(Luis Cornelio, Headline USA) President Donald Trump has nominated Emil Bove, the principal associate deputy attorney general, to serve as a federal judge—and some conservatives are under fire for voicing their puzzling opposition.
Trump nominated Bove to fill a vacancy on the U.S. Court of Appeals for the Third Circuit, which oversees legal matters in Pennsylvania, New Jersey and Delaware. Bove currently serves as a top DOJ official and previously worked as Trump’s attorney in his legal fight against leftist lawfare.
He had also served as a judicial clerk and as a federal prosecutor for the Southern District of New York beginning in 2012. Despite these bona fide credentials, attorney and National Review writer Ed Whelan publicly opposed the nomination.
“Some people whose judgment I respect say that they think Bove is a good pick for the seat. I hope that they are right. But I see ample reason to believe otherwise. I’ll outline my concerns here and offer some related observations,” Whelan wrote in a Friday entry for National Review.
One reason Whelan objects is that, in 2016, federal prosecutors blindsided Bove, then a prosecutor himself, by subpoenaing his wife, then a policy aide to New York City Mayor Bill de Blasio, in a corruption probe of de Blasio’s 2013 campaign fundraiser.
Whelan also cited a profile by the leftist New York Times that labeled Bove one of the DOJ’s “most formidable and feared political appointees” and described him as the “main enforcer of Mr. Trump’s demands for retribution.”
Another concern is Whelan’s suspicion that Bove could become a contender for a future Supreme Court vacancy.
Ed Whelan suggests that Emil Bove is a bad nominee for the Third Circuit because 9 years ago he got mad when his wife was blindsided with a subpoena from the office he worked for.
These are not serious people. pic.twitter.com/b2kj7asVc8
— Will Chamberlain (@willchamberlain) May 30, 2025
Critics swiftly slammed Whelan on X over what they saw as weak grievances against Bove. “These are not serious people,” wrote Will Chamberlain, senior counsel at the Article III Project.
Journalist Julie Kelly echoed this sentiment, writing: “After launching a vicious attack against Emil Bove last week, Ed Whelan now insists HE is the victim in an unnecessarily personal hit piece against Emil at National Review. He also blocked a bunch of us so we cannot respond on X.”
After launching a vicious attack against Emil Bove last week, Ed Whelan now insists HE is the victim in an unnecessarily personal hit piece against Emil at National Review.
He also blocked a bunch of us so we cannot respond on X.
So you guys know what to do… pic.twitter.com/IFoYW18ANx
— Julie Kelly 🇺🇸 (@julie_kelly2) May 30, 2025
It is unclear whether Whelan’s objections will affect Bove’s nomination, which still requires Senate confirmation.
