In a narrowly divided vote, the U.S. Senate has confirmed Emil Bove, a former defense attorney for President Donald Trump, to a lifetime position on the U.S. Court of Appeals for the Third Circuit, despite facing significant opposition and controversy.
On Tuesday, the Senate voted 50–49 to approve Bove’s appointment to the Philadelphia-based court, which hears appeals from Delaware, New Jersey, and Pennsylvania. All Democratic senators opposed the nomination, joined by Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska.
“He has a strong legal background and has served his country honorably. I believe he will be diligent, capable and a fair jurist,” said Sen. Chuck Grassley, an Iowa Republican and chair of the Senate Judiciary Committee, while speaking on the Senate floor before the vote.
Bove’s nomination has drawn intense scrutiny from legal professionals, former prosecutors, and Justice Department officials, many of whom had urged the Senate to block his confirmation. Central to the opposition were whistleblower claims alleging that Bove encouraged Justice Department attorneys to disregard court rulings—a revelation that prompted Democrats to call for a delay in the confirmation process. Their calls were ignored, and during a committee vote earlier this month, all Democratic members walked out in protest.
Since then, two additional whistleblowers have come forward, submitting evidence to the Justice Department’s internal watchdog and to lawmakers. According to Whistleblower Aid, which represents one of the informants, and a report from The Washington Post, some of this evidence was given to Sen. Cory Booker of New Jersey, a member of the Judiciary Committee.
Senators Booker and Adam Schiff of California formally asked the Justice Department’s acting inspector general whether an investigation had been launched into the claims against Bove. They described the allegations as “troubling.”
Bove previously defended Mr. Trump in multiple criminal cases and later held top posts in the Justice Department, including a brief stint as acting deputy attorney general during the early weeks of Trump’s second term, until the Senate confirmed Todd Blanche—another Trump defense attorney—to the role.
Bove’s time at the Justice Department was also marred by claims that he led mass firings targeting officials who were allegedly not sufficiently loyal to the Trump administration. Among those reportedly dismissed were individuals connected to Special Counsel Jack Smith’s investigations, which had resulted in two cases that were subsequently dropped.
He was also embroiled in a contentious episode involving the federal case against New York City Mayor Eric Adams. Bove reportedly ordered prosecutors to drop charges against the mayor in exchange for Adams’ cooperation on immigration enforcement. Several members of the prosecution team resigned following the directive, viewing it as a politically motivated exchange.
In response, Bove defended his actions in a questionnaire submitted to the Senate Judiciary Committee, stating the decision to dismiss the indictment fell within normal prosecutorial discretion. He also argued that Adams’ own court filings refute any suggestion of an “improper quid pro quo.”
Further ethical concerns emerged from Erez Reuveni, a former Justice Department attorney who filed a whistleblower report with Congress last month. Reuveni alleged that Bove encouraged top officials to ignore judicial orders concerning the removal of migrants under the wartime Alien Enemies Act.
During a March meeting about deportation flights, Reuveni claimed Bove advised that if a judge intervened, the department might need to tell the courts to “f**k you.”
Text messages and emails submitted by Reuveni to lawmakers reportedly document this sentiment, with a second whistleblower confirming the claims through documents sent to the department’s internal oversight office, according to Whistleblower Aid.
Reuveni, who had served in the department for nearly 15 years and was recently promoted to acting deputy director of the Office of Immigration Litigation, was dismissed in April. His termination followed his courtroom disclosure that a Salvadoran man, Kilmar Abrego Garcia, had been improperly deported—a move that the Trump administration admitted was an “administrative error” and an “oversight.”
Democrats on the Judiciary Committee sought to delay Bove’s confirmation to allow Reuveni to testify, but their efforts were blocked by Grassley.
The White House and the Justice Department have stood firmly behind Bove, dismissing Reuveni as a “disgruntled former employee.” Grassley sharply criticized Democrats, accusing them of attempting to obstruct nearly every Trump judicial nominee.
“The vicious rhetoric, unfair accusations and abuse directed at Mr. Bove by some on this committee, it has crossed the line,” Grassley said.
Todd Blanche, now serving as the deputy attorney general, also came to Bove’s defense.
In a Fox News op-ed, he wrote, “Bove is the most capable and principled lawyer I have ever known,” adding that his “legal acumen is extraordinary and his moral clarity is above reproach.”
Despite the cloud of controversy, Bove now takes his seat on the federal bench—a confirmation that is expected to have lasting influence in the judicial system of the Third Circuit.
