Tillis puts onus on Trump to avoid Boasberg picking US attorney after Martin's nomination appears sunk
Sen. Thom Tillis' office brushed off concern that a left-wing court could select an interim U.S. attorney for the District of Columbia after the North Carolina Republican bucked President Donald Trump's pick for the role, putting the onus on the Trump administration to select a successor and avoid involvement from federal judges.
Tillis, R-N.C., sits on the Senate Judiciary Committee, which is overseeing the confirmation process of Ed Martin, Trump's pick to serve as U.S. attorney for the District of Columbia. Martin has served as interim U.S. attorney since Trump's Jan. 20 inauguration but is facing a May 20 deadline to be confirmed.
Martin met with Senate lawmakers Monday, and Tillis told reporters Tuesday he wouldn't support the nomination. The committee, composed of 12 Republicans and 10 Democrats, has not yet scheduled a vote on Martin's nomination.
"I’ve indicated to the White House I wouldn’t support his nomination," Tillis told reporters Tuesday.
If an interim U.S. attorney is not confirmed by the Senate within 120 days, however, judges on the federal district court for that district could name a new interim U.S. attorney until the role is filled. Trump antagonist Judge James Boasberg, an Obama-appointed judge at the center of legal efforts targeting Trump's deportation efforts, is the chief judge of the U.S. District Court for the District of Columbia.
When asked if Tillis is comfortable with the left-wing court picking an interim U.S. attorney, his office told Fox New Digital it is the office's understanding that Attorney General Pam Bondi can pick an acting replacement, bypassing involvement from federal judges.
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"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 spokesman for Tillis' office told Fox News Digital Tuesday.
Tillis' office referred Fox News Digital to 28 U.S. Code § 546, which says, "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."
Martin previously worked as a defense attorney and represented Americans charged in the Jan. 6, 2021, riot at the Capitol, which Tillis took issue with when speaking with reporters Tuesday.
"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 said. "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."
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Tillis previously has railed against the Jan. 6 protests, when Trump supporters breached the U.S. Capitol after the 2020 election. Tillis criticized Trump in January when the president granted clemency to more than 1,500 Jan. 6 criminal defendants upon taking office.
"Anybody who committed violence, like the violence in Kenosha and the violence in Portland before them, should be in prison — period, full stop," Tillis said after the pardons. "That segment of pardons — I’m as disappointed as I am with all the pardons that Biden did."
Trump and his administration have rallied support for Martin as his confirmation process comes down to the wire.
"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 Monday 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."
Fox News Digital exclusively reported Monday that 23 state attorneys general additionally sent a letter to Senate Majority Leader John Thune and Senate Judiciary Committee Chair Chuck Grassley, calling on lawmakers to swiftly confirm Martin as U.S. attorney.
"To put it bluntly, the District of Columbia is broken," the letter, sent Monday, states. "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. The District should be made safe again. The District should have a U.S. Attorney who replaces the rule of lawfare with the rule of law. Ed Martin is the man to achieve those goals. We strongly encourage the Senate to confirm him at the earliest possible date."
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"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," Indiana Republican Attorney General Todd Rokita, who spearheaded the letter, told Fox Digital of his support for Martin.
"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."
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