Trump Expresses Disappointment as Tillis Opposes DC Attorney Nominee, Martin
Former President Donald Trump has voiced his disappointment with Republican Senator Thom Tillis of North Carolina, who announced his opposition to the confirmation of Ed Martin as the U.S. attorney for Washington, D.C. Trump’s remarks came during a swearing-in ceremony for the U.S. ambassador to China, David Perdue, held in the Oval Office on Wednesday.
"It’s disappointing because, you know, I know that he’s very talented," Trump stated, highlighting Martin’s qualifications for the role. He further emphasized the positive impact Martin has allegedly had on crime rates in the district during his interim tenure. "Crime is down in Washington, D.C. Street crime, violent crime by 25%. And, that’s, people have seen they’ve noticed a big difference."
Tillis, a member of the Senate Judiciary Committee, which oversees the confirmation process, revealed his decision to reporters on Tuesday after Martin met with Senate lawmakers on Monday. Tillis’s opposition throws the nomination into uncertainty, as the committee consists of 12 Republicans and 10 Democrats.
"I’ve indicated to the White House I wouldn’t support his nomination," Tillis told reporters, signaling a significant hurdle for Martin’s confirmation. The looming May 20 deadline adds further pressure to the situation. If an interim U.S. attorney is not confirmed by the Senate within 120 days, judges on the federal district court for that district have the authority to appoint a new interim U.S. attorney until the position is permanently filled.
This prospect raises concerns for some Republicans, as Judge James Boasberg, an Obama appointee and perceived Trump antagonist who presided over legal challenges to Trump’s deportation policies, currently serves as the chief judge of the U.S. District Court for the District of Columbia.
Trump acknowledged the potential ramifications of Tillis’s stance, stating, "I didn’t know that.… I feel very badly about it, only in the sense that, in this short period of time that he’s been there, crime is down 25% in Washington, D.C., but that’s really up to the senators. If they, you know, feel that way, they have to vote the way they vote, they have to follow their heart and they have to follow their mind."
When questioned about whether Tillis was comfortable with the possibility of a left-leaning court selecting an interim U.S. attorney, his office suggested that Attorney General Pam Bondi could appoint an acting replacement, thus bypassing the involvement of federal judges.
"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," a spokesperson for Tillis’s office told Fox News Digital on Tuesday.
However, the referenced code states, "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. The order of appointment by the court shall be filed with the clerk of the court."
Fox News Digital’s inquiry to the Department of Justice regarding the interpretation of the statute went unanswered as of Wednesday.
The primary point of contention for Tillis appears to be Martin’s past work as a defense attorney, particularly his representation of individuals charged in connection with the January 6, 2021, riot at the Capitol. While Trump granted clemency to numerous January 6 defendants during his time in office, Tillis has expressed reservations about Martin’s involvement in defending those accused of participating in the events of that day.
"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," Tillis stated. "If Mr. Martin were being put forth as a U.S. attorney for any district except the district where Jan. 6 happened, the protest happened, I’d probably support him, but not in this district."
Trump and his allies have actively campaigned for Martin’s confirmation, emphasizing the importance of his role in addressing crime and promoting public safety in the nation’s capital.
"His approval is IMPERATIVE in terms of doing all that has to be done to SAVE LIVES and to, MAKE AMERICA HEALTHY AGAIN," Trump wrote on Truth Social on Monday. "Ed Martin will be a big player in doing so and, I hope, that the Republican Senators will make a commitment to his approval, which is now before them."
The unfolding situation presents a challenge for the Trump administration and highlights the political complexities surrounding the appointment of key legal officials. With the confirmation deadline fast approaching, the fate of Martin’s nomination hangs in the balance, potentially impacting the leadership of the U.S. Attorney’s Office for Washington, D.C., and raising questions about the role of judicial appointments in the district. The potential for a judge-appointed interim U.S. attorney adds another layer of complexity to the situation, given the political backdrop and the scrutiny surrounding the January 6th cases. The back-and-forth regarding the interpretation of legal code further complicates the matter and underscores the high stakes involved.