The Senate on Tuesday confirmed Emil Bove to a federal appeals court in a razor-thin 50–49 vote, capping a fiercely contentious nomination process that saw the former Trump attorney and current Justice Department official accused of prioritizing political loyalty over the law.
Bove, who previously represented President Donald Trump in several criminal cases and now serves in a senior DOJ role, was confirmed to the U.S. Court of Appeals for the 3rd Circuit, which covers Pennsylvania, New Jersey, Delaware, and the Virgin Islands.
Two Republican senators, Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine), broke ranks and voted with Democrats against the nomination. Sen. Bill Hagerty (R-Tenn.) was absent and did not cast a vote.
Bove’s confirmation has drawn sharp criticism, particularly after three separate whistleblowers came forward accusing him of unethical behavior. Among the most serious allegations: that Bove pressured subordinates to ignore court rulings that conflicted with President Trump’s immigration crackdown, and that he misled the Senate about his role in dropping public corruption charges against New York City Mayor Eric Adams. The dismissal reportedly triggered the removal of multiple prosecutors from both the U.S. Attorney’s Office in Manhattan and the DOJ’s public integrity division.
One whistleblower, former DOJ attorney Erez Reuveni, publicly accused Bove of urging staff during a March meeting to circumvent judicial orders. Another whistleblower submitted evidence to lawmakers just days before the vote, claiming Bove was not truthful during his confirmation hearing.
Senate Majority Leader Chuck Schumer (D-N.Y.) condemned the confirmation. “It seems very likely Mr. Bove lied to senators,” he said. “He never should become a federal judge. This is a dark day.”
Sen. Collins also cited concerns over Bove’s impartiality. “Mr. Bove’s political profile and some of his actions at the Department of Justice cause me to conclude he would not serve as an impartial jurist,” she said in a statement.
Despite those concerns, most Republicans stood by the nominee. Sen. Thom Tillis (R-N.C.), who previously opposed another Trump nominee over Jan. 6 ties, dismissed the timing of the newest whistleblower claims. “If someone wants to be taken seriously, they need to come forward earlier,” he said, arguing the committee process was followed.
Bove is the most controversial of the 15 judges President Trump has nominated during his second term. Hundreds of former federal prosecutors signed a letter opposing him, calling Bove “the worst conceivable nominee.”
His swift confirmation comes as Trump continues to reshape the federal judiciary with nominees who share his administration’s legal and political philosophies.
