On Friday, August 29, 2025, The New York Times reported that Emil Bove III, a senior official in the Trump administration, continued working at the Justice Department after his confirmation as an appeals court judge.
Bove, narrowly confirmed last month for a position on the U.S. Court of Appeals for the Third Circuit in Philadelphia, has drawn attention for his ongoing involvement with the department, raising concerns among some legal experts about potential conflicts of interest and the appearance of impartiality.
Bove, a former prosecutor and criminal defense attorney for President Trump, attended a Justice Department event in southeast Washington last month, one day after receiving his judicial commission. The event celebrated the administration’s takeover of the Washington, D.C., police department, which was described as a success by Justice Department leaders and the president. Video footage from the event showed Bove present alongside President Trump, Attorney General Pam Bondi, and others, though he remained largely out of the spotlight.
According to sources familiar with the Justice Department’s operations, Bove has also participated in meetings at the department since his confirmation. These sources, who spoke anonymously due to the sensitive nature of the department’s internal activities, did not disclose specific details about the nature of Bove’s work.
The federal judicial code of conduct, which prohibits activities that could compromise a judge’s independence or impartiality, does not apply until a judge is officially sworn in. Court records indicate that Bove has not yet taken his oath of office, meaning the code does not currently govern his actions.
Legal experts have expressed concern that Bove’s continued presence at the Justice Department could erode public trust in the judiciary’s independence.
Stephen Gillers, a legal ethics professor at New York University, noted that while socializing with administration officials is permissible, advising the president or aligning closely with his political agenda could undermine confidence in the courts. Gillers emphasized the importance of maintaining public faith in the judiciary’s impartiality, regardless of whether any specific misconduct occurs.
Chad Gilmartin, a Justice Department spokesperson, defended Bove’s actions, stating that both Bove and the department have adhered to all applicable rules and ethical standards. Gilmartin dismissed suggestions of impropriety as baseless and congratulated Bove on his confirmation, describing it as well-earned. He declined to provide details about the specific tasks Bove has undertaken at the department since his confirmation.
A similar situation occurred in 1991, when J. Michael Luttig, a newly confirmed judge and Justice Department official, assisted with Clarence Thomas’ Supreme Court nomination. Luttig’s actions also sparked ethical concerns at the time.
Luttig, however, distinguished his case from Bove’s, noting that his role was publicly known and involved supporting the White House, not internal Justice Department matters. He said that if it were merely about attending a few events or occasionally visiting the department, it wouldn’t be significant. However, Luttig noted, “There’s no reason for him to be lingering at the Department of Justice for a month.” This raised concerns about what Bove might have been involved in during that time that he could review as a judge.
Source: The New York
