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The Dictatorship

Why Emil Bove’s judicial nomination just brought more than 900 former DOJ lawyers together

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Why Emil Bove’s judicial nomination just brought more than 900 former DOJ lawyers together

Well over 300 federal, Article III judges across the country are former federal prosecutors. They have been nominated by Democratic and Republican presidents in larger numbers than any other group of lawyers. And yet I cannot recall such fierce and widespread opposition to a former prosecutor’s nomination — not just from a range of ideological backgroundsnot just from the legal community generallybut from more than 900 former Justice Department attorneys and former judges — until the nomination of Emil Bove.

Bove has demonstrated a total disregard for the high ethical standards to which most federal prosecutors hold themselves.

Bove is a former Southern District of New York prosecutor-turned-Donald Trump defense lawyer, now serving as the principal associate deputy attorney general at the Justice Department, and he previously was the acting deputy attorney general. He has been nominated by Trump for a lifetime seat on the 3rd U.S. Circuit Court of Appeals, and the Senate Judiciary Committee is set to vote this week on whether to advance his nomination to the full Senate.

Since his nomination, former federal prosecutors and judges have been ringing alarm bells with rare intensity and in great numbers opposing his nomination. Why? The short answer: Bove has demonstrated a total disregard for the high ethical standards to which most federal prosecutors hold themselves, and, perhaps worse, he has shown a complete disregard for other lawyers who refuse to do the same.

First, there was Bove’s conduct undoing the prosecutions of Jan. 6 Capitol rioters and punishing those public servants who had been part of the prosecutions. Trump’s pardon dismissals — which Bove helped make happen — of thousands of prosecutions by a prior administration that included trial verdicts, guilty pleas, lengthy sentencing proceedings by judges, months of hard work and sweat by prosecutors and federal agents, is not just bad practice by the Justice Department; it’s a slap in the face to those public servants who worked on these cases and the law enforcement officers injured and traumatized by the events of that day.

Even more shocking, Bove led a politically motivated purge of law enforcement professionals who worked on the cases. He was instrumental in the firing of prosecutors who worked on cases because of the claim that they could not be trusted to carry out “President Trump’s agenda” — something that should have no place in employment decisions of federal prosecutors — and he was behind the firing of FBI agents who had done nothing more than work on cases to which they were assigned. He claimed that these public servants participated “in what the president appropriately described as a ‘grave national injustice’ that has been perpetrated upon the American people.” And Bove did all of this despite the fact that as a national security prosecutor in the Southern District of New York, he had worked on these very same cases.

In his role as acting deputy attorney general, Bove orchestrated a brazen dismissal of criminal charges against New York Mayor Eric Adamsin what appeared to be a quid pro quo, in exchange for his cooperation with the Trump administration in immigration enforcement efforts. As if that were not bad enough, he tried to force other prosecutors into compliance.

Trump’s interim U.S. attorney in SDNY, as well as several other prosecutors in New York, resigned over the episode, stating that it would violate their ethical and legal obligations to be part of this dismissal. Bove then reportedly assembled members of the Public Integrity Section at the Justice Department and threatened disciplinary action, including possible firing, if one of them did not sign the motion to dismiss — something I have never heard of happening under any Justice Department leader prior to this. One career attorney who was near retirement ultimately agreed to sign the motion in order to save his colleagues.

In his role as acting deputy attorney general, Bove orchestrated a brazen dismissal of criminal charges against New York Mayor Eric Adams.

Judge Dale Ho ultimately dismissed the Adams case, noting that he could not force the government to prosecute, but he dismissed it with prejudice, meaning the charges cannot be refiled, rather than without prejudice as the government had requested (which would have allowed the administration to continue to hold the charges over Adams’ head). The judge wrote a blistering opinion and agreed that the attempted dismissal by Justice Department and Bove appeared to be part of a corrupt deal between Adams and the administration. He also found, contrary to Bove’s representations, there was absolutely no evidence prosecutors had done anything improper by bringing the case and called Bove’s argued reasons for dismissal “pretextual.”

This kind of critique by a federal judge of one’s integrity would humble if not shame most federal prosecutors — but not Bove.

Most recently, a Justice Department whistleblower has made serious allegations about Bove’s role in deliberate defiance of the very federal bench that he now seeks to join.

Erez Reuveni, a 15-year veteran Justice Department prosecutor who litigated some of the most divisive cases the department has ever defended and was promoted under Trump, was then fired because he dared to tell a federal judge the truth: that Kilmar Abrego Garcia was deported to El Salvador’s CECOT prison by mistake.

