GOP Senator Says He Will Not Vote For Trump Pick To Be US Attorney In DC

North Carolina Republican Sen. Thom Tillis has announced he will not support President Donald Trump’s nominee, Ed Martin, for U.S. Attorney for the District of Columbia—an unexpected move that could derail the nomination and hand leverage to a judge hostile to the Trump administration.

Despite meeting with Martin in an effort to resolve lingering concerns, Tillis confirmed Tuesday that he remains opposed to the nomination.

“At this point, I’ve indicated to the White House I wouldn’t support his nomination,” Tillis told CNN’s Manu Raju.

The senator pointed to Martin’s views on January 6, 2021, as the primary reason for his decision. “Most of my concerns relate to Jan. 6,” he said. “I think that anybody that breached the perimeter should have been imprisoned for some period of time, whether it’s 30 days or three years is debatable but I have no tolerance for anybody who entered the building on Jan. 6 and that’s probably where most of the friction was.”

Martin, a respected conservative attorney, has reportedly argued that some of those prosecuted in connection with January 6 were excessively charged—a view that has gained traction among constitutional advocates and critics of the Biden-era Justice Department.

“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,” Tillis acknowledged. “But there were some, 200 or 300 of them that should have never gotten a pardon.”

Tillis continued, “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.”

That stance could prove consequential. With Democrats expected to unanimously oppose Martin, Tillis’ opposition would leave the Senate Judiciary Committee split 11-11, effectively halting the nomination process. Senate Democrats hold ten seats, and Republicans control twelve—but without full party support, the GOP cannot advance the nomination.

Sen. Dick Durbin, the Judiciary Committee’s top Democrat, said the move effectively kills Martin’s confirmation. “The decision was made last night not to move forward with the [background investigation],” Durbin told reporters.

“In strict legal terms, he’s still interim [U.S. attorney] until the end of May, the 20th or 21st,” Durbin added. “The district court judge then has the option to fill the interim vacancy when he’s finished. The writing’s on the wall—he has some problems in his own ranks.”

What comes next could have serious consequences for President Trump and his administration. If the Senate fails to confirm a nominee by May 20, the decision on who fills the powerful role of U.S. Attorney for the District of Columbia could fall to Judge James Boasberg—an Obama-appointed figure who has clashed with the Trump White House.

Boasberg has already taken combative action against the administration, recently asserting probable cause that the Trump administration was in contempt of court for not rerouting planes carrying Venezuelan nationals after a federal order.

President Trump, however, remains firmly behind Martin, describing him as a vital piece in his administration’s push to restore order and health to the nation.

“According to many but in, particular, Robert F. Kennedy, Jr., his approval is IMPERATIVE in terms of doing all that has to be done to SAVE LIVES and to, MAKE AMERICA HEALTHY AGAIN,” the president posted on Truth Social. “This is a passion for Ed, more so than for almost anyone that I have seen.”

“We are going to take our Country BACK and FAST,” Trump added. “Ed Martin will be a big player in doing so and, I hope, that the Republican Senators will make a commitment to his approval.”

Still, Tillis’ team is pushing back on the narrative that the nomination’s collapse would give Judge Boasberg final authority. According to a statement provided to Fox News, the senator’s office believes that Attorney General Pam Bondi could still name an acting replacement before the current appointment expires.

“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 Tillis spokesperson said.

The outcome of this nomination fight will determine not only the top prosecutor in the nation's capital, but also who holds prosecutorial power in one of the most politically sensitive districts in the country. With just weeks left until the deadline, the stakes couldn’t be higher.

Subscribe to Lib Fails

Don’t miss out on the latest issues. Sign up now to get access to the library of members-only issues.
jamie@example.com
Subscribe