Trump nominates former defense attorney Emil Bove for federal appeals court vacancy

President Donald Trump announced he will nominate Emil Bove, a Justice Department official and his former defense attorney, to serve on the U.S. Court of Appeals for the Third Circuit, a controversial choice that comes as the president continues to attack so-called ‘activist’ judges for blocking his agenda.

In a post on Truth Social, Trump praised Bove as ‘SMART, TOUGH, and respected by everyone.’

‘He will end the Weaponization of Justice, restore the Rule of Law, and do anything else that is necessary to, MAKE AMERICA GREAT AGAIN,’ Trump added.

U.S. Attorney General Pam Bondi also praised his nomination on X. Emil has been ‘indispensable partner at the Department of Justice’ she said, and ‘has worked tirelessly from day one as we make America safe again.’

‘It is hard to imagine going to work without Emil, but our loss here at DOJ will be the country’s gain!’ she added.

There are two vacancies on the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey and Delaware. If confirmed, Bove he would serve a lifetime appointment on the federal bench.

Bove faces an uncertain path to confirmation, as Democrats have sharply criticized President Trump’s efforts to install loyalists atop the DOJ and FBI. His nomination is likely to spark a contentious confirmation battle, with Senate Judiciary Committee Democrats expected to use the process to press Bove under oath on some of the administration’s most controversial actions.

Ed Whelan, a conservative legal scholar and senior Justice Department official during the George W. Bush administration, voiced some of these concerns on social media Wednesday afternoon. 

‘Trump’s assurance that Emil Bove as a judge would do ‘anything else that is necessary to, MAKE AMERICA GREAT AGAIN’ presents an odd and highly politicized understanding of the judicial role,’ he said on X. 

News of his nomination comes weeks after Trump installed Ed Martin, his controversial former nominee to serve as U.S. Attorney for the District of Columbia, to serve as the Justice Department’s pardon attorney. The role gives Martin broad oversight, including leadership of the so-called ‘weaponization working group’ within the Justice Department formed under Trump.

Prior to his installation at the Justice Department, Bove spent nearly 10 years as a U.S. prosecutor for the Southern District of New York. He also defended Trump in two of his criminal trials following his first term in the White House.

In each of these roles and at DOJ, Bove’s hard-charging tactics have solidified his reputation as a fierce, loyal and, at times, aggressive leader. 

He has emerged as the man behind some of the Justice Department’s most contentious actions during Trump’s second term, prompting some officials to resign rather than carry out his marching orders. 

Shortly after taking office, Bove sent a memo threatening state and city officials with criminal charges or civil penalties if they failed to comply with the Trump administration’s crackdown on immigration or slow-walked their orders on enforcement. 

It was also Bove who ordered federal prosecutors for the Southern District of New York to file a motion to dismiss charges against New York City Mayor Eric Adams. That order prompted a string of resignations from personnel, including acting U.S attorney for the section Danielle Sassoon, who chose to leave DOJ rather than drop the case.

Fox News also reported earlier this year that Bove was behind an exhaustive questionnaire sent to FBI agents detailing their roles in the Jan. 6 investigations. 

Questions ranged from agents’ participation in any grand jury subpoenas to whether the agents worked or responded to leads from another FBI field office or if they worked as a case agent for investigations.

Former Justice Department officials have cited concerns that the probe or any retaliatory measures carried out as a result could have a chilling effect on the work of the FBI, including its more than 52 separate field offices.

Ed Whelan, a conservative legal scholar and senior Justice Department official during the George W. Bush administration, voiced some of these concerns on social media Wednesday afternoon. ‘Trump’s assurance that Emil Bove as a judge would do ‘anything else that is necessary to, MAKE AMERICA GREAT AGAIN’ presents an odd and highly politicized understanding of the judicial role,’ he said on X.

The group cited in particular the order from then-Acting Deputy Attorney General Emil Bove to terminate the entire FBI senior leadership team and the assistant director in charge of the Washington Field Office.