If anyone had questions about whether Trump would staff the Justice Department with sub moronic bullies, one need look no further than Emil Bove III.
Bove, Trumps nominee for Deputy Attorney General, served as the acting Attorney General for three weeks following Donald Trump’s inauguration on January 20 and the confirmation of Pam Bondi as Attorney General. During that period Bove commenced a purge of senior officials at the FBI. He ordered a review of thousands of FBI agents who were involved in investigating the insurrection of January 6, 2021. He ordered the firing of agents who were assigned to the probe that was conducted by special counsel Jack Smith into Donald Trump.[1]
At the same time, the acting United States Attorney for the District of Columbia, Edward Martin Jr., another Trump sycophant fired thirty federal prosecutors who worked on the January 6th cases and announced that he would extend his office’s investigation into Democratic leaders and former Justice Department officials.[2]
While all of this was transpiring confirmation hearings for Bondi and Kash Patel, Trumps nominee to be FBI director, were pending before Congress. Both Bondi and Patel repeatedly pledged that no retaliatory firings in either agency would occur and Patel promised to adhere to the existing procedures for discharging employees as well as due process.[3] During the Biden Administration Patel published a book in which he vowed to close FBI headquarters and published a list of people who should be prosecuted in the event Trump returned to office.[4] Despite Patel’s testimony the Judiciary Committee received information that he was covertly directing dismissals while his nomination was pending.[5] Notwithstanding this information the Republican majority on the judiciary committee chose to ignore it and advance Patel’s nomination to the Senate for a full confirmation vote.[6]
One does not have to be clairvoyant to understand the strategy here. According to the information received by Senator Richard Durbin ranking member of the Judiciary Committee, Patel had enlisted Stephen Miller, Trumps immigration weasel, and Acting Deputy Attorney General Bove to carry out the purge before he was confirmed, so that he could deny responsibility for them.[7]
While these events were unfolding, Bove got the bright idea to order the dismissal of a criminal case pending against New York City Mayor, Eric Adams, pending in the United States District Court in the Southern District of New York. The ostensible reason for the dismissal was “that the investigation would prevent Adams from cooperating with Trumps immigration crackdown.” In his directive to the Acting United States Attorney for the Southern District, Bove explicitly made it clear that the decision was not based on the evidentiary strength of the case. Moreover, the dismissal would be without prejudice and the Department of Justice would have the option to restore the case and prosecute Adams in the future. Adams would have the prosecution hanging over his head, like the Sword of Damocles, if he failed to sufficiently do Trump’s bidding.
When the Acting US Attorney refused to carry out the directive, Bove fired her, placed several of her assistants under investigation and transferred the prosecution to the Public Integrity Section of the Justice Department. Thereafter prosecutors in that unit resigned rather than carry out the order.[8] Bove gathered all of the remaining lawyers in the public integrity section and threatened dismissal unless someone from the unit signed the motion to dismiss. One senior member of the Section agreed to sign the motion, along with Bove, to prevent the dismissal of all the other prosecutors. A hearing is now scheduled before the Hon. Daniel Ho, the judge presiding over the case.[9] it seems somewhat remarkable that Bove apparently did not know or realize he could sign the motion to dismiss without discharging and jeopardizing all the other prosecutors involved in the case.
While Judge Ho could deny the motion to dismiss, there is no precedent for him to direct the Justice Department to proceed to trial. The hearing nevertheless will be interesting to learn how Bove can justify the Trump dismissal.
There is a precedent for the judge to conduct such an inquiry. When the Trump Justice Department sought to dismiss the case against Michael Flynn for lying to the FBI, Judge Emmet G Sullivan, Senior Judge of the United States District Court for the District of Columbia, conducted a similar hearing and appointed a retired federal judge and prosecutor, John Gleeson to oppose the motion. [10] Before the judge could proceed with Flynn’s sentencing, Trump pardoned Flynn.
Bove is designated to become the deputy to Todd Blanche, his former law partner and who is nominated for the position that Bove now occupies. Bove and Blanche were Trump’s defense lawyers during his “hush money “trial in New York City.
One must wonder about the propriety of Trump’s appointing his defense lawyers to two powerful positions in a department that can prosecute his enemies, carry out his policies no matter how extreme and where their allegiance will always be open to question.
One might also wonder about the wisdom of appointing two lawyers to these positions that succeeded in getting him convicted of thirty-four felonies.
[1][1] Justice Department Orders FBI Purge, Review of Staff Who touched January 6 Cases.by James Roebuck, Perry Stein, Salvatore Rizzo, Carol D.Leonnig, Washington Post, January 31, 2025.
[2]“DC US Attorney Fires Six January 6 Prosecutors, Launches New Probes,” Washington Post, January 31, 2025
[3] “Trump FBI nominee Patel Questioned on Capital Riot, Retribution Claims,” by Sarah N. Lynch and Andrew Goudsward, Reuters, January 30, 2025.
[4] “People on Kash Patel’s ‘So-Called Enemies List Taking Drastic Steps for Protection Before His Potential FBI takeover,” by Annie Grayer and Marshall, CNN, January 30, 2025
[5] “Sen. Accuses FBI Nominee of Covertly Directing Dismissals,” by Charlie Savage, New York Times, February 11, 2025.
[6] “Trump FBI pick Kash Patel clears Senate panel. Headed for confirmation vote,” by Sarah Ann Lynch Reuters, February 13, 2025
[7] “Durbin Accuses Patel of Ordering FBI Firings Before His Confirmation as FBI Director and lying About It,” by Jacob Rosen, CBS News, February 11, 2025.
[8] “Order to drop Adam’s case prompts resignations in New York and Washington,” by William K Rasbaum, Benjamin Weiser, Jonah E Bromwich, Maggie Haberman, New York Times, February 13, 2025.
[9] “Hearing called on Adam’s Case as Governor. Hochul Questions Mayors Conduct,” by Shayna Jacobs and Jeremy Roebuck, Washington Post, February 18, 2025.
[10] “Judge Sullivan Says He Is Not Required to Rubberstamp DOJ’s Bid to dismiss Flynn Case,” by Anne E Marimow and Carol Leonnig, Washington Post, June 1, 2020.