Senator Tillis Blocks Trump’s Pick for DC US Attorney, Raising Concerns of Judicial Appointment

Senator Thom Tillis, a Republican from North Carolina, is facing scrutiny after voicing his opposition to President Donald Trump’s nominee for the U.S. Attorney for the District of Columbia, Ed Martin. This move has ignited a debate over who will ultimately fill the crucial role, with the possibility of a federal court, potentially led by an Obama-appointed judge, stepping in to select an interim replacement.

Tillis’s stance puts pressure on the Trump administration to identify a new candidate quickly, avoiding a scenario where the decision falls to the judiciary. The senator, a member of the Senate Judiciary Committee responsible for overseeing Martin’s confirmation, publicly announced his lack of support, casting uncertainty on Martin’s prospects.

Martin, who has been serving as the interim U.S. Attorney since Trump’s inauguration, faces a looming May 20 deadline for confirmation. The Judiciary Committee, composed of 12 Republicans and 10 Democrats, has yet to schedule a vote on his nomination, further complicating the situation.

"I’ve indicated to the White House I wouldn’t support his nomination," Tillis stated, raising the stakes in the confirmation battle.

The looming deadline raises the specter of a court-appointed interim U.S. Attorney. If the Senate fails to confirm a nominee within 120 days, federal judges in the district could appoint a temporary replacement until a permanent selection is made. This possibility has sparked concerns, particularly given that Judge James Boasberg, an Obama appointee known for his involvement in legal challenges to Trump’s immigration policies, serves as the chief judge of the U.S. District Court for the District of Columbia.

When questioned about the potential for a "left-wing court" selecting the interim U.S. Attorney, Tillis’s office downplayed the concern. His office indicated that Attorney General Pam Bondi could appoint an acting replacement, circumventing judicial involvement.

"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 clarified.

However, the office’s reference to 28 U.S. Code § 546 contradicts their assertion. The code explicitly states that if an appointment expires, "the district court for such district may appoint a United States attorney to serve until the vacancy is filled."

Tillis’s opposition to Martin stems from the nominee’s past work as a defense attorney, specifically representing individuals charged in connection with the January 6th Capitol riot. Tillis, a vocal critic of the riot, believes Martin’s involvement in defending those accused of participating in the attack disqualifies him from serving as the top prosecutor in the District of Columbia.

"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 explained. "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."

Tillis has consistently condemned the January 6th protests, particularly in the wake of Trump’s decision to grant clemency to individuals involved in the riot.

"Anybody who committed violence, like the violence in Kenosha and the violence in Portland before them, should be in prison — period, full stop," Tillis declared following the pardons.

The Trump administration, however, remains a staunch supporter of Martin. Trump has publicly urged Republican senators to confirm Martin, emphasizing the importance of his role in "saving lives" and "making America healthy again."

"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. "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."

Adding to the pressure on the Senate, a coalition of 23 state attorneys general has issued a letter urging lawmakers to swiftly confirm Martin. They argue that the District of Columbia is "broken" and that Martin is the right person to restore the rule of law.

"To put it bluntly, the District of Columbia is broken," the attorneys general wrote. "And four years of alleged corruption, mismanagement, and derelictions of duty in the U.S. Attorney’s Office under President Biden’s appointees are in many ways to blame."

Indiana Attorney General Todd Rokita, who spearheaded the letter, emphasized Martin’s commitment to restoring the rule of law.

"I am proud to lead this effort to support Ed Martin because he’s a proven leader who is already devoting all of his time to restoring the rule of law in our nation’s capital," Rokita stated. "His bold actions have had an immediate impact, which sent the disreputable D.C. news media into a full-blown meltdown. The Senate must act swiftly to confirm him and ensure his critical work continues uninterrupted."

The situation remains fluid, with the Senate facing a crucial decision on Martin’s confirmation. Tillis’s opposition has thrown a wrench into the process, raising the possibility of a court-appointed interim U.S. Attorney and escalating the political stakes surrounding the appointment. The outcome will have significant implications for the administration of justice in the District of Columbia.