A new Accountable.US investigation, first reported by Huff Post, has revealed new concerns about Emil Bove, President Donald Trump’s former defense attorney and his “enforcer” within the Department of Justice, who is nominated for a lifetime judgeship on the U.S. Court of Appeals for the Third Circuit. In a Senate questionnaire, Bove revealed that he’s conferred with a top Alliance Defending Freedom (ADF) official to discuss his qualifications, judicial philosophy, and confirmation preparation. ADF is a Southern Poverty Law Center-designated anti-LGBTQ+ hate group that has been instrumental in overturning Roe v. Wade and advancing right-wing legal positions nationwide.
Making matters worse, ADF is actively involved in at least one case, Heaps v. Delaware Valley Regional High School Board of Education, that is set to come before the Third Circuit Court of Appeals. That means, if confirmed, Bove could preside over cases involving an organization he consulted with during his nomination process – a fundamental breach of judicial ethics.
“The red flags on Emil Bove’s judicial nomination are piling up. Bove has shown unflinching loyalty to his former client and current boss, Donald Trump; has refused to commit to recusing himself on cases involving the President; and is the subject of a whistleblower complaint casting doubt on his integrity and highlighting his lack of respect for the law. Now it’s clear that he has also conferred with a far-right legal organization that has matters before the court on which he would serve,” said Accountable.US President Caroline Ciccone. “Bove has repeatedly disregarded the ethical standards of the federal judiciary and the rule of law – his lifetime appointment opens the door for the President and his allies to seek out favorable rulings, no matter how unconstitutional their actions may be. Trust in the judiciary is at an all-time low because of repeated ethical lapses. If the Senate confirms Bove, it will undermine the credibility of the court even further.”
It’s just the latest disqualification for Bove, who is under a whistleblower investigation for misconduct while at the Department of Justice, and has come to be known as the Administration's “hatchet man.” Earlier this month, an Accountable.US research report revealed that Bove has not committed to key recusals ahead of his nomination hearing. In a nomination form, Bove pledged to recuse himself from “situations that present actual conflicts of interest based on my current or prior positions at the Department of Justice” – but he’s refrained from preemptively recusing himself from any future case involving his former client and current boss, Donald Trump.
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