used to describe such events."
None of the 27 nominees affirmatively answered that former President Joe Biden won the 2020 election, as proven by numerous courts that rejected lawsuits claiming otherwise and by both Republican and Democratic election officials. Instead, the nominees said Biden was "certified" as the winner, and 16 of them said he "served" as president.
Some of the nominees, including Emil Bove of the US Court of Appeals for the 3rd Circuit, Whitney Hermandorfer of the Court of Appeals for the 6th Circuit, and Kyle Dudek of the Middle District of Florida, expanded on their answers, saying they would avoid "opining on the broader political or policy debate regarding the conduct of the 2020 presidential election."
Demand Justice said those comments "strongly, and falsely," suggested the 2020 election results are still a matter of legal dispute.
Josh Orton, president of the group, told MSNBC's "Morning Joe" on Tuesday that the nominees' answers preserved "their ability to say, 'I did not contradict Donald Trump' on what we know are the two most third-rail issues to Donald Trump."
"If nominees don't answer these two questions, I think it amounts to, essentially, a political loyalty test," said Orton.
NEW: Demand Justice report finds a pattern of dishonesty and evasion from Trump's judicial nominees. Watch as @joshorton explains on @Morning_Joe how Trump's judges are effectively taking loyalty tests to the President. pic.twitter.com/MFj2m8gElj
— Demand Justice (@WeDemandJustice) November 11, 2025
Regarding questions about whether the US Capitol was attacked on January 6 and whether the attack was an insurrection, said Demand Justice, "not one nominee was willing to speak to the events that occurred on that day."
Twenty-one of them, including Bove, Hermandorfer, and Joshua Divine of District Courts for the Eastern and Western Districts of Missouri, characterized the attack—in which Trump supporters tried to stop Congress from certifying the 2020 election results—as a matter of debate.
None of the nominees mentioned the law enforcement officers who died as a result of the attack, even though some mentioned violence against law enforcement broadly in their other QFR answers; the fact that the House and Senate chambers were broken into; or the death threats rioters directed at then-Vice President Mike Pence.
“It is unprecedented for lifetime nominees to the federal bench to provide dishonest and misleading answers about historical facts—and it is deeply concerning that Trump’s nominees are parroting such strikingly similar language, the president’s own language, to avoid telling the truth,” said Orton.
Orton added that "the kicker" of the report is that 15 members of the Democratic Caucus have voted for Trump's judicial nominees despite their evasive and dishonest answers about January 6 and Trump's 2020 loss.
"Excuse me? People died," said Orton. "If you're willing to appease Trump's big lies, you have no business anywhere near a court, period."
This morning, @joshorton unveiled a new report that found all 27 of Trump's judicial nominees, who have gone through the process in his second term, have used strikingly similar, evasive language to answer basic questions about the 2020 election and January 6th. Watch --> pic.twitter.com/WaqdyFcAC7
— Demand Justice (@WeDemandJustice) November 11, 2025
Democrats who have voted in favor of confirming Trump's nominees include Sens. Chris Coons (Del.), Tim Kaine (Va.), Mark Kelly (Ariz.), and Amy Klobuchar (Minn.).
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DOJ Whistleblower Details Being Ordered to Lie in Court About Kilmar Abrego García
"It is the highest, most egregious violation of a lawyer's code of ethics to mislead a court with intent," said Erez Reuveni.
Oct 20, 2025
A former US Department of Justice lawyer on Sunday described how an appointee of President Donald Trump told him to lie about Kilmar Abrego García’s supposed ties to the gang MS-13 after he was wrongfully deported to El Salvador earlier this year.
During an interview with CBS News' "60 Minutes," whistleblower Erez Reuveni said that he was told by a superior at DOJ to argue in court against bringing Abrego García back to the US on the grounds that he was an MS-13 member and a "terrorist."
Reuveni said that he refused to sign onto this strategy because the claims being made about Abrego García were flatly untrue.
"That is not correct," he said of the claims. "That is not factually correct. It is not legally correct. That is, that is a lie. And I cannot sign my name to that brief."
Reuveni went on to say that, even if Abrego García had been a gang member, his right to due process was still being violated by the Trump DOJ.
"What matters here is that they did everything they did to him in violation of his due process rights," he said. "What's to stop them if they decide they don't like you anymore, to say you're a criminal, you're a member of MS-13, you're a terrorist, what's to stop them from sending in some DOJ attorney at the direction of DOJ leadership to delay, to filibuster, and if necessary, to lie?"
Reuveni also discussed how the Trump DOJ had defied court orders by rushing to send a plane full of purportedly undocumented immigrants to be detained in El Salvador’s Terrorism Confinement Center (CECOT), a facility that for years has drawn criticism for alleged systematic human rights abuses.
Specifically, he said that former Trump DOJ official Emil Bove—who was confirmed to a lifetime seat as a federal judge earlier this year, even after Reuveni first spoke out against him—said during a meeting in February that the department was to not let anything interfere with the planes that were transporting the immigrants to El Salvador, even if it meant defying direct court orders.
The very next day, government lawyer Drew Ensign, who had been at that meeting, told Judge James Boasberg in court that he had no idea whether the government was planning imminently to fly the planes out of the country. Reuveni said this shocked him because it was impossible to believe that Ensign sincerely had no idea that the government was planning to fly the planes out that very day.
"It is the highest, most egregious violation of a lawyer's code of ethics to mislead a court with intent," Reuveni emphasized. "We really did tell the court, screw you. We really did just tell the courts, we don't care about your order. You can't tell us what to do. That was just a real gut punch."
"60 Minutes" correspondent Scott Pelley noted during the interview that while Reuveni previously spoke out about Bove's directive to disregard court orders, the interview on Sunday marked the first time since then that the former DOJ lawyer had broadcast his allegations in a TV appearance.
Reuveni acknowledged that the interview brought up safety concerns for him and his family.
"At the same time, I think about what we're losing in this moment, I think about why I went to the Department of Justice—to do justice. I took an oath to uphold and defend the Constitution," he said. "I would not be faithfully abiding by my oath if I stayed silent right now.”
This is the first time former DOJ attorney Erez Reuveni has shown his face in such a public way. He says he felt he needed to speak out despite his safety concerns.
“I took an oath to uphold and defend the Constitution,” Reuveni says. “I would not be faithfully abiding by my… pic.twitter.com/osLCRDIfVm
— 60 Minutes (@60Minutes) October 19, 2025
Abrego Garcia was detained in El Salvador for two months, with the Trump administration repeatedly claiming it had no way to return him to the US, before he was finally transferred to the US, where he is facing human smuggling charges. He was transferred to a detention facility in Pennsylvania last month and the Trump administration is still seeking to deport him.
He pleaded not guilty to the charges in June.
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Trump FBI Director 'Acted Unlawfully' and 'Deliberately Chose' to Politicize Agency: Lawsuit
Patel allegedly told an FBI official that "the FBI tried to put the president in jail and he hasn't forgotten it."
Sep 10, 2025
A new lawsuit alleges that Trump-appointed FBI Director Kash Patel knowingly broke the law during a campaign to politicize the entire agency.
In a complaint filed Wednesday, former FBI officials Brian Driscoll Jr., Steven Jensen, and Spencer Evans claim that Patel "not only acted unlawfully but deliberately chose to prioritize politicizing the FBI over protecting the American people."
The complaint then laid out evidence of Patel's alleged lawbreaking, including a conversation in which the FBI director said that he had been directed by White House officials "to fire anyone who they identified as having worked on a criminal investigation against President Donald J. Trump."
According to Driscoll, Patel told him that there was nothing he could do to prevent these agents from losing their jobs because "the FBI tried to put the President in jail and he hasn't forgotten it." The complaint says Driscoll proceeded to inform Patel that firing FBI agents for this reason would be illegal, to which he responded that "he understood that and he knew the nature of the summary firings were likely illegal and that he could be sued and later deposed."
The lawsuit also details a conversation that Driscoll had with Paul Ingrassia, a 29-year-old White House liaison who directly asked him questions of an overtly political nature, including:
- "Who did you vote for?"
- "When did you start supporting President Trump?"
- "Have you voted for a Democrat in the last five elections?"
Driscoll refused to answer any of these questions, the lawsuit stated.
The complaint further sheds light on the actions of Emil Bove, a former Trump attorney who earlier this year was confirmed as a judge of the United States Court of Appeals for the 3rd Circuit.
During a meeting with Bove in late January, Driscoll and Jensen informed him that messages from the Office of Personnel Management urging federal employees to voluntarily resign or face potential termination were creating "panic and anxiety" among FBI agents.
Bove allegedly responded that creating panic and anxiety "was the intent" of the messages.