Reuveni has filed a whistleblower complaintwhich includes a great deal of damaging information about the administration’s disregard for due process and defiance of the courts and about Bove’s leadership of those efforts. The complaint discusses a meeting at the Justice Department in mid-March — after the administration decided to rely upon the Alien Enemies Act to deport the Venezuelan immigrants — at which Bove said that the deportations were a “highest priority” for the president and that the planes with the Venezuelans would be taking off in the next 24 to 48 hours “no matter what.”

In the most explosive allegation, Reuveni reported that Bove said that if they were confronted with a court order to halt the deportations, they would need to consider telling the court “f— you” and continuing anyway — which is exactly what happened. During an emergency hearing as the flights were about to take off, Chief U.S. District Judge Boasberg of the District of Columbia ordered that the deportations be halted and that any planes already on their way be ordered to turn back. The government defied that order, the planes landed, and the immigrants were sent to the supermax prison. During his confirmation hearing, Bove denied advocating defiance of the courts and claimed he could not recall using vulgar language, but emails strongly corroborate Reuveni’s description.

When Trump nominated Bove, the president said Bove would “do anything else that is necessary to, MAKE AMERICA GREAT AGAIN.” That is not a qualification for prosecutors or federal judges, who should do everything they can to uphold the Constitution and act with integrity and candor consistent with legal ethics, even if it conflicts with a political agenda. Violating these principles is bad enough, but trying to coerce other attorneys of integrity to do so for your own political gain, as Bove has, is unforgivable.

I rocah

Miriam E. Rocah is the former Westchester County (N.Y.) District Attorney, and former AUSA and Chief SDNY.

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The Dictatorship

Iran moves to take permanent control of Strait of Hormuz, a vital shipping choke point

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Iran announced on Thursday that it was drafting a “protocol” that would allow it to “monitor transit” by oil tankers through the Strait of Hormuzthe strategic waterway Tehran has shut downsending oil and gas prices soaring in the U.S. and across the world.

Kazem Gharibabadi, Iran’s deputy foreign minister for legal and international affairs, said tanker traffic through the narrow route “should be supervised and coordinated” between Iran and Oman, the two countries that border the strait, according to a translation of a report from Iran’s state news agency cited by CNBC.

“Of course, these requirements will not mean restrictions, but rather to facilitate and ensure safe passage and provide better services to ships that pass through this route,” Gharibabadi said according to the report.

President Donald Trump has suggested that the U.S. may leave it to other countries to end Iran’s de facto blockade of the strait, which it enforces by firing missiles at tankers. Trump has called on European nations to do so, but experts say Europe lacks the military resources to halt Iranian attacks on tankers for the long term.

Iranian and Omani officials did not respond to requests for comment from MS NOW.

For decades, the strait has been an international waterway, controlled by no country, that ships from all nations could transit.

Gregory Brew, a senior Iran and oil analyst at the Eurasia Group, said that if Iran manages to take control of the Strait of Hormuz permanently, it would be a “colossal win” for the country.

“It’s a massive strategic win, given that Iran has demonstrated that it can close the strait,” Brew told MS NOW. “It’s a huge financial win.”

Brew added that if Iran gains long-term control of the straitit would be more powerful than it was before the Trump administration attacked it. Iran’s parliament passed a law to begin charging “tolls” of up to $2 million per ship, which could mean as much as $100 billion in annual revenue — or the equivalent of Iran’s current annual oil export earnings.

“It’s not innocuous,” Brew said, referring to the protocol announced on Thursday. “Iran has passed legislation and is now claiming to be coordinating with Oman in establishing joint management of the Strait of Hormuz.”

Brew predicted that Oman, which has less oil and wealth than other Gulf nations, may be willing to accept a temporary arrangement that could help end the conflict.

“The Omanis are probably hedging; they’ve always tried to manage their relationship with Iran, and they lose relatively little by cooperating with Iran right now to ease pressure on the strait,” Brew said. “The bigger question is whether they continue to cooperate after the war.”

Ted Singer, a former senior CIA official who oversaw the agency’s operations in the Middle East, said Iranian officials are likely trying to see what they can achieve.

“I wouldn’t see this as a fork in the road,” Singer told MS NOW.

Singer, who served as a CIA station chief in five different countries over a 35-year career, said Iranian officials could be trying to stoke division between gulf countries.

“The Iranians are good at doing more than one thing at a time,” he said. “Why not stake out a maximalist position on tolls, then toss out options to roil the waters?”

The United Arab Emirates, for example, is adamantly opposed to Iran taking control of the strait.

“The Iranians play multi-dimensional chess,” said Singer, now a senior adviser to the Chertoff Group, a security consulting firm run by Michael Chertoff, who served as secretary of Homeland Security in the George W. Bush administration.

“Try to create division between Oman and the rest of the Gulf countries,” Singer said. “Why not fiddle around with this and see if something sticks?”

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David Rohde

David Rohde is the senior national security reporter for MS NOW. Previously he was the senior executive editor for national security and law for NBC News.

