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Senator Thom Tillis has placed the responsibility on President Trump regarding the nomination of a U.S. attorney for the District of Columbia. This comes after the North Carolina Republican opposed Trump’s choice, raising concerns about potential judicial influence if a nominee is not confirmed.
Tillis, a member of the Senate Judiciary Committee, is involved in overseeing the confirmation process for Ed Martin, Trump’s nominee to serve as U.S. attorney for the District of Columbia. Martin has been acting in this role since Trump’s inauguration on January 20. As the deadline for confirmation approaches on May 20, the pressure is mounting.
On Monday, Martin met with Senate lawmakers. However, Tillis expressed to reporters on Tuesday that he would not support Martin’s nomination. The committee, with a balance of 12 Republicans and 10 Democrats, has yet to schedule a vote on the nomination.
“I’ve indicated to the White House I wouldn’t support his nomination,” Tillis stated during a press briefing.
If the Senate does not confirm a U.S. attorney within 120 days, judges from the federal district court can appoint an interim U.S. attorney for that district. If this were to happen, Judge James Boasberg, an Obama appointee and a known critic of Trump, would have a role in the decision. Boasberg has been central to legal battles regarding Trump’s immigration policies.
When questioned about his comfort level with a left-leaning court appointing an interim U.S. attorney, Tillis’s office conveyed that they believe Attorney General Pam Bondi retains the authority to name an acting replacement, thereby avoiding federal judges’ involvement.
In alignment with this perspective, a spokesperson for Tillis informed reporters, “Our understanding is that if the Senate does not confirm a U.S. attorney before the acting U.S. attorney’s term expires, the attorney general can still pick the next acting replacement as long as it is done before the original appointment expires under 28 USC 546.” This code stipulates that an acting U.S. attorney can be appointed by the district court if the Senate fails to confirm a nominee prior to the expiration of the acting appointment.
Ed Martin’s background includes working as a defense attorney for individuals charged in the January 6, 2021, Capitol riots. This association raised eyebrows for Tillis, who made his objections known during discussions with the media. “Mr. Martin did a good job of explaining that some individuals were unjustly prosecuted. Yet, there are many who received pardons that should never have been granted,” Tillis commented.
Although Tillis has openly criticized the unrest associated with the January 6 protests, he has previously acknowledged the complexities surrounding the event. He remarked that if Martin’s nomination were for any district other than the one involved in the January 6 incident, he would possibly support him.
Amidst this political fray, Trump continues to rally behind Martin. The urgency to confirm Martin is heightened, with Trump stating on Truth Social, “His approval is imperative for addressing urgent matters to save lives and restore health in America.”
Support for Martin extends beyond the White House, as 23 state attorneys general sent a letter to Senate Majority Leader John Thune and Senate Judiciary Committee chair Chuck Grassley urging a swift confirmation. The letter highlighted concerns about the security issues in the District of Columbia, attributing them in part to alleged mismanagement under Biden’s appointees.
The letter reads, “To put it bluntly, the District of Columbia is broken. Four years of alleged corruption, mismanagement, and neglect in the U.S. Attorney’s Office under President Biden must be addressed. The District deserves a U.S. Attorney committed to restoring the rule of law, and Ed Martin is the right person to achieve that goal. We strongly encourage the Senate to confirm him as soon as possible.”
Indiana Attorney General Todd Rokita, who led the effort to gather support for Martin, expressed pride in advocating for a candidate he believes can restore law and order in the nation’s capital. He stated that Martin’s leadership has already demonstrated significant positive impacts and called for the Senate to act promptly to ensure that critical efforts to uphold the law are not interrupted.
As the clock ticks down to the Senate’s confirmation deadline, the dynamic around Martin’s nomination will continue to evolve. The interplay between party loyalties, judicial implications, and the pressing need for leadership in the District of Columbia has set the stage for what could be a pivotal moment in local and national politics.
All eyes remain on the Senate Judiciary Committee as they prepare to navigate these complex issues in their evaluation of Ed Martin’s nomination.