In addition to all this, the complaint offers insights into the way that Patel and FBI Deputy Director Dan Bongino react to criticism from right-wing influencers on social media.
In one instance, the complaint alleges, Patel and Bongino found themselves taking heat from some prominent accounts on X because they'd promoted Jensen, who had played a role investigating and prosecuting Trump-supporting Capitol rioters, to serve as acting director in charge of the Washington Field Office.
Patel, tired of the criticism he was receiving for promoting Jensen, asked him if he would consider filing defamation suits against the angry internet trolls to take some pressure off him.
"Jensen declined, noting that he was unconcerned with the viewpoints of online personalities and would remain focused on the FBI's mission," the complaint notes.
Driscoll, Jensen, and Evans were all ousted from the FBI this past August as part of what critics contend was an authoritarian purge whose goal was "to weaponize federal law enforcement and replace highly experienced public servants with political hacks eager to carry out Trump's retribution agenda."
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'Cowardice': Senate GOP Brushes Whistleblowers Aside to Confirm Trump Loyalist Emil Bove
"Bove, facing a wave of damning allegations that the overwhelming majority of Republican senators refused to take seriously, has been confirmed for one reason only: obedience to Trump."
Jul 30, 2025
Nearly every Senate Republican on Tuesday voted in favor of confirming Trump loyalist Emil Bove to a lifetime federal court seat, brushing aside whistleblowers who alleged that the Justice Department official expressed support for defying court orders and lied during his sworn judiciary committee testimony.
The final Senate vote on Bove's confirmation to serve on the U.S. Court of Appeals for the 3rd Circuit was 50-49, with every member of the Democratic caucus voting no. Just two Republicans—Sens. Susan Collins of Maine and Lisa Murkowski of Alaska—opposed Bove's confirmation.
Maggie Jo Buchanan, interim executive director of the advocacy group Demand Justice, said the vote "represents some of the worst aspects of far too many elected to office in Washington—cowardice and political expediency over duty to constituents."
"The American people want and deserve judges who are independent and fair, not ones who have done nothing to hide their political loyalties," she added. "Bove, facing a wave of damning allegations that the overwhelming majority of Republican senators refused to take seriously, has been confirmed for one reason only: obedience to Trump."
Tuesday's vote came hours after The Washington Post reported that a third whistleblower had shared evidence with senators suggesting that Bove "misled lawmakers about his handling of the dismissal of public corruption charges against New York Mayor Eric Adams."
Democratic senators demanded an investigation into the allegations before the final vote to confirm Bove, but Republicans rushed ahead with the vote anyway.
Sen. Sheldon Whitehouse (D-R.I.) said in a statement following Tuesday's vote that "this sham, hide-the-ball confirmation process is a new low for subservient Senate Republicans."
"Even as the lawless Emil Bove appears to have misled the committee about multiple, credible, backstopped allegations of misconduct, this body has sunk to simply being a partisan rubber stamp for President Trump," said Whitehouse. "Republicans have ignored whistleblower after whistleblower who bravely came forward to corroborate evidence of Bove's misconduct."
"Bove's confirmation sets the stage for the president and his allies to seek out favorable rulings, no matter how unconstitutional their actions may be."
Whistleblower Aid, a group representing one of the Bove whistleblowers, said prior to Tuesday's vote that Trump's Justice Department claimed to have lost a complaint "documenting Emil Bove's contempt for the rule of law" before finding it again on Monday.
The group noted that the Justice Department's Office of Inspector General "received an online copy of the complaint from Whistleblower Aid on May 2 and signed in a couriered copy three days later." The complaint, according to Whistleblower Aid, "provided documentary evidence that Bove and other senior DOJ officials instructed department lawyers to violate a court order relating to the Trump administration's immigration deportation policies."
"They also directed DOJ lawyers to commit perjury in federal court to cover up the violation, the evidence shows," according to the group. "Yet the office now says the documents were lost and refound only after Whistleblower Aid presented proof of submission and receipt. Evidence relevant to the Senate's final vote on the Bove nomination has thus sat unacknowledged for almost three months, foreclosing the possibility of any meaningful investigation into a lifetime judicial appointment."
Last month, The New York Times reported that one whistleblower—a DOJ lawyer who has since been fired—alleged that Bove said earlier this year that the Justice Department "would need to consider telling the courts 'fuck you'" if they ruled against the Trump administration's attempts to deport immigrants without due process.
Caroline Ciccone, president of the watchdog group Accountable.US, said Tuesday that Bove's confirmation "should send a chill down the spine of every American."
