Trump considers Emil Bove for Third Circuit judge amid ethics concerns

President Donald Trump is considering nominating Emil Bove III, a top Justice Department official, to be a federal appeals judge, according to people familiar with the matter shared with The New York Times, highlighting the president's potential selection for a key judicial position. Bove, 44, formerly served as a criminal defense lawyer for Trump and as a federal prosecutor in New York.

He played a central role in the Justice Department's recent request to dismiss corruption charges against New York Mayor Eric Adams. As one of the department's most influential political appointees in the second Trump administration, Bove is being considered for a vacancy on the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey, and Delaware. The Times reports there are currently two vacancies on this court—one based in New Jersey and one in Delaware—though it remains unclear which seat Bove might fill, as he owns property in Pennsylvania and some conservatives advocate moving the Delaware-based seat to Pennsylvania.

Bove's potential nomination comes after his rapid rise within the Justice Department, CNN reports, where he briefly served as interim deputy attorney general—one of the most powerful positions in the department—immediately following Trump's January inauguration. During his tenure in this role, according to information obtained by CNN, Bove quickly established himself as what some describe as "Trump's hatchet man." Just two days after the inauguration, he issued a memo threatening to prosecute state and local officials who resisted the administration's federal immigration crackdown.

He subsequently ordered the firing of eight senior FBI officials and demanded details on thousands of employees who worked on the Jan. 6 Capitol riot investigations. CNN's reporting reveals that Bove's most controversial action involved filing to dismiss corruption charges against New York City Mayor Eric Adams, a decision that prompted numerous resignations from career prosecutors who characterized it as a "quid pro quo."

The National Review describes Bove's potential nomination as "disturbing news," noting his reputation for "bullying mishandling" of the Trump administration's decision to dismiss the Adams prosecution. This conservative publication points out that approximately a dozen highly qualified attorneys left the Department of Justice over this controversy. The Review questions why Bove would pursue a judgeship, suggesting it represents a significant step down from his current power, although the speculations are based on their analysis that lifetime tenure might appeal to him, given the ethics complaints filed against him.

Another concern raised by the National Review is that Bove sees the Third Circuit position as a stepping stone to a future Supreme Court vacancy. The publication contrasts this potential nomination with Trump's earlier selection of Whitney Hermandorfer for the Sixth Circuit, which they viewed positively, warning that appointing Bove would send a contradictory message about the quality of Trump's judicial nominees, according to the National Review's assessment of appropriate judicial temperament.

Sources:

https://www.nytimes.com/2025/05/19/us/politics/emil-bove-circuit-court-federal-appeals.html

https://www.cnn.com/2025/05/19/politics/trump-bove-federal-judge

https://www.nationalreview.com/bench-memos/will-trump-nominate-doj-henchman-emil-bove-to-appellate-seat/