On Monday, May 19, 2025, The New York Times reported that President Donald Trump is considering nominating Emil Bove III, a top Justice Department official, for a federal appeals judge position on the U.S. Court of Appeals for the Third Circuit, which serves Pennsylvania, New Jersey, and Delaware. Bove, aged 44, previously worked as a criminal defense attorney for Trump and as a federal prosecutor in New York.
Sources familiar with the matter indicate that Bove is under consideration for one of two vacant seats on the Third Circuit, one based in New Jersey and the other in Delaware. It remains unclear which position Bove might be nominated for, though his property ownership in Pennsylvania has led some conservatives to suggest relocating the Delaware-based seat to Pennsylvania.
Bove has risen quickly within the Justice Department during Trump’s second term. According to CNN, he served briefly as interim deputy attorney general, a high-ranking role, following Trump’s January 2025 inauguration. During this period, Bove issued a memo two days after the inauguration, signaling intentions to prosecute state and local officials who opposed the administration’s immigration enforcement policies. He also directed the dismissal of eight senior FBI officials and requested information on thousands of employees involved in investigations related to the January 6 Capitol riot.
One of Bove’s most notable actions was his involvement in the Justice Department’s request to dismiss corruption charges against New York City Mayor Eric Adams. This decision, reported by CNN, led to the resignations of several career prosecutors who described the move as a “quid pro quo.” The controversy surrounding this action has drawn significant attention to Bove’s role in the administration.
The National Review reported that Bove’s potential nomination has raised concerns among some observers. The publication noted that about a dozen experienced attorneys left the Justice Department following the decision to dismiss the Adams case, citing Bove’s approach as a factor. The National Review also suggested that Bove might view the Third Circuit judgeship as a potential stepping stone to a future Supreme Court nomination, though this remains speculative. The publication contrasted Bove’s possible appointment with Trump’s earlier nomination of Whitney Hermandorfer to the Sixth Circuit, which was viewed more favorably.
Bove’s legal career includes significant experience as both a prosecutor and defense attorney, notably representing Trump in criminal matters. His current role in the Justice Department has positioned him as a key figure in implementing the administration’s legal and policy priorities.
The Third Circuit, with its jurisdiction over three states, handles a range of significant federal cases, making Bove’s potential nomination a notable development in Trump’s judicial appointment strategy.
Source: The New York Times