Emil Bove's confirmation hearing was a travesty

The Guardian

4 days ago

In The Godfather, a Mafia turncoat appears before a Senate committee in order to testify as a protected witness about its operations. Frank Pentangeli, 'Frankie Five Angels', a capo allied with the old godfather, Vito Corleone, has had a falling out with the new one, his son Michael Corleone, who attempted to assassinate him. As Pentangeli is about to speak at the hearing, he notices his brother Vincenzo, a mafioso from Sicily, seated behind him. Michael has arranged his grim looming presence. Pentangeli is suddenly reminded of his oath of omerta, the code of silence. He recants on the spot, saying that he just told the FBI 'what they wanted to hear'.
On 25 June, Emil Bove, Donald Trump's former personal attorney, whom he had named associate deputy attorney general, and now after five months seeks to elevate as a federal judge on the US third circuit court of appeals, appeared before the Senate judiciary committee for his confirmation hearing. He faced, at least potentially, a far-ranging inquiry into his checkered career.
There were charges of abusive behavior as an assistant US attorney. There was his role as enforcer of the alleged extortion of New York City Mayor Eric Adams to cooperate in the Trump administration's migrant roundups in exchange for dropping the federal corruption case against him. There was Bove's dismissal of FBI agents and prosecutors who investigated the January 6 insurrection. And there was more.
On the eve of the hearing, the committee received a shocking letter from a whistleblower, a Department of Justice attorney, who claimed that Bove said, in response to a federal court ruling against the administration's immigration deportation policy: 'DoJ would need to consider telling the courts 'fuck you' and ignore any such order.'
Senator Charles Grassley, Republican of Iowa, the committee chairperson, the ancient mariner of the right wing at 91 years old, gaveled the session to order by invoking new rules never before used with a nominee in a confirmation hearing. Instead of opening the questioning to examine the nominee's past, he would thwart it. Grassley announced that Bove would be shielded by the 'deliberative-process privilege and attorney-client privilege' from 'an intense opposition campaign by my Democratic colleagues and by their media allies'. This was the unique imposition of a code of omerta.
'My understanding is that Congress has never accepted the constitutional validity of either such privilege,' objected Senator Sheldon Whitehouse, Democrat of Rhode Island. 'This witness has no right to invoke that privilege,' said Senator Richard Blumenthal, Democrat of Connecticut. But Grassley stonewalled.
Prominently seated in the audience behind Bove were the US attorney general, Pam Bondi, and the deputy attorney general, Todd Blanche. Never before had such top officials been present at a confirmation hearing for a judicial nominee. The federal government through the justice department would inevitably appear in cases before his court. The attorney general and her deputy created an immediate perception of conflict of interest, an ethical travesty.
But Bondi and Blanche were not there to silence Bove. They were there to intimidate the Republican senators. If there were any dissenters among them, they knew that they would suffer retribution. 'Their being here is for one reason – to whip the Republicans into shape,' said Blumenthal. 'To make sure that they toe the line. They are watching.'
The rise of Emil Bove is the story of how a lawyer from the ranks associated himself with Donald Trump, proved his unswerving loyalty to become a made man, and has been richly rewarded with a nomination for a lifetime federal judgeship, presumably to continue his service. In his opening statement, Bove said: 'I want to be clear about one thing up front: there is a wildly inaccurate caricature of me in the mainstream media. I'm not anybody's henchman. I'm not an enforcer.'
Bove began his career as a paralegal and then a prosecutor in the US attorney's office for the southern district of New York. He was known for his attention to detail, relentlessness and sharp elbows. Seeking a promotion to supervisor, a group of defense attorneys including some who had been prosecutors in his office wrote a letter claiming he had 'deployed questionable tactics, including threatening defendants with increasingly severe charges the lawyers believed he couldn't prove', according to Politico. Bove posted the letter in his office to display his contempt. He was denied the promotion, but eventually received it.
As a supervisor, Bove was known as angry, belittling and difficult. He developed an abrasive relationship with FBI agents. After complaints, an executive committee in the US attorney's office investigated and suggested he be demoted. He pleaded he would exercise more self-control and was allowed to remain in his post. 'You are aware of this inquiry and their recommendation?' Senator Mazie Hirono, Democrat of Hawaii, asked Bove about the incident. Bove replied: 'As well as the fact that I was not removed.'
