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President Donald Trump expressed his disappointment regarding North Carolina Senator Thom Tillis’ refusal to support Ed Martin as his nominee for U.S. attorney for Washington, D.C. The comments were made during a media interaction that took place in the Oval Office.
While participating in a swearing-in ceremony for the U.S. ambassador to China, David Perdue, Trump stated, “It’s disappointing because, you know, I know that he’s very talented.” The president highlighted that crime has significantly decreased in Washington, D.C., specifically mentioning reductions in street and violent crime by 25%. He remarked, “People have seen they’ve noticed a big difference.”
Tillis, a member of the Senate Judiciary Committee responsible for the confirmation process, previously served as an interim U.S. attorney since Trump’s inauguration on January 20. Martin’s nomination is now under heightened scrutiny as the committee faces a May 20 deadline to confirm the nominee.
After meeting with Senate lawmakers on Monday, Tillis informed reporters on Tuesday that he would not support Martin’s confirmation. This revelation leaves Martin’s nomination in limbo within a committee composed of 12 Republicans and 10 Democrats.
Tillis Addresses His Position
Tillis explicitly communicated his decision, saying, “I’ve indicated to the White House I wouldn’t support his nomination.” His position complicates Martin’s chances for confirmation, keeping the nomination under intense review.
Potential Consequences of Non-Confirmation
The stakes are high, as an interim U.S. attorney must be confirmed by the Senate within 120 days. If this does not occur, judges from the federal district court could appoint a new interim U.S. attorney until the position is filled. A looming concern is Judge James Boasberg, an Obama-appointed judge known for overseeing legal actions against Trump’s policies. He currently serves as the chief judge of the U.S. District Court for the District of Columbia.
Trump continued, stating, “I feel very badly about it.” He further emphasized that despite Martin’s efforts leading to reduced crime in D.C., the decision ultimately rests with the senators, who must act in accordance with their convictions. His comments reflect the intricate balance of political power in this confirmation process.
The Role of the Attorney General
When queried about Tillis’ confidence in a left-leaning court selecting an interim U.S. attorney, his office released information indicating a belief that Attorney General Pam Bondi could appoint an acting replacement. This avenue might bypass the need for federal judges’ involvement.
According to a spokesperson for Tillis’ office, “Our understanding is that if the Senate does not confirm a U.S. attorney before an 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 legal aspect is important for understanding the intricacies of the U.S. attorney nomination process.
Legal Nuances and Potential Appointments
The law indicates, “If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled.” This creates a further layer of complexity regarding who will ultimately hold this critical position.
Background on Ed Martin
Ed Martin previously held a role as a defense attorney and represented individuals charged in connection to the January 6, 2021, Capitol riot. This affiliation elicited disapproval from Tillis, who communicated his concerns to reporters on Tuesday. Trump himself has taken significant actions by granting clemency to over 1,500 defendants related to January 6 upon taking office.
Future Prospects for Martin’s Nomination
Tillis articulated, “Mr. Martin did a good job of explaining the one area that I think he’s probably right, that there were some people that were over-prosecuted, but there were some 200 or 300 of them that should have never gotten a pardon.” He added, “If Mr. Martin were being put forth as a U.S. attorney for any district except the district where January 6 happened, I’d probably support him; but not in this district.”
Amid this uncertainty, Trump and his administration have intensified efforts to advocate for Martin’s approval as the critical deadline approaches. In a post shared on Truth Social, Trump stated, “His approval is IMPERATIVE in terms of doing all that has to be done to SAVE LIVES and to MAKE AMERICA HEALTHY AGAIN.”
Trump concluded with a call to action for Republican senators, expressing hope that they will commit to supporting Martin’s nomination as it rests heavily upon their decision-making.
