Trump considers former defense attorney Emil Bove for federal appeals court vacancy

President Donald Trump is considering Justice Department official Emil Bove, his former defense attorney, for a U.S. appeals court vacancy — a controversial nomination that would come as he continues to attack so-called “activist” judges for blocking his agenda.

Bove, 44, is among those Trump is considering for the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey and Delaware.

There are currently two vacancies on the court — increasing the odds that Bove’s name could be floated by Trump. If confirmed, he would serve a lifetime appointment on the federal bench.

Bove’s name is not the only one being considered, familiar sources say, and conversations are believed to be in the early stages.

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Former U.S. President Donald Trump, flanked by Todd Blanche and Emil Bove, arrives for his criminal trial at the Manhattan Criminal Court in New York on Wednesday, May 29, 2024. (Jabin Botsford/Pool via Reuters)

Prior to his installation at the Justice Department, Bove spent nearly 10 years as a U.S. prosecutor for the Southern District of New York.

He also defended Trump in two of his criminal trials following his first term in the White House.

In each of these roles and at DOJ, Bove’s hard-charging tactics have solidified his reputation as a fierce, loyal and, at times, aggressive leader. 

At the Justice Department, Bove has emerged as the man behind some of the administration’s most contentious actions — prompting some officials to resign rather than carry out his marching orders.

Shortly after taking office, he sent a memo threatening state and city officials with criminal charges or civil penalties if they failed to comply with the Trump administration’s crackdown on immigration or slow-walked their orders on enforcement. 

“Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands,” Bove said in the memo.

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U.S. President Donald Trump, accompanied by Pam Bondi (C), speaks before Bondi is sworn in as U.S. Attorney General in the Oval Office at the White House on Feb. 05, 2025 in Washington, DC. The Senate confirmed Bondi as Attorney General with a 54-46 vote on Tuesday.  (Andrew Harnik/Getty Images)

It was Bove who ordered federal prosecutors for the Southern District of New York to file a motion to dismiss charges against New York City Mayor Eric Adams. 

That order prompted a string of resignations from personnel, including acting U.S attorney for the section Danielle Sassoon to leave DOJ rather than drop the case.

Bove, along with Edward Sullivan from the Justice Department’s Public Integrity Section, eventually signed on to the motion themselves. 

Fox News also reported earlier this year that Bove was behind an exhaustive questionnaire sent to FBI agents detailing their roles in the Jan. 6 investigations. 

Questions ranged from agents’ participation in any grand jury subpoenas to whether the agents worked or responded to leads from another FBI field office or if they worked as a case agent for investigations.

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION

Former President Donald Trump’s attorneys (L-R) Todd Blanche, Emil Bove and John Lauro depart federal court after a hearing on Trump’s election interference case on September 5, 2024 in Washington, DC.  (Anna Moneymaker/Getty Images)

Former Justice Department officials have cited concerns that the probe or any retaliatory measures carried out as a result could have a chilling effect on the work of the FBI, including its more than 52 separate field offices.

The group cited in particular the order from acting then-Acting Deputy Attorney General Emil Bove to terminate the entire FBI senior leadership team and the assistant director in charge of the Washington Field Office. 

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Bove would face a highly uncertain path to confirmation if nominated. The news comes at a time when Democrats have sharply excoriated what they argue are Trump’s attempts to install loyalists to head up the DOJ and FBI. 

The White House and Justice Department did not immediately respond to Fox News Digital’s request for comment.