Emil Bove’s name recently emerged as a potential nominee for a New Jersey-based seat on the Third Circuit Court of Appeals. Bove has outstanding credentials, having graduated from Georgetown University and Albany Law School, amassing a 4.0 grade point average. He then clerked for Judge Richard Sullivan of the Southern District of New York and for Judge Richard Wesley of the Second Circuit, a court on which Judge Sullivan also now sits. Bove then worked at Sullivan & Cromwell LLP, a premier international law firm.
Bove’s resume is sterling, and his New Jersey legal work provides him sufficient ties to the state to serve as a judge there. Still, he has drawn fierce opposition. Leftists are naturally opposed because of his work for President Donald Trump. There also has emerged opposition from some on the establishment wing of the right. One establishment stooge, Ed Whelan, called Bove a “henchman” for President Trump. Bove is no such thing. Rather, he has represented President Trump privately and the government zealously and within legal bounds — and very effectively.
He spent nearly a decade as an assistant United States attorney in the Southern District of New York, including over two years as co-chief of the National Security and International Narcotics Unit. He then practiced white-collar defense at a New Jersey-based firm headed by former U.S. Senator Jeffrey Chiesa. Finally, he represented President Trump against the Democrat lawfare that ran rampant during the Biden administration. Bove now serves as one of the top Justice Department officials, and he served as acting deputy attorney general prior to the confirmation of the brilliant Todd Blanche.
Criticism for Handling of Eric Adams Case
Criticism of Bove from establishment Federalist Society types stems from his handling of the Eric Adams case. After New York Mayor Adams criticized Biden’s immigration policies, the Biden Justice Department indicted him for alleged corruption. On taking office, Bove reviewed the case and raised concerns it was politically motivated. He also recognized that the prosecution effectively prevented Adams from doing the job he was elected to do, which was to govern New York City. Adams was unable to communicate with federal officials without counsel, and his security clearance was stripped, impairing his ability to respond to public safety issues. Bove negotiated a dismissal without prejudice — leaving the door open for future charges.
Bove ordered Acting Manhattan U.S. Attorney Danielle Sassoon to dismiss the case. Sassoon, a self-righteous and insubordinate opportunist from the so-called “Sovereign District of New York,” balked, accusing Bove of trading the dismissal for Adams’ cooperation on immigration — an absurd claim. Public policy negotiations aren’t corrupt quid pro quos, and Bove denied any such deal. Having witnessed firsthand how political prosecutions could divert resources away from actual threats, as in Manhattan District Attorney Alvin Bragg’s obsessive lawfare against Trump, Bove was determined to put an end to that pattern. Trump had declared a public safety emergency, and Bove prioritized advancing the president’s initiatives over wasting more time on what he saw as a politically driven case. Sassoon resigned, and her like-minded successor, Hagan Scotten, soon followed.
Ironically, the case was ultimately dismissed with prejudice by Judge Dale Ho. The real lesson? Prosecutors don’t run their own kingdoms. The executive power belongs to the president. Every federal prosecutor in America works for the deputy attorney general, who works for the attorney general, who works for the president, who is elected by all Americans. Bove understood that. Sassoon and Scotten did not.
Strong Candidate
It is likely that Bove will face opposition from Senate Democrats, who have largely resisted Trump’s appellate nominees. With Republicans maintaining a narrow majority on the Judiciary Committee, the confirmation process may be closely contested. Still, Bove’s record, as a seasoned prosecutor, respected legal mind, and dedicated public servant, makes him a strong candidate for the Third Circuit. His experience and integrity would serve the court well, and if nominated, he deserves serious consideration on the merits of his qualifications and judgment.
Mike Davis is the founder and president of the Article III Project.
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