Is Emil Bove the most unethical judicial nominee in modern history?

President Trump nominated Emil Bove, his former personal attorney, to be a federal judge on the 3rd Circuit Court of Appeals — one of the most powerful judicial roles in the country. Announcing his nomination on May 28, Trump described Bove as "SMART, TOUGH, and respected by everyone."

But an explosive new whistleblower disclosure released Tuesday alleges that, in his current position as a senior official in the Department of Justice (DOJ), Bove is willing to ignore federal law to give Trump what he wants.

The 35-page letter was written by lawyers representing Erez Reuveni, formerly the DOJ's Acting Deputy Director for the Office of Immigration Litigation. In that role, Reuveni was tasked with defending the Trump administration's plan, under the Alien Enemies Act (AEA), to summarily deport undocumented immigrants to a notorious Salvadoran prison known for torture and human rights abuses.

During a March 14, 2025, meeting, Bove told Reuveni and others that "one or more planes containing individuals subject to the AEA would be taking off over the weekend" – meaning Saturday, March 15 and Sunday, March 16. According to the whistleblower disclosure, Bove stressed "the planes needed to take off no matter what." During the discussion, Bove raised "the possibility that a court order would enjoin those removals before they could be effectuated." In that eventuality, Bove stated that the “DOJ would need to consider telling the courts 'fuck you' and ignore any such court order."

On March 15, the ACLU "filed suit on behalf of five Venezuelan men facing imminent deportation under the AEA and moved for a Temporary Restraining Order (TRO) to prevent their removal" and the removal of other similarly situated immigrants. During the hearing, two flights destined for El Salvador took off — one at 5:26 p.m. and the second at 5:45 p.m.

After listening to arguments from both sides, the judge sided with the plaintiffs at approximately 6:30 p.m. Around 6:48 p.m., Reuveni emailed officials at the Department of Homeland Security (DHS) and advised them "the judge specifically ordered us to not remove anyone in the class, and to return anyone in the air." Over the next hour, Reuveni sent numerous emails with the same information to DOJ and DHS officials. He received no response.

The court issued a written order "memorializing its TRO" at 7:23 p.m.

On March 16 at 12:23 a.m., Deputy Assistant Attorney General Drew Ensign told Reuveni that Bove had decided the flights could continue to El Salvador and "no violation of the court order had occurred because the two planes left U.S. airspace before the court's written …order." Further, "Bove had advised DHS that under the court order, it was permissible to deplane individuals on the flights that departed U.S. airspace" before the written order was issued.

An order from a federal judge is binding regardless of whether it has been issued in writing. Bove followed through on his threat to ignore the courts so that the Trump administration could complete its scheduled deportations.

This is not the only time Bove has ignored the law or acted unethically to serve Trump.

A corrupt bargain

On September 24, 2024, New York City Mayor Eric Adams was indicted on "bribery, campaign finance, and conspiracy offenses." The detailed indictment alleged that Adams "abused his power and position for nearly a decade, obtaining personal benefits and illegal campaign contributions from foreign nationals, and others, giving them undue influence over him." In return for "illegal campaign contributions and luxury travel," the indictment alleges that Adams used his official position to benefit his patrons, including pressuring "the New York City Fire Department to facilitate the opening of a foreign government’s Manhattan skyscraper that had not passed a fire inspection."

After Trump took office, Bove directed then-acting United States Attorney for the Southern District of New York Danielle Sassoon to dismiss the charges against Adams. Bove suggested, without evidence, that Adams was indicted because he "criticized the prior Administration’s immigration policies." Bove said that, in exchange for the dismissal, Adams would provide support for the Trump administration's immigration policy.

Sassoon refused to comply with Bove's directive. Instead, she submitted a resignation letter to Attorney General Pam Bondi, stating that dismissing the charges against Adams was "inconsistent with my ability and duty to prosecute federal crimes without fear or favor and to advance good-faith arguments before the courts." Sassoon said Bove appeared to be arguing that "Adams should receive leniency for federal crimes solely because he occupies an important public position and can use that position to assist in the Administration’s policy priorities."

A second federal prosecutor, Hagan Scotten, also refused Bove's order. In his resignation letter, Scotten wrote, "[O]ur laws and traditions do not allow using the prosecutorial power to influence other citizens, much less elected officials, in this way."

Ultimately, unable to find another federal government attorney to do his bidding, Bove was forced to appear in court and argue for dismissal himself.

Bove sought to dismiss the charges "without prejudice," presumably so the Trump administration could use the threat of refiling the charges to force Adams to comply with its directives. A judge granted the dismissal, but with prejudice, meaning the charges cannot be refiled. The judge decided he could not force the Department of Justice to prosecute the case, but found the legal rationale advanced by Bove was "fundamentally incompatible with equal justice under the law."

Purging DOJ staff who upheld the law after January 6

Bove issued two memos that described the successful prosecution of hundreds of people who participated in the attack on the U.S. Capitol on January 6, 2021, as a "grave national injustice." In furtherance of an