Emil Bove, President Donald Trump's nominee to be a judge for the 3rd Circuit, testifies during his Senate Judiciary Committee nomination hearing on June 25, 2025 in Washington, D.C. (Photo by Kevin Dietsch/Getty Images)

WASHINGTON — The U.S. Senate on Tuesday night confirmed President Donald Trump’s former criminal defense attorney, Emil Bove, to a lifetime position on the federal appeals bench, in the face of whistleblower allegations and criticism from former judges and advocates.

Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine broke with their party and joined all Democrats in a 50-49 vote to oppose Bove’s confirmation to the U.S. Appeals Court for the 3rd Circuit, which handles cases for Delaware, New Jersey, Pennsylvania and the U.S. Virgin Islands.

Bove, 44, currently holds the position of principal associate deputy attorney general at the U.S. Justice Department. Trump initially appointed Bove as acting attorney general at the start of the president’s second term.

The former federal prosecutor and private defense attorney faced numerous accusations of misconduct throughout his confirmation process.

Democrats walked out of a July 17 committee vote to advance Bove’s nomination, largely protesting the GOP-led panel’s refusal to hear further testimony from a whistleblower who alleged Bove suggested defying a federal court order.

Longtime Justice Department senior official Erez Reuveni, who served in the first Trump administration, blew the whistle on Bove for a March 14 meeting during which he allegedly suggested subordinates tell the federal courts “f— you” if a judge ordered a halt to Trump’s deportation flights to El Salvador. A second whistleblower corroborated the alleged comment, according to a CNN report Sunday.

Senate Democrats, former judges and advocates also voiced concern over Bove’s alleged unethical behavior, including questions about his role as a top Justice official in the dismissal of federal bribery charges against New York City Mayor Eric Adams and in the firing of prosecutors who worked on cases probing the Jan. 6, 2021, storming of the U.S. Capitol.

Bove has denied any wrongdoing.

Critics also pointed to a trail of allegations from Bove’s former colleagues in the U.S. attorney’s office for the Southern District of New York that he created a hostile work environment, as first reported by Politico in February.

‘Unfair accusations and abuse’

On Monday, the Washington Post reported that a third whistleblower had come forward, this time alleging the top Justice Department office misled the Senate Committee on the Judiciary in testimony regarding the dropped charges against Adams.

Sen. Chuck Grassley, who chairs the committee tasked with vetting judicial nominees, said on the floor ahead of the vote that Democrats “grossly mischaracterized” allegations against Bove.

“I have serious concerns with how my Democratic colleagues have conducted themselves — the vicious rhetoric, unfair accusations and abuse directed at Mr. Bove,” the Iowa Republican said.

Grassley said he asked Bove to put in writing his response to the latest whistleblower accusations.

“In his letter, Mr. Bove flatly denies the allegations that he misled the committee,” Grassley said.

In the seven-page letter made public by Grassley Tuesday evening, Bove dismissed the accusations as a “partisan smear campaign” and a “sham.”

“I understand that a lifetime appointment to a federal court of appeals is a serious matter. I welcome serious scrutiny of my record and my service to this country. My record includes 32 appeals, 13 trials, nearly a decade as a federal prosecutor, clerkships in federal trial and appellate courts, successfully defending the President of the United States, and helping lead the Department of Justice,” Bove wrote.

“Principled evaluation of that record, separated from the raw political warfare by Democrats that has tainted this process, confirms that I will be a fearless, independent judge committed to justice and the rule of law,” he continued.

‘So wrong, so unusual’

Senate Democrats railed against the nomination Tuesday.

Sen. Sheldon Whitehouse, a member of the Senate Judiciary Committee, said ahead of the vote the allegations against Bove “were not minor episodes of prosecutorial misconduct.”

“What we’re about to do is so wrong, so unusual, that even if these remarks will have no effect whatsoever, I feel obliged to come to the floor,” the Rhode Island lawmaker said.

Sen. Dick Durbin, the top Democrat on the Judiciary Committee, wrote in a social media post that “Three credible whistleblowers have come forward with serious allegations against Emil Bove, a Trump judicial nominee. Republicans are ignoring them and rushing to confirm Bove anyway.”

“They’re afraid of the truth… and Donald Trump’s wrath. Shameful,” Durbin, of Illinois, continued.

In a statement issued Tuesday afternoon by the Not Above the Law Coalition, the organization’s leaders said Bove is “unfit for a lifetime appointment to the federal bench.”

“His record of misconduct and disdain for the rule of law is a direct threat to judicial independence and Americans’ rights and freedoms. Any senator who votes to confirm Bove is making clear that their loyalty lies with Donald Trump, not the people they serve or the Constitution they swore to uphold,” the statement continued from the coalition’s co-chairs, including Lisa Gilbert, co-president of Public Citizen; Praveen Fernandes, vice president of the Constitutional Accountability Center; Kelsey Herbert, campaign director at MoveOn; and Brett Edkins, managing director for policy and political affairs at Stand Up America.