Emil Bove, who parlayed his employment as a personal lawyer for Donald Trump into a high-ranking job at the Department of Justice and then a lifetime appointment to the federal bench, is creating more controversy.
According to a report from the New York Times, in the days since Bove was narrowly confirmed to a spot on the U.S. Court of Appeals for the Third Circuit despite multiple allegations of judicial malpractice, he been has attending meetings at the DOJ, which is “raising eyebrows” anew among legal experts.
As the Times’ Devlin Barrett is reporting, after being confirmed, Bove should have cut off ties at the DOJ where he was associate deputy attorney general beginning in January, and that by attending functions in the building he may be forced to recuse himself at a later date after he has been sworn in.
With Barrett writing, “The code of conduct for federal judges does not appear to apply to Mr. Bove,” he added, “Some legal experts said that working for the administration after being confirmed could undermine faith in the court system. Others expressed worry that Mr. Bove could expose himself to potential conflicts, advising Justice Department officials on matters that may eventually land before him as a federal judge.”
Coming on the heels of whistleblower reports that accused Bove of encouraging DOJ attorneys to respond to court orders with “F---- you,” which he claims he did not recall saying, Stephen Gillers, an expert on legal ethics at New York University’s law school, stated Bove is once again pushing the line.
“What the rules protect is public trust and confidence in the independence of the judiciary, which is of great value to the country, whether or not there is anything else that is untoward,” Gillers explained. “Socializing with Trump is fine. Advising Trump is not fine. Putting himself physically in a place where it looks like he is identifying with the president’s political agenda is not fine.”
The report noted, “A day after Mr. Bove received his judicial commission, he attended an event in southeast Washington, where Justice Department leaders and Mr. Trump declared their takeover of the police department in the capital an unequivocal success.”
Retired conservative Judge J. Michael Luttig, who was accused of a similar offense when he helped shepherd Clarence Thomas through his Supreme Court confirmation hearings, agreed that Bove is creating an issue that should have been avoided.“
“There’s no reason for him to be hanging around the Department of Justice for a month,” he told the Post.
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