NYCLA Pres. & Pres-Elect Urge Careful Thought Before Confirming Emil Bove

Emil Bove had his confirmation hearing before the Senate Judiciary Committee last week. President Trump has nominated him to serve on the United States Court of Appeals for the Third Circuit.

We urge the members of the Judiciary Committee, and every Senator should his nomination get to a floor vote, to give careful consideration before voting to confirm Mr. Bove, as we believe he presents unique threats to the rule of law as has been historically implemented in our country.

Among other things, Mr. Bove played a key role in the decision to dismiss the indictment of New York City Mayor Eric Adams who was charged with official corruption. Hon. Dale Ho of the United States District Court for the Southern District of New York said that the dismissal gave every appearance of a quid pro quo for the Mayor’s agreement to cooperate in the implementation of the Administration’s immigration policies, including permitting ICE staff to work out of Rikers Island. The Government’s power to indict, or to dismiss an indictment, in exchange for unrelated consideration is antithetical to the very concept of the rule of law and the basis on which charging decisions are supposed to be made.

Further, there are reports that Mr. Bove has been involved in discussions threatening to defy court orders, principally in immigration cases. We cannot evaluate the veracity of these reports, but the allegations being made, if true, suggest a cavalier attitude toward the rule of law. We urge the Senate Judiciary Committee to fully investigate these allegations to determine whether our concerns are real.

These topics were discussed at Mr. Bove’s Judiciary Committee hearing. He has been nominated to be a lifetime member of the federal appellate judiciary. We strongly urge caution before voting to put him in such a position when his conduct and views may call into question his commitment to the rule of law as it has long existed in the United States of America.

About the New York County Lawyers Association
The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.

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The views expressed here are those of the authors Richard P. Swanson, NYCLA President and Ronald C. Minkoff, NYCLA President-Elect, and do not necessarily represent or reflect the views of NYCLA, its affiliates, its officers, or its Board.