A prominent national security lawyer slammed Emil Bove, who was recently confirmed to a lifetime judicial position despite broad concerns from attorneys and former judges, after the embattled Trump loyalist found himself in more hot water.
In the days since Bove was narrowly confirmed to the U.S. Court of Appeals for the Third Circuit despite allegations of judicial malpractice, he has attended meetings at the Justice Department, The New York Times reported, adding the move "raised eyebrows" among legal experts.
Bove should have cut ties with the Justice Department, where he served as associate deputy attorney general beginning in January. By attending functions in the building, he may be forced to recuse himself at a later date after he's sworn in, according to the report.
“The code of conduct for federal judges does not appear to apply to Mr. Bove,” The Times wrote. “Some legal experts said that working for the administration after being confirmed could undermine faith in the court system. Others expressed worry that Mr. Bove could expose himself to potential conflicts, advising Justice Department officials on matters that may eventually land before him as a federal judge.”
National security attorney Mark S. Zaid blasted the Trump administration on X over the report.
"One would have previously ascribed these unforced errors as just mistakes but we're far past that now. This Administration and its senior officials simply don't care about norms, ethics or laws. This is a spiral to the bottom for individual gains, benefits and power," he wrote.
Many others also took issue.
"The only reason for Emil Bove to be still showing up for Trump administration photo opps (in this photo from Trump’s D.C. takeover, peeking out at top right) is that Emil Bove understands himself to be part of the Trump administration on an ongoing basis," wrote Jay Willis, editor in chief of Balls and Strikes, a nonprofit media outlet that covers the courts.
Leah Litman, a University of Michigan law professor, called the report "incredible."
"10/10 no notes. Emil Bove continued to work at DOJ - for the administration- after he was confirmed as a judge. Almost as if he doesn’t think his role, defending stuff Trump did, changed once he became a judge! (sure he wasn’t sworn in but AYFKM???)"
Jacob T. Levy, a professor of political theory at McGill University, wrote on Bluesky, "'Has raised eyebrows' is the 'racially tinged' of 'critics say.'"
Anthony Michael Kreis, a constitutional law professor, wrote on Bluesky, "If he had been sworn in, by definition under federal law, this would be a 'high misdemeanor.' Still, this is egregiously unbecoming for a soon-to-be seated federal judge."