WASHINGTON (AP) — Republican Sen. Thom Tillis says he’s informed the White House that he won’t support Ed Martin, President Donald Trump’spick for top federal prosecutor in Washington, stalling the nomination in the Senate weeks before the temporary appointment expires.
The North Carolina Republican told reporters Tuesday that he had met with Martin on Monday evening and was opposing his nomination because of his defense of rioters who breached the Capitol on Jan. 6, 2021. Martin, a leading figure in Trump’s campaign to overturn the 2020 election, spoke at a rally on the eve of the violent riot and represented defendants who were prosecuted for the attack.
“We have to be very, very clear that what happened on January 6th was wrong,” Tillis said. “It was not prompted or created by other people to put those people in trouble. They made a stupid decision, and they disgraced the United States by absolutely destroying the Capitol.”
The U.S. Attorney’s office in Washington is the country’s largest and prosecuted more than 1,500 riot defendants after the 2021 attack. Trump pardoned most of the rioters the day he was inaugurated, and he later appointed Martin to temporarily lead the office. That appointment expires later this month, and Trump has urged Republican senators to quickly confirm Martin to the job.
“Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN,” Trump posted on Truth Social on Monday.
Martin could still be confirmed after his appointment expires. But Tillis’s opposition will prevent the committee from advancing the nomination, for now, and signals that Martin might not have the votes to win confirmation on the Senate floor. Senate Judiciary Committee Chair Chuck Grassley did not list Martin on this week’s agenda for votes later in the week, suggesting that Republicans are aware there are not enough votes to confirm him.
Speaking to reporters later on Tuesday, Senate Majority Leader John Thune said that it is ultimately the Judiciary panel's decision whether to proceed with Martin's nomination. “My understanding is they haven't scheduled anything on that yet, and we will cross that bridge if and when we come to it,” he said.
Martin has roiled the federal prosecutors’ office since his appointment as U.S. attorney in January, including firing or demoting veteran attorneys who prosecuted Trump supporters for storming the U.S. Capitol and interrupting the certification of Democrat Joe Biden's victory.
He has also described federal prosecutors as the “president’s lawyers” and forced the chief of the office’s criminal division to resign after a dispute over a directive to scrutinize the awarding of a government contract during the Biden administration. He also demoted several senior leaders, including prosecutors who handled or oversaw politically sensitive cases involving the Jan. 6 riot and Trump allies Peter Navarro and Steve Bannon.
Tillis said he believes that anyone who broke into the building that day should be prosecuted, a disagreement he said he had with Martin.
“Whether it’s 30 days or three years is debatable, but I have no tolerance for anybody who entered the building on January 6th, and that’s probably where most of the friction was,” Tillis said.
Dozens of former federal prosecutors in the office have raised alarm over Martin’s scant courtroom experience and his actions since taking office. In a letter to the committee, more than 100 veterans of the office described him as “an affront to the singular pursuit of justice for which this Office has stood for more than two centuries."
His supporters have touted his record fighting for conservative causes and his efforts to tackle violent crime since his appointment. About two dozen Republican state attorneys general said in a letter to the committee that Martin has “shown conclusively that he has what it takes to serve in that role with integrity and a fearless commitment to do what is right on behalf of the American people.”
It is unclear what will happen if Martin is not confirmed by May 20, the day his appointment expires. Attorney General Pam Bondi could ask the district court to extend Martin's interim status or the administration could nominate someone else to serve as the interim U.S. attorney while Martin's nomination is pending.
Tillis said that the White House can “work through that” if they want to extend Martin's appointment, but “at this point I’ve indicated to the White House I wouldn’t support his nomination."
In a post on X, White House spokesman Alex Pfeiffer said that “Ed Martin is a fantastic U.S. Attorney for D.C. and will continue to implement the President’s law-and-order agenda in Washington. He is the right man for the job and we look forward to his confirmation.”
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Associated Press writers Michelle Price and Ali Swenson contributed to this report.
Mary Clare Jalonick And Alanna Durkin Richer, The Associated Press