In 2021, in the prosecution of an individual accused of evading sanctions on Iran, a team Bove supervised as the unit chief won a jury verdict. But then the US attorney's office discovered the case was 'marred by repeated failures to disclose exculpatory evidence and misuse of search-warrant returns' by the prosecutors handling the case, according to the judge. Declaring that 'errors and ethical lapses in this case are pervasive', she vacated the verdict and dismissed the charges as well as chastising those prosecutors for falling short of their 'constitutional and ethical obligations' in 'this unfortunate chapter' and criticizing Bove for providing sufficient supervision to prevent those failures.
Bove became a private attorney, joining the law firm of Todd Blanche, whom Trump hired in 2023 to defend him in the New York case involving his payment of hush-money to the adult film actor Stormy Daniels. Blanche brought Bove along as his second chair. The qualities that made him a black sheep in the US attorney's office recommended him to Blanche and his client. In Bove's questioning of David Pecker, publisher of the National Enquirer, about his payments to women in his 'catch-and-kill' scheme to protect Trump, Bove twice botched the presentation of evidence, was admonished by the judge and apologized. Trump was convicted of 34 felonies of financial fraud to subvert an election.
Upon Trump's election, he appointed Bove as acting deputy attorney general and then associate deputy once Todd Blanche was confirmed as deputy, reuniting the law partners, both Trump defense attorneys now resuming that role in an official capacity.
On 31 January, Bove sent two memos, the first firing dozens of justice department prosecutors and the second firing FBI agents who had worked on the cases of January 6 insurrectionists, whom Trump pardoned on his inauguration day. Bove quoted Trump that their convictions were 'a grave national injustice'. He also had his own history of conflict with fellow prosecutors and FBI agents.
Asked about his actions by Senator Dick Durbin, Democrat of Illinois, Bove presented himself as even-handed. 'I did and continue to condemn unlawful behavior, particularly violence against law enforcement,' he said. 'At the same time, I condemn heavy-handed and unnecessary tactics by prosecutors and agents.'
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In February, Bove played a principal role in filing criminal charges claiming corruption in the Environmental Protection Agency's Greenhouse Gas Reduction Fund. The head of the criminal division at the US attorney's office of the District of Columbia, Denise Cheung, believing there was no factual basis to the accusation, resigned with a statement praising those who are 'following the facts and the law and complying with our moral, ethical and legal obligations'.
When Whitehouse sought to ask Bove about the episode, Bove replied: 'My answer is limited to: 'I participated in the matter.'' Whitehouse turned to Grassley. 'Do you see my point now?' he said. The code of omerta was working to frustrate questioning.
Bove also deflected questions about his central role in the dropping of charges against Eric Adams. The acting US attorney for the southern district of New York, Danielle Sassoon, had resigned in protest, writing in a letter that Bove's memo directing her to dismiss the charges had 'nothing to do with the strength of the case'. She noted that in the meeting to fix 'what amounted to a quid pro quo … Mr Bove admonished a member of my team who took notes during that meeting and directed the collection of those notes at the meeting's conclusion.'
Questioned about the Adams scandal, Bove denied any wrongdoing. Senator John A Kennedy, Republican of Louisiana, played his helpmate. He asked Bove to 'swear to your higher being' that there was no quid pro quo. 'Absolutely not,' Bove said. 'Do you swear on your higher being?' 'On every bone in my body,' Bove replied. Hallelujah!
Then Bove was asked about the letter sent by former justice department lawyer Erez Reuveni alleging that Bove planned the defiance of court rulings against the administration's deportation policy. 'I have never advised a Department of Justice attorney to violate a court order,' Bove said.
Senator Adam Schiff, Democrat of California, repeatedly asked him if it was true he had said 'fuck you' as his suggested plan of action against adverse court decisions. Bove hemmed and hawed, and finally said: 'I don't recall.' Senator Cory Booker, Democrat of New Jersey, remarked: 'I am hoping more evidence is going to come out that shows that you lied before this committee.'
Grassley, however, succeeded in protecting Bove. Bondi and Blanche stared down the Republican senators whose majority can put Bove on the bench. He is Trump's model appointment of what he wants in a judge. In announcing his nomination, Trump tweeted: 'Emil Bove will never let you down!'
In another scene in The Godfather, Virgil 'The Turk' Sollozzo, another Mafia boss, comes to Vito Corleone, offering a deal to cut him in on the narcotics trade. 'I need, Don Corleone,' he says, 'those judges that you carry in your pockets like so many nickels and dimes.' It was an offer that the Godfather refused. He left the drugs, but kept the judges.
Sidney Blumenthal, a former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth. He is a Guardian US columnist and co-host of The Court of History podcast