Senate Democrats are seeking clarification about whether there is an ongoing investigation into Justice Department official Emil Bove after three different whistleblowers came forward with information ahead of his confirmation vote for a lifetime appointment to the bench.
The request from Sens. Cory Booker (D-N.J.) and Adam Schiff (D-Calif.) comes as a third whistleblower filed a complaint against Bove, alleging the nominee misled the Senate Judiciary Committee.
Bove, previously one of Trump’s personal defense lawyers, serves in the No. 3 role at the Justice Department and has been nominated to sit on the 3rd Circuit Court of Appeals. After clearing an initial procedural hurdle, a vote on his nomination could come as soon as Tuesday night.
Schiff and Booker ask the Justice Department’s office of inspector general to confirm for lawmakers whether they have ignited an investigation into Bove.
“As the Senate approaches a final vote this week on Mr. Bove’s nomination to serve as United States Circuit Judge for the Third Circuit, it is imperative that Senators exercise their constitutional duty of advice and consent with full knowledge of Mr. Bove’s actions,” they wrote.
“We therefore request that you clarify for Senators whether your office is undertaking any investigations of or related to Mr. Bove. In the event these whistleblower complaints and other reports have not already prompted investigations by your office, we urge you to undertake a thorough review of these disclosures and allegations.”
They argue the three different whistleblower complaints “paint a picture that Mr. Bove likely violated laws and Department regulations, and abused his authority while acting as one of the Department’s most senior officials.”
According to The Washington Post, a third whistleblower has forwarded new allegations about Bove’s role in ending the prosecution of New York City Mayor Eric Adams (D) on bribery charges.
Prosecutors who worked the case refused to drop the charges and sign onto the dismissal notice, prompting a wave of resignations.
Bove said during his confirmation hearing that the Trump administration needed Adams’s cooperation on immigration matters, prompting cries from Democrats that the move was a clear quid pro quo.
“Policy reasons made it appropriate to drop the charges,” Bove said at the time.
He has already been accused by whistleblower Erez Reuveni of suggesting the Justice Department defy any court orders blocking the Trump administration from deporting migrants to a foreign prison under the Alien Enemies Act, saying the Justice Department might have to tell the courts “f‑‑‑ you.”
A second whistleblower has stepped forward with information they say corroborates Reuveni’s allegations.
A judge has since begun a probe into whether the Justice Department defied his order to halt or turn around flights carrying Venezuelan men deported under the Alien Enemies Act, finding probable cause to hold the Trump administration in criminal contempt for willfully disobeying his order to immediately halt deportations.
Bove has said he could not recall whether he used the expletive but said during his confirmation hearing that he “certainly conveyed the importance of the upcoming operation.”
Details are scarce on the third whistleblower complaint.
“A new whistleblower, whose disclosures have not been publicized, has strong evidence that Emil Bove was not truthful to the Senate Judiciary Committee during his confirmation hearing for his nomination to serve on the Third Circuit Court of Appeals,” Peter Carr, a spokesperson for Justice Connection, said in a statement.
A Justice Department alumni group that assists whistleblowers, Justice Connection was asked to release a statement on the whistleblower’s behalf.
“The whistleblower has tried to share this information with Republican senators for weeks and they have not provided any response. We urge the senators to hear from this whistleblower before the final vote on his nomination.”
The Justice Department did not respond to a request for comment.
GOP members have not stopped by Booker’s office to review the documents provided by the latest whistleblower, the Post reported.
Committee members asked Bove questions on a number of topics. Beyond whether he encouraged defiance of court orders, he was also asked about leading the effort to fire prosecutors who worked on Jan. 6 cases and collecting a list of FBI agents who worked on investigations into rioters.
Sen. Thom Tillis (R-N.C.) backed Bove out of the committee, saying that he will not confirm those who condoned Jan. 6 but that he did not feel the nominee had done so.
Bove advanced after an initial round of voting in which Sens. Lisa Murkowski (Alaska) and Susan Collins (Maine) were the only GOP members to vote against him.
Democrats previously demanded a hearing with Reuveni, but the panel’s Republicans blocked it.
“Another whistleblower has come forward with evidence that raises serious concerns with Emil Bove’s misconduct,” said Sen. Dick Durbin (D-Ill.), the top Democrat on the Senate Judiciary Committee. “This is another damning indictment of a man who should never be a federal judge— and Senate Republicans will bear full responsibility for the consequences if they rubber stamp Mr. Bove’s nomination.”