The Controversial Confirmation of Emil Bove

On July 29, the Senate confirmed Emil Bove as a judge on the 3rd Circuit Court of Appeals. Bove was chosen and nominated by Trump, sent to the Senate Judiciary Committee and eventually to the Senate for a vote. This is a lifelong position that will give Bove influence over a region encompassing New Jersey, Maryland, and Pennsylvania.

Bove passed on a 50-49 vote, with only two Republicans voting with Democrats against the nomination. The Republican senators who voted against Bove were Alaskan Senator Lisa Murkowski (R) and Maine Senator Susan Collins (R). 

Some of the reasons Democrats and even a few Republicans, notably the conservative legal establishment, are so against Bove are that they fear he will weaponize the justice system for political prosecutions, promote MAGA policies above the constitution, and violate judicial ethics. These fears arise from Bove’s past.

Before Bove’s nomination to the Philadelphia-based US Court of Appeals, he served as Trump’s personal criminal defense lawyer. Bove defended Trump in Manhattan when he was charged, and later convicted, of 34 felony counts for business record fraud. In Trump’s second administration, Bove has served as acting deputy attorney general. It is during this tenure that Bove received many whistleblower complaints.

One whistleblower was former Justice Department prosecutor Erez Reuveni, who alleged that Emil Bove advocated for the Trump administration to ignore court orders, ensuring that deportation flights would proceed regardless. Reuveni even claimed that “Bove stated that DOJ would need to consider telling the courts ‘f*** you’ and ignore any such court order.” Bove claims that he does not remember this, but did say he “certainly said things encouraging litigators at the department to fight hard for valid positions.”

Another whistleblower alleged that Bove misled Congress in the case concerning dropping the criminal bribery case against NYC Mayor Eric Adams. The whistleblower further alleged that Bove sought to end the prosecution of the mayor in exchange for a migrant crackdown in the city. Bove later directed prosecutors to drop the case, arguing that it hurt Adams’ ability to follow the Trump Administration’s agenda on illegal immigration.

Democrats’ contempt for Bove culminated when the Senate Judiciary Committee gave its approval for Emil Bove to be forwarded out of committee and to the Senate for a vote. New Jersey Senator Cory Booker (D) called out Iowa Senator Chuck Grassley (R) after he cut off requests for Democrats to speak on Bove’s nomination. Afterwards, Booker and the rest of the Democrats exited the room in a rare protest. 

If there is one notable difference between the first and second Trump administrations, it’s his drive to push his agenda no matter what, even if that means ignoring court orders. However, at least there were court orders against Trump in the first place. What the appointment and confirmation of Trump-loyalist Emil Bove signal for the Judicial branch is a step away from an impartial system, and an easy path for Trump to pass even his most radical agenda.

Extemp Analysis by: Lindsey Zhao

Question: Why is Emil Bove’s nomination to the 3rd Circuit Court of Appeals so consequential?

AGD: Joke about something he lied/refused to answer about in his confirmation hearing!

Background: Like always, set up the Who-What-Why

• Who’s Emil Bove? 

• What is he doing that warrants a question about him? (And what states does the circuit cover?)

• Why are we asking about him/his nomination? 

Answer: Allow trump to carry out his conservative agenda

• Try to stay away from partisan answers like 

3 Points

1. Controversies over election law

   1. the 3rd court encompasses Pennsylvania, an important swing state and a place where election law is challenged a lot 

   2. https://whyy.org/articles/emil-bove-third-circuit-court/#:~:text=Democrats%20criticized%20Bove%20for%20politicizing,%2C%20not%20just%20a%20conservative.%E2%80%9D 

2. Message to young lawyers

   1. Emil Bove is young; appointment sends a message that even despite his controversies, as long as one is loyal to Trump they will be rewarded

   2. https://www.theatlantic.com/ideas/archive/2025/07/the-route-to-a-plum-judicial-appointment/683706/ 

3. Pressuring regional governments

   1. use the example of the whistleblower accusation regarding the Eric Adams issue in the article above to show Bove could be capable of using his power as a federal judge to pressure state/local governments into following Trump’s agenda

Analysis + Concluding Thoughts

Use expectation verification here. What’s the part of Trump’s agenda that he hopes to accomplish by nominating Bove, and how will nominating Bove achieve that goal? Happy practicing!

Read more here:

• Sahil Kapur and Frank Thorp V, NBC News

• Kayla Epstein, BBC

• Aysha Bagchi, USA Today

• Katelyn Polantz and Annie Grayer, CNN

• Joseph Stepansky, Al Jazeera

• Rebecca Beitsch, The Hill