Trump judicial appointee facing 'political activity' ethics charge over controversial stop

A former Donald Trump lawyer who leapfrogged from that position to an FBI job before being appointed to a lifetime position on the federal bench could be headed for a court-ordered investigation after an ethics complaint was filed late Wednesday.

Controversial attorney Emil Bove, who is still under a cloud over his involvement in ignoring another federal judge’s order to halt the forcible deportation of immigrants, is now being scrutinized for attending a Trump rally in a tiny Pennsylvania resort town on Tuesday.

According to a report from the New York Times, Bove was photographed in the crowd at the casino in the Poconos where the president gave a rambling speech, which set in motion the ethics complaint from advocacy group Fix the Court that was filed with the chief judge of the U.S. Court of Appeals for the Third Circuit.

The report notes that Fix the Court’s Gabe Roth is accusing Judge Bove of defying the rules about the “appearance of impropriety” and engaging in “political activity.”

According to Roth, “This was a highly charged, highly political event that no federal judge should have been within shouting distance of,” which led conservative critic, and former Justice Antonin Scalia clerk, Ed Whelan, to tell the Times, “I can’t understand how he could possibly think it appropriate to go there. You can argue about whether the rules clearly prohibit what he did, but he showed terrible judgment.”

On her Substack platform, former U.S. Attorney Joyce Vance piled on and noted that any other federal judge would have avoided the event like it was “the plague.”

As for the possibility of an investigation, she explained, ”Most complaints end with a dismissal, but in some cases, there is an investigation, and it can be significant. When it’s concluded, the special committee submits a report of its findings and recommendations to the judicial council. The council can dismiss a case at this state, or conclude it because corrective action has been taken.”

She added that no matter what happens to Bove — which could include censure or being suspended from hearing cases — federal appointees, “... get life tenure. In exchange, they should refrain from behavior that is arguably permissible if it could damage the integrity of the judiciary or create even an appearance of impropriety.”

Echoing comments Bove reportedly made in the deportation imbroglio that is still going on, Vance wrote, “ That’s the job. If you don’t want it, then don’t become a federal judge. Otherwise, you might just as well say ‘F--- the courts.’”