The New York Times reports the disturbing news that President Trump is seriously considering nominating senior DOJ political appointee Emil Bove to a seat on the Third Circuit. Bove has distinguished himself, as NYT puts it, as one of DOJ’s “most formidable and feared political appointees.” He earned attention for his bullying mishandling of the Trump administration’s decision to dismiss the prosecution of New York City mayor Eric Adams. I’ve lost track of the count of highly qualified attorneys—a dozen or so—who left DOJ over the imbroglio.
If Trump does nominate Bove, the NYT article notes, “Democrats are all but certain to use his Senate confirmation process to scrutinize his role in some of the Justice Department’s most contentious actions since Mr. Trump took office.”
One puzzle is why Bove would want the nomination, as a judgeship on the Third Circuit is a big step down from the power that he has been wielding. The article says he “has told friends his longtime goal has been to serve as a federal judge.” His interest in the lifetime tenure that a judicial appointment would provide might have intensified in the face of the various ethics complaints that have been leveled against him. Another harrowing possibility is that he has reason to think that some time on the Third Circuit would position him well for the next Supreme Court vacancy. A rosier possibility is that Bove is tired of being Stephen Miller’s errand boy.
Trump’s initial pick for an appellate seat, Whitney Hermandorfer to the Sixth Circuit, gave an encouraging sign that he would continue his first-term practice of making excellent appellate nominations. Picking Bove would send the opposite message, and it might well deter some sitting judges from stepping down from active service to create more vacancies that Trump could fill.