Ian Sherwood is the director of international newsgathering for MS NOW, a former executive editor for NBC News and a former deputy Washington bureau chief for the BBC.

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The Dictatorship

Thursday’s Mini-Report, 4.2.26

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Thursday’s Mini-Report, 4.2.26

Today’s edition of quick hits.

* Targeting Iranian infrastructure: “President Trump celebrated the destruction of a bridge near Tehran on Thursday, warning on social media that there was ‘much more to follow.’ The attack on the B1 bridge between Tehran and the nearby city of Karaj killed eight people and wounded 95, according to Fars, a semiofficial Iranian news agency.”

* I don’t think the speech worked: “The price of oil rose sharply and stocks wavered on Thursday after President Trump, in an address from the White House the day before, said the war against Iran was ‘nearing completion’ but failed to offer a concrete timeline and committed to more attacks. In the 19-minute address, Mr. Trump said U.S. forces would hit Iran ‘extremely hard over the next two to three weeks.’”

* Reversing one of Noem’s worst ideas: “Homeland Security Secretary Markwayne Mullin on Wednesday rescinded a rule that DHS expenditures over $100,000 be personally approved by his office, ending a widely criticized policy implemented by his predecessor Kristi Noem that critics said put a particular burden on the Federal Emergency Management Agency ’s work aiding disaster response and recovery.”

* The latest on the ballroom: “Donald Trump’s handpicked National Capital Planning Commission voted Thursday to authorize the president’s plan to erect a gilded 90,000-square-foot White House ballroom in place of the historic East Wing, which was destroyed last fall to make way for the ballroom.”

* Remember when Congress, by constitutional mandate, had the power of the purse? “President Donald Trump said Thursday he will soon sign an order to pay all Department of Homeland Security employees who have gone without paychecks during the record-long partial government shutdown that has reached 48 days.”

* A year after “Liberation Day,” there’s fresh tariff news: “President Donald Trump announced Thursday he will levy tariffs as high as 100 percent on some name-brand pharmaceuticals and is adjusting tariffs on products that contain steel and aluminum, the administration’s first move to expand duties since the Supreme Court dealt his trade agenda a blow in February.”

* The latest from Artemis II: “NASA’s latest update about the Artemis II moon mission shows a breathtaking view of Earth as the Orion capsule with four astronauts on board orbits tens of thousands of miles above. Hitching a ride beyond Earth’s atmosphere atop NASA’s powerful Space Launch System rocket, the three Americans and one Canadian selected for the mission are preparing to begin heading toward the moon.”

See you tomorrow.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The Dictatorship

Judge weighs legality of Trump’s planned arch near Arlington National Cemetery

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Judge weighs legality of Trump’s planned arch near Arlington National Cemetery

A federal judge is weighing whether the Trump administration can legally build a 250-foot arch just across the Potomac River from the Vietnam and Lincoln memorials, as three veterans who fought in Vietnam have argued the project would violate federal law and permanently alter one of the country’s most sacred landscapes.

Judge Tanya Chutkan declined on Thursday to issue a preliminary injunction, instead asking the parties to report by 5 p.m. on Friday whether they can agree to halt groundbreaking while the case proceeds. If no agreement is reached, she will ask the executive branch to provide supplemental sworn declarations disclosing any awards, grants, contracts, permits or other relevant information related to the arch’s construction.

The suit was brought by three Vietnam War veterans and an architectural historian, who argued the project would obstruct views of the Vietnam War and Lincoln memorials from Arlington National Cemetery. The plaintiffs contended the planned arch would violate federal laws governing historic sites and monuments, and the White House cannot lawfully proceed without congressional authorization.

The plaintiffs cited Trump’s various Truth Social posts and public statements to support their claim that construction is underway, pointing to design specifications, a target completion date of July 4 and renderings backed by a White House fact sheet. They also argued the National Park Service must sign off on any use of the land before construction begins.

President Donald Trump told reporters in January that his proposed arch “will be the most beautiful in the world,” and is already “being built.” He also shared renderings of the arch on his Truth Social account.

The government’s attorney, Bradley Craigmyle, argued that Trump’s media and social media statements constitute hearsay. Chutkan pushed back sharply, saying Trump’s posts are admissible as statements by a party. Throughout the hearing, Craigmyle argued the project is in the conceptual phase despite the president’s statements.

Today’s hearing comes as the National Capital Planning Commission voted 9-1, with two abstentions, to approve construction for Trump’s 90,000-square foot ballroom at the White House, clearing the final procedural hurdle for the project. Chutkan referenced the ballroom case during the hearing, saying, “If we haven’t had the whole White House ballroom situation, this might be a little more academic than it is now.”

Selena Kuznikov contributed to this article.

Peggy Helman is a desk associate at MS NOW.

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