"Bove has shown total loyalty to Trump above the American people; refused to commit to recusing himself on cases involving the president; and is the subject of multiple whistleblower complaints," said Ciccone. "His extreme ideological record and ethical lapses have raised grave concerns about his integrity, but that didn't stop Republican senators from ramming his confirmation through, falling in line with Trump's scheme of hand-selecting judges who vow personal loyalty over the rule of law."
"Bove's confirmation sets the stage for the president and his allies to seek out favorable rulings, no matter how unconstitutional their actions may be," she warned. "And that is a threat to fundamental freedoms everywhere."
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Third DOJ Whistleblower Unveils New Allegations That Bove Misled Senate About Adams Case
"What will come out next about Bove?" said one senator as a confirmation vote loomed. "That's precisely the problem with this disaster of a nominee. And why Senate Republicans are rushing through his nomination."
Jul 29, 2025
With the U.S. Senate poised to vote as early as Tuesday on Trump administration official Emil Bove's nomination for a lifetime appointment as a federal judge, a third whistleblower came forward with information about Bove's conduct at the Department of Justice and Democratic senators made their latest push to stop his confirmation.
As The Washington Post reported, a whistleblower shared evidence with lawmakers that Bove, the principal associate deputy attorney general and a former personal attorney to President Donald Trump, misled the Senate Judiciary Committee regarding his role in the DOJ's dismissal of corruption charges against New York City Mayor Eric Adams.
During his confirmation hearing in June, Bove told senators that U.S. District Judge Dale Ho granted the DOJ's motion to dismiss the Adams case because it "reflected a valid exercise of prosecutorial discretion."
He denied the existence of the DOJ deal with Adams to drop the charges in exchange for the mayor's cooperation with Trump's mass deportation agenda, saying that "the suggestion that there was some kind of quid pro quo was just plain false."
The decision to drop the charges led several prosecutors to resign from the DOJ in protest.
Sen. Cory Booker (D-N.J.), who serves on the Senate Judiciary Committee and condemned Republicans' decision to advance Bove's nomination earlier this month, first received evidence from the third whistleblower, according to the Post. Several other Democrats have also reviewed the evidence, which Booker told the outlet was "significant."
"We have substantial information relevant to the truthfulness of the nominee," Booker said on the Senate floor, calling on Republicans on the committee to review the new evidence.
"Another whistleblower has come forward with evidence that raises serious concerns with Emil Bove's misconduct. Senate Republicans will bear full responsibility for the consequences if they rubber stamp Mr. Bove's nomination."
Lawyers for the anonymous whistleblower told the Post on Tuesday that they had turned over the new information provided by the person to the DOJ inspector general.
Booker was joined by Sen. Adam Schiff (D-Calif.) on Tuesday in calling on the DOJ's inspector general to promptly open an investigation into Bove in light of the latest whistleblower complaint.
"In the event these whistleblower complaints and other reports have not already prompted investigations by your office, we urge you to undertake a thorough review of these disclosures and allegations," said the lawmakers.
Two other whistleblowers have come forward in recent weeks, alleging Bove told DOJ lawyers to ignore court orders that would impede Trump's mass deportation agenda. Former DOJ attorneys and federal and state judges have urged the Senate to oppose his nomination.
Schiff condemned Republicans on the committee for attempting to dismiss the whistleblowers' complaints.
"What will come out next about Bove?" said Schiff. "That's precisely the problem with this disaster of a nominee. And why Senate Republicans are rushing through his nomination. Before more disqualifying information can come out."
Sen. Sheldon Whitehouse (D-R.I.) emphasized that the fight to stop Bove's confirmation "isn't over, even when subservient Senate Republicans ignore another whistleblower and shove this character through their new-low, hide-the-ball Senate confirmation process and onto the bench."
Republicans can afford to lose only three votes for Bove and still confirm him with a tie-breaker vote from Vice President JD Vance. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) are expected to oppose him.
Josh Sorbe, a spokesperson for Sen. Dick Durbin (D-Ill.), the Judiciary Committee's ranking member, said the latest complaint is "another damning indictment of a man who should never be a federal judge."
"Another whistleblower has come forward with evidence that raises serious concerns with Emil Bove's misconduct," said Sorbe. "Senate Republicans will bear full responsibility for the consequences if they rubber stamp Mr. Bove's nomination."
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Senate Urged to Block Bove After Second DOJ Whistleblower Comes Forward
"What is it going to take for Senate Republicans to oppose this unfit nominee? Every Republican senator who votes to confirm Bove will be complicit in undermining the rule of law and judicial independence."
Jul 25, 2025
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."
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'Absolutely Insane': GOP Committee Shuts Off Debate to Advance 'Extreme Ideologue' Emil Bove
"Today's Senate Judiciary Committee meeting was a clear indication of MAGA Republicans' willingness to put blind loyalty to Trump before their oaths of office and duties to their constituents," said one advocate.
Jul 17, 2025
Democrats on the U.S. Senate Judiciary Committee on Thursday said Republicans on the panel had broken several Senate rules by forcing a vote on judicial nominee Emil Bove, and questioned whether the committee's vote to advance Bove's nomination to the chamber floor was legitimate, since it took place after they walked out in protest.
As NBC News reported, a spokesperson for Sen. Dick Durbin (D-Ill.) said Democrats are questioning whether the vote to advance Bove was officially reported out, and the question "may be up to the Senate parliamentarian" because the GOP broke several committee rules when Chair Chuck Grassley (R-Iowa) shut down debate.
The Democratic members of the committee walked out of the hearing room after Grassley said the debate would not continue regarding Bove, who was the subject of a whistleblower report that alleged he told Department of Justice lawyers to ignore court rulings that got in the way of President Donald Trump's mass deportation agenda.
Bove, currently the principal associate deputy attorney general, reportedly said the DOJ should "consider telling the courts 'fuck you' and ignore" court orders that aimed to stop deportation flights from taking off, carrying hundreds of migrants to other countries without due process.
Earlier this week, Grassley rejected a request by Democrats on the committee to hold a hearing so the whistleblower, former DOJ attorney Erez Reuveni, could testify.
Grassley said he saw no reason to delay a committee vote on Bove, who in addition to being the subject of Reuveni's complaint, has been accused of belittling subordinates, making "power plays," and lacking professionalism during his tenure in New York's Southern District.
"Bove is an extreme ideologue, and his lifetime appointment sets the stage for the president and his allies to seek out favorable rulings no matter how unconstitutional their actions," said Caroline Ciccone, president of Accountable.US. "It's reprehensible that Senate Republicans silenced a basic acknowledgement of the facts, in order to jam through judicial appointments who will be a rubber stamp for Trump's out-of-touch agenda."
Bove also refused to condemn the January 6, 2021 attack on the U.S. Capitol and played a key role in the DOJ decision to drop federal corruption charges against New York City Mayor Eric Adams. Bove's former role as Trump's personal attorney led 75 former state and federal judges to warn this week that his nomination to be a judge on the U.S. Court of Appeals for the 3rd Circuit was "deeply inappropriate."
"He has been trailed by a history of complaints, long predating his affiliation with President Trump about his temperament, his poor judgment, and lack of candor in front of the court," said Durbin on Thursday. "Think of it: We're talking about a judge for life."
Ahead of the committee's proceedings on Thursday, more than 900 former DOJ attorneys joined the call for lawmakers to reject Bove's nomination, saying it was "intolerable... that anyone who disgraces the Justice Department would be promoted to one of the highest courts in the land, as it should be intolerable to anyone committed to maintaining our ordered system of justice."
But Grassley disregarded the warning and other protests from Democratic committee members as he cut off the debate over Bove during Thursday's session.
"This is out of order," Sen. Cory Booker (D-N.J.) said. "This is absolutely insane. What is the rush?"
After the rest of the Democrats left the room in protest, Booker remained in the hearing room and shouted over the votes of several other judicial nominees before joining his colleagues.
"This lacks decency. It lacks decorum. It shows that you do not want to simply hear from your colleagues," Booker said. "This is us simply trying to rush through one of the most controversial nominees we've had under this presidential administration."
Grassley denounced the concerns raised about Bove as a "political hit job," but Booker emphasized that "time and time again, there were allegations made against this nominee by independent people, by Republicans, by career professionals, and we are not listening to them or demanding answers."
As Bove's nomination headed to the Senate floor, Durbin and Booker also brought up questions about whether Bove was involved in a DOJ decision not to release files regarding convicted sex offender Jeffrey Epstein, who was a former associate of Trump's and was found dead in his jail cell in 2019.
Booker wrote a letter to Bove on Wednesday, saying his "involvement in the DOJ's review of the Epstein files is a matter of significant public importance given the contradictory statements by Attorney General [Pam] Bondi concerning the existence of an Epstein 'client list' and DOJ's stated commitment to transparency. Furthermore, it warrants scrutiny whether the DOJ intentionally withheld evidence related to the trafficking and sexual abuse of minors to protect certain individuals."
Maggie Jo Buchanan, interim executive director of the advocacy group Demand Justice, said Booker had "correctly accused his colleagues across the aisle of abusing their power. We applaud his efforts to ensure the public could learn more about the serious allegations Bove faces, as well as the committee Democrats who walked out of the meeting in light of their Republican colleagues' actions."
"Today's Senate Judiciary Committee meeting was a clear indication of MAGA Republicans' willingness to put blind loyalty to Trump before their oaths of office and duties to their constituents," said Buchanan urging senators from both parties to reject Bove's nomination now that it has advanced to the Senate floor.
"Senators on both sides of the aisle must show their commitment to judicial independence and keep this extreme, Trump loyalist off the federal bench," she said. "Voting 'no' should not be a difficult choice for any senator with an ounce of self-respect or respect for the courts."
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Dozens of Former Judges Join Call for Senate to Reject Bove's Judicial Nomination
"Mr. Bove's egregious record of mistreating law enforcement officers, abusing power, and disregarding the law itself disqualifies him for this position."
Jul 15, 2025
With two days to go until the U.S. Senate Judiciary Committee is set to vote on advancing the judicial nomination of President Donald Trump's former personal attorney, Emil Bove, more than 75 former federal and state judges wrote to lawmakers to demand they reject the "deeply inappropriate" appointment.
Confirming Bove to a lifetime seat on the U.S. Court of Appeals for the 3rd Circuit would not only "compromise the integrity of the courts" and "set a dangerous precedent" that "personal fealty rather than constitutional duty" can secure judicial power, said the judges, but would also elevate someone who has allegedly "plotted to violate court orders," according to a recent whistleblower report.
The judges noted that the whistleblower, former Department of Justice lawyer Erez Reuveni, has offered to testify under oath and has provided the committee with "compelling evidence" that Bove told DOJ staffers to "ignore" any court orders that challenged Trump's mass deportation operation—yet the Republican-controlled panel has not invited Reuveni to speak to lawmakers.
On Tuesday, committee Chair Charles Grassley (R-Iowa) rejected a request to hold additional hearings on Bove's nomination before voting, saying they were "unnecessary."
"The Senate has a duty to hear that testimony," said the former judges, including Republican-nominated former circuit judges J. Michael Luttig, Timothy Lewis, and Paul Michel.
The judges wrote that "Mr. Bove's egregious record of mistreating law enforcement officers, abusing power, and disregarding the law itself disqualifies him for this position."
The letter is only the latest push to stop senators from confirming Bove, currently the principal associate deputy attorney general at the DOJ. The Leadership Conference on Civil and Human Rights, a coalition of more than 240 civil society organizations, wrote to senators last month, saying Bove does not meet the "basic requirements" to be a federal judge, including being "fair-minded, well-qualified, and committed to civil and human rights."
Like the Leadership Conference, the judges on Tuesday pointed to Bove's views on and conduct regarding the January 6, 2021 attack on the U.S. Capitol, which the DOJ official "refuses to condemn." Bove also investigated and fired dozens of FBI agents who had been involved in probing the attacks, which were aimed at stopping lawmakers from certifying Trump's 2020 election loss.
"It is disqualifying alone that Mr. Bove targeted or terminated Federal Bureau of Investigation personnel and career DOJ prosecutors for honorably investigating violent criminals who assaulted police officers and intended to murder members of Congress and our nation's vice president on January 6, 2021," wrote the judges.
They also pointed to Bove's role in dropping corruption charges against New York Mayor Eric Adams, which prompted the resignation of several disgusted staff attorneys, and his record of belittling and abusing staffers when he was a federal prosecutor in New York's Southern District—a pattern that made him the subject of an email from defense attorneys who expressed concern about Bove's "power plays" and "professionalism."
"Mr. Bove's egregious record of mistreating law enforcement officers, abusing power, and disregarding the law itself disqualifies him for this position," wrote the lawyers.
Gregg Nunziata, executive director at the Society for the Rule of Law, said the "remarkable" letter demonstrated how "the case against Mr. Bove's confirmation" is "about fundamental unfitness for the judicial role."
