On Thursday, August 14, 2025, Erwin Chemerinsky, the dean and a professor at UC Berkeley School of Law, and Miles Mogulescu, an attorney, Oscar-nominated documentary filmmaker, and former senior vice president at MGM/UA, published an opinion piece on Bloomberg Law discussing the implications of Emil Bove’s recent confirmation as a judge on the U.S. Court of Appeals for the Third Circuit. Bove was confirmed by a narrow 50-49 Senate vote, with concerns raised regarding his impartiality in cases involving President Donald Trump.

The authors argue that Bove must be disqualified from hearing any cases challenging Trump’s actions or policies due to his previous personal and professional ties to the president. They highlight Trump’s reliance on Bove’s loyalty, which was evident in a post made by Trump on Truth Social, where he expressed confidence that Bove would uphold the rule of law and support his agenda.

Federal law mandates that judges recuse themselves from cases where their impartiality might reasonably be questioned. This includes situations where a personal relationship exists with a party involved in the case. Given Bove’s history as Trump’s private defense attorney in multiple criminal matters, including a high-profile case involving alleged falsification of business records, his connection to Trump raises significant concerns about his ability to remain unbiased.

The opinion piece outlines that Bove’s previous role as a private attorney for Trump and his position as principal deputy attorney general under Trump further complicate his ability to serve impartially. Allegations have surfaced regarding Bove’s instructions to Department of Justice (DOJ) lawyers to disregard court orders and the pressure he reportedly placed on FBI officials during investigations related to the January 6 insurrection.

The authors emphasize that Bove’s loyalty to Trump could lead to questions regarding his neutrality in judicial proceedings involving the president. Under 28 U.S. Code Sec. 455, judges are required to disqualify themselves if there are grounds for reasonable doubt about their impartiality, including any personal bias or previously expressed opinions regarding the matters they are set to adjudicate.

Bove’s connections to Trump, they argue, suggest that his impartiality is indeed questionable. The opinion piece asserts that recusal is not discretionary; both federal and state laws dictate that judges must step down if there are valid reasons for doing so. Failure to recuse could result in disciplinary actions against the judge and may impact the outcomes of cases through appeals or retrials.

Given Bove’s likelihood of resisting calls for recusal, the authors suggest that parties involved in legal challenges against Trump may need to persistently file motions for Bove’s disqualification in cases that relate to the president. This ongoing legal battle raises questions about the impact of political influence in judicial appointments and the challenges of maintaining an impartial judiciary.

According to the authors, despite Trump’s efforts to secure Bove’s confirmation through Republican senators, it appears that Bove may ultimately be required to recuse himself from many Trump-related cases that come before the Third Circuit.

“Trump may have twisted the arms of 50 Republican senators to get Bove confirmed. But Bove is likely to be required to recuse himself from most cases related to Trump that come before him on the Third Circuit,” the authors said. “In the case of Bove, Trump’s efforts to stack the federal judiciary with MAGA loyalists may not work out as he planned.”

 

 

Source: Bloomberg Law