Key GOP senator says he won’t back controversial Trump pick for US attorney for DC

Sen. Thom Tillis (R-N.C.), a key vote on the Senate Judiciary Committee, says he will not support Ed Martin’s nomination to serve as U.S. attorney for the District of Columbia, citing his concerns over Martin’s advocacy for people who stormed the U.S. Capitol on Jan. 6, 2021.

Tillis’s opposition is a serious blow, as Martin needs the support of a majority of the Senate Judiciary Committee to advance to the Senate floor, and other Republicans on the panel have yet to announce their positions.

“If Mr. Martin were being put forth as a U.S. attorney for any district except the district where Jan. 6 happened, the protest happened, I’d probably support him. But not in this district,” Tillis told reporters Tuesday.

“At this point, I’ve indicated to the White House I wouldn’t support his nomination,” Tillis said.

Senate Majority Leader John Thune (R-S.D.) said Tuesday that Martin's nomination could be in serious trouble.

"I think that would suggest that he's probably not going to get out of committee," Thune told reporters when asked about Tillis's opposition to the nominee.

Tillis met with Martin, who is serving as acting U.S. attorney for the District of Columbia, on Monday afternoon.

While serving as interim U.S. attorney, Martin has dropped cases against Jan. 6 protesters and fired career prosecutors in the office.

Martin has come under criticism for helping to organize the “Stop the Steal” movement after the 2020 presidential election and serving as defense counsel in Jan. 6-related cases.

Democrats on the Senate Judiciary Committee filed a formal complaint against Martin with the D.C. Office of Disciplinary Counsel in March, accusing him of possible prosecutorial misconduct.

Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) hasn’t yet made a decision on when to hold a meeting on Martin.

Martin got a boost earlier Tuesday when Sen. John Cornyn (R-Texas) said he would support his nomination, after telling reporters the day before he had not yet reached a decision. 

"When he comes up for a vote, I intend to support him," Cornyn said Tuesday morning.  “I tend to defer to the president on his choices.”

Cornyn had been criticized by his Republican primary challenger, Texas Attorney General Ken Paxton, for not backing Martin earlier. Paxton accused Cornyn of “trying to undermine President Trump’s agenda by refusing to say whether he supports” the embattled nominee.

Senate Republicans control a 12-10 majority on the Judiciary Committee, which means Martin wouldn't advance to the floor if Tillis votes no. A "no" vote from Tillis would result in an 11-11 deadlock.

If Tillis votes "present," then it would require another Republican on the panel to withhold his or her support to block the nominee in committee. 

Updated at 11:11 a.m.