The Senate committee is set to vote on Bove's nomination on Thursday, and Republicans on the panel are expected to approve the appointment—even though Sen. Thom Tillis (R-N.C.) previously said he would not support nominations of people who refused to condemn the January 6 attacks. After the committee vote, Bove would need to be confirmed by the full chamber.
On a questionnaire given to him by the Senate as part of his confirmation process, Bove said "the characterization of the events on January 6 is a matter of significant political debate," and declined to comment on his views.
On the same document, Bove did not rule out Trump's potential run for a third term—which would violate the U.S. Constitution's 22nd Amendment.
While the judges outlined Bove's unfitness for the lifetime appeals court seat, journalist Lydia Polgreen noted that as the committee moved toward a likely confirmation, condemnation should also be aimed at members of the Democratic Party who "caved to anti-Muslim smears" last year and failed to confirm veteran lawyer Adeel Mangi for the seat on the 3rd Circuit—leaving the spot open for Trump's former personal attorney.
As Common Dreams reported last year, Republicans on the Senate Judiciary Committee questioned whether Mangi condemned the September 11, 2001 attacks and the Hamas-led attacks on southern Israel in October 2023. They also accused Mangi of antisemitism due to his membership on the advisory board for the Rutgers Center for Security, Race, and Rights, which hosted speakers who—like more than half of U.S. adults currently—were critical of Israel.
The "monthslong onslaught of baseless, disgusting attacks on Mangi," as HuffPost reporter Jennifer Bendery called them, were successful, and convinced Sens. Catherine Cortez Masto (D-Nev.), Jacky Rosen (D-Nev.), and Joe Manchin (D-W.Va.) to vote against the "highly qualified, widely endorsed, successful litigator."
"The history of trying to fill this powerful court seat," said Bendery, "is just as infuriating as where it could be headed."
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Judicial Nominee Bove Deemed 'Unfit' Over Answers on Jan. 6, Third Trump Term
"His words and actions show he is loyal to Donald Trump—not the Constitution," said one progressive advocate.
Jul 11, 2025
Emil Bove, a former attorney for U.S. President Donald Trump who has been nominated to serve as a judge on the U.S. Court of Appeals for the 3rd Circuit, was denounced as "unfit" on Friday due to answers he gave on a Senate questionnaire.
As reported by CBS News, Bove on the questionnaire declined to rule out Trump being allowed to run for a third term even though the 22nd Amendment of the United States Constitution explicitly says that "no person shall be elected to the office of the president more than twice."
Rather, Bove declined to directly answer questions about Trump's eligibility for a third term and wrote that "as a nominee to the Third Circuit, it would not be appropriate for me to address how this Amendment would apply in an abstract hypothetical scenario."
Additionally, Bove declined to condemn the deadly riots at the United States Capitol building on January 6, 2021, in which Trump supporters violently attacked law enforcement officers and sent lawmakers fleeing for their lives. Instead, Bove asserted that "the characterization of the events on January 6 is a matter of significant political debate," and thus it would be "inappropriate to address this question."
Hundreds of Trump supporters were convicted of crimes related to the Capitol riots, although they were all given a blanket pardon by the president immediately after he returned to office earlier this year.
Progressive advocacy organization Stand Up America said that the results of the questionnaire left no doubt about Bove's unfitness to be a judge on the powerful Third Circuit.
"Emil Bove has no business on the federal bench. His words and actions show he is loyal to Donald Trump—not the Constitution, not the rule of law, and certainly not the American people," said Christina Harvey, the executive director of Stand Up America.
"Last month, over 5 million people took to the streets to remind the Trump administration that we don't have kings in America," added Harvey. "Bove apparently missed the memo, and the day they taught the Constitution in law school. Bove is unfit for a lifetime appointment to one of the most powerful courts in the country, plain and simple. The Senate must reject his nomination."
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'Beyond Unfit': Emil Bove Endorses Trump's 'Unitary Executive' Theory at Confirmation Hearing
The federal judicial nominee supports signing "a blank check for Trump to control every agency," said one government watchdog.
Jun 25, 2025
A whistleblower complaint alleging that top Justice Department official Emil Bove pressured government lawyers to ignore court orders was a primary concern for Democratic members of the Senate Judiciary Committee on Wednesday as the panel held Bove's confirmation hearing to be a judge on the U.S. Court of Appeals for the 3rd Circuit—but a government watchdog urged lawmakers not to overlook another key issue that came to light during the hearing.
