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"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.
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."
"Mr. Bove's egregious record of mistreating law enforcement officers, abusing power, and disregarding the law itself disqualifies him for this position."
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."
"His words and actions show he is loyal to Donald Trump—not the Constitution," said one progressive advocate.
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."