Trump Names Emil Bove To Be Federal Judge—Following Eric Adams Controversy And Misconduct Complaint

Topline

President Donald Trump named his former personal lawyer Emil Bove on Wednesday to be a federal appeals court judge, the latest instance of Trump promoting one of his personal defense attorneys to a higher government position and coming as Bove faces accusations of misconduct over his handling of New York City Mayor Eric Adams’ criminal case.

Attorney Emil Bove looks on during President Donald Trump’s sentencing hearing at Manhattan Criminal … More Court on January 10 in New York City.

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Key Facts

Trump said on Truth Social he was nominating Bove to serve as a judge on the U.S. Court of Appeals for the Third Circuit, which covers legal cases in Pennsylvania, New Jersey, Delaware and the Virgin Islands, describing his former attorney as “SMART, TOUGH, and respected by everyone” and saying he will do “anything” to “MAKE AMERICA GREAT AGAIN.”

Bove served as one of Trump’s defense attorneys during the president’s criminal trial in New York last year, and has more recently served at the Justice Department as acting deputy attorney general and principal associate deputy attorney general, which is his current role.

The prosecutor garnered significant controversy while serving as acting deputy attorney general—before a different former Trump lawyer, Todd Blanche, was confirmed in the role—as he directed DOJ prosecutors to drop criminal charges against Adams, who was indicted on federal fraud and bribery charges due to allegations of receiving gifts in exchange for political favors (which Adams denied).

Bove wrote in a memo that the move was not based on “the strength of the evidence or the legal theories on which the case is based,” but that it “unduly restricted Mayor Adams’ ability” to tackle “illegal immigration and violent crime”—which prompted a string of DOJ prosecutors to resign rather than carry out Bove’s directive.

Multiple prosecutors denounced Bove in their letters announcing their resignations, with former U.S. Attorney Danielle Sassoon calling Bove’s request a “quid pro quo” in exchange for Adams’ helping Trump’s immigration plans, writing Bove “appears to concede” that Adams “should receive leniency for federal crimes solely because” he can use his position as mayor “to assist in the Administration’s policy priorities.”

Democratic senators filed a misconduct complaint against Bove with the New York State Bar in March, alleging Bove “abused his position” by pressuring prosecutors to drop Adams’ charges and violated professional rules barring lawyers from “improperly influenc[ing]” public officials, “engaging in conduct that is prejudicial to the administration of justice,” instructing other lawyers to commit misconduct and committing “conduct that adversely reflects one’s fitness to be a lawyer.”

What To Watch For

Bove will still need to be formally confirmed by the Senate before he can become an appeals court judge, and it remains to be seen how long that process could take. While Democrats are all but certain to oppose the prosecutor’s nomination, Republicans’ majority in the Senate makes it likely Bove will still be confirmed.

Who Is Emil Bove?

Prior to becoming Trump’s personal attorney, Bove served as an assistant U.S. attorney for the Southern District of New York, where he co-led its national security unit and narcotics unit. While he flew more under the radar prior to Trump’s inauguration, as compared with some of the president’s other personal attorneys, he’s faced greater scrutiny in the wake of his ascension to the DOJ, as reports indicate he was a polarizing figure at the Southern District of New York. Politico reported in February that the U.S. attorney’s office conducted an inquiry into Bove during his time at the Southern District of New York due to his “harsh” management style, which sources described to the outlet as being “abusive.” The inquiry concluded Bove should be demoted, but that order was never carried out. While he’s no longer serving as deputy attorney general at the DOJ, The New York Times reports Bove is still playing a “pivotal” role at the agency, particularly in terms of working on the Trump administration’s immigration agenda with Trump adviser Stephen Miller. Bove has long said privately that his goal is to become a federal judge, according to the Times.

Who Else Has Trump Nominated To Be Judges?

Trump has started making the first judicial nominations of his second term in recent weeks, elevating lawyers who support his policy views to the federal bench as White House officials rail against existing federal judges for striking down the president’s policies. Among the people Trump has so far named for federal judgeships are Whitney D. Hermandorfer, who challenged Biden-era policies related to transgender and abortion rights in her role at the Tennessee attorney general’s office, and multiple officials from the Missouri attorney general’s office, which led the lawsuit against the Biden administration’s sweeping student loan forgiveness plan, among other policies. Missouri Solicitor General Josh Divine, whom Trump nominated to be a district court judge in Missouri, was also the chief counsel to Sen. Josh Hawley, R-Mo. Left-leaning watchdog Accountable.US noted Wednesday that Divine and Maria A. Lanahan, whom Trump also named to be a district judge in Missouri, are behind an ongoing lawsuit seeking to revoke federal approval of the abortion drug mifepristone.

Key Background

Bove is one of a number of Trump’s former personal attorneys whom the president has rewarded with lucrative government roles. Trump named Blanche to be deputy attorney general after the lawyer served as Trump’s lead defense counsel in his criminal trial last year, also working with the now-president on his federal criminal cases, which have since been dropped. The president also named longtime personal attorney Alina Habba to first be an adviser to him at the White House, and then went on to promote her to be the U.S. Attorney in New Jersey. Attorney Dean John Sauer, who argued Trump’s claims of “presidential immunity” from criminal charges, is now the solicitor general, who serves as the government’s attorney arguing cases before the Supreme Court.