Bove told the committee that the whistleblower complaint that was filed by ousted former DOJ attorney Erez Reuveni Tuesday addressed "a dispute about the challenges posed by the unelected bureaucracy to the unitary executive and to the people that elected the president and put him in office."
Accountable.US said Bove had inserted a "buzzword" into his testimony: the far-right "unitary executive" theory, which holds that limits on presidential power over the executive branch are unconstitutional—or that the president should hold absolute power over every government agency, unencumbered by members of "the unelected bureaucracy" like Reuveni and anyone else in the federal government who would express disagreement with President Donald Trump's policies or actions.
As Common Dreams reported Tuesday, Reuveni's whistleblower complaint detailed allegations that just before Trump invoked the Alien Enemies Act (AEA) to swiftly deport more than 200 immigrants to El Salvador—claiming they were gang members who were part of an "invasion" of the U.S.—Bove told DOJ lawyers that deportation flights "needed to take off no matter what" and that the agency should "consider telling the courts 'fuck you' and ignore any such order" that would try to stop the forced removals.
In his testimony Wednesday, Bove took issue with the idea that a career government attorney like Reuveni, who was acting deputy director of the Office of Immigration Litigation, "was in a position or considered himself to be, to bind the department's leadership and other Cabinet officials."
Bove suggested Reuveni, who served in the department for 15 years under Democratic and Republican administrations, should not have been empowered to say in a court hearing that the Trump White House had mistakenly deported Kilmar Abrego Garcia, a Maryland man who was sent to El Salvador's Terrorism Confinement Center, as he did in April—just before he was placed on administrative leave and then fired.
Under the "unitary executive" theory, said Accountable.US, Trump alone would control "the DOJ, the Fed, even election oversight. No president should have that kind of power."
Bove expanded on his views regarding presidential power when Sen. Mike Lee (R-Utah) questioned him about "the contours of the president's authority to appoint and remove" executive branch officials.
"Generally speaking," said Bove, "I think the court used the phrase 'all of it' is committed to the president of the United States."
In a column in February, John Bergmayer, legal director of Public Knowledge, warned that with an executive order purporting to place independent regulatory agencies under Trump's control, the president had embraced the fringe "unitary executive" theory and posed "a grave threat to the rule of law and the separation of powers—cornerstones of our constitutional system."
"That this 'unitary executive' theory has made its way from the fringes of academia to the halls of power, and that it has even been accepted by some credulous judges, does not mean that it is right," wrote Bergmayer. "Many legal observers have pointed out the shoddy scholarship and selective history that underpins it. We are a nation of laws, and we cannot be ruled by executive fiat."
At the hearing, Bove denied the allegations in the whistleblower complaint, saying he "never advised a Department of Justice attorney to violate a court order." He told Rep. Adam Schiff (D-Calif.) under questioning that he "did not recall" whether he made the comments detailed in the complaint.
Accountable compiled a list of numerous concerns about Bove's potential appointment to a lifetime seat on the federal judicial bench as part of its Judicial Nominations Watch project.
In addition to the allegations in the complaint, said the group, Bove:
- Created turmoil and chaos in the Justice Department after dropping corruption charges against New York City Mayor Eric Adams, prompting the resignation of multiple staff attorneys, who left in protest;
- Advanced dubious legal arguments meant to throw out or delay Trump's legal cases when he served as his attorney, including by trying to avoid discovery requirements and petitioning to move Trump's New York state criminal case to federal court; and
- Developed a reputation as a federal prosecutor who belittled subordinates and was the subject of an email from defense attorneys expressing concern about his "professionalism" and "power plays"—a document he pinned to a wall as "a badge of honor."
Lena Zwarensteyn, senior director of the fair courts program and an adviser at the Leadership Conference on Civil and Human Rights, said Bove has been shown to be "beyond unfit to serve in a lifetime judgeship."
"His temperament, subversion of the rule of law, and efforts to seek retaliation while at the Justice Department demonstrate that he would not be fair-minded, independent, or committed to protecting the rights of all people in America," said Zwarensteyn. "As his actions have shown, he would only be loyal to the president—rather than to the Constitution and the law—at the expense of the American people and our democracy."
"With each day there are more and more damaging reports and questions about Bove's tenure at both the Justice Department and in the U.S. attorney's office in the Southern District of New York," she added. "Senators must take their constitutional responsibility seriously. They must reject his nomination for the 3rd Circuit."
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