Trump's controversial pick for US attorney faces GOP roadblock

The Senate looks likely to sink the nomination of Ed Martin, President Trump’s pick for U.S. attorney for D.C., leaving his future in doubt amid a pressure campaign on the GOP from the president.

Martin, who is already serving as interim U.S. attorney, can only do so for 120 days, leaving a May 20 deadline to confirm his nomination.

His prospects took a major hit Tuesday when Sen. Thom Tillis (R-N.C.), a member of the Senate Judiciary Committee, said he would not back the controversial nominee.

“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.

It’s a rare case of a Senate Republican presenting a roadblock to a Trump nominee — even as the president on Tuesday morning urged the Senate Judiciary Committee to set a date to consider Martin’s nomination.

Senate Majority Leader John Thune (R-S.D.) suggested it could be the end of the road for Martin.

“I think that would suggest that he’s probably not going to get out of committee,” he told reporters.

Martin’s office did not respond to a request for comment.

A former "Stop the Steal" speaker, Martin represented several Jan. 6 defendants in trials, while one of his first moves in his current post was to reassign or dismiss prosecutors on those cases. He also simultaneously represented one client while moving to dismiss charges against him as U.S. attorney, doing the same for all cases in the wake of broad pardons issued by Trump on his first day in office.

He wrote a public letter to Elon Musk threatening to use his prosecutorial platform to go after those who “even acted simply unethically,” later launching investigations into two Democratic lawmakers, including Senate Minority Leader Chuck Schumer (D-N.Y.)

He’s sent letters to Georgetown University threatening to investigate the school over its diversity, equity and inclusion policies, and more recently he sent letters to a D.C.-based medical marijuana dispensary saying it was “operating in violation of federal law.”

Sen. Dick Durbin (D-Ill.), the ranking member on the Senate Judiciary Committee, said Martin’s nomination is dead, in “practical terms.” 

He noted that the FBI needed to conduct a background investigation of Martin by this week for his nomination to come up for a vote in committee before a May 20 deadline.

“The decision was made last night not to move forward with the [background investigation],” he said.

“In strict legal terms, he’s still interim [U.S. attorney] until the end of May, the 20th or 21st, and the district court judge then has the option to fill the interim vacancy when he’s finished,” he said. 

It’s not entirely clear who in the U.S. District Court for the District of Columbia would select Martin’s replacement, but the decision could very well fall to Chief Judge James Boasberg, a judge whom Trump has already called for the impeachment of after the jurist moved to halt deportation flights to El Salvador.

Durbin said Martin will continue serving as interim U.S. attorney until May 20 but that his departure is certain.

“The writing is on the wall, he has some problems in his own ranks,” he added. 

Trump on Tuesday pushed for the Senate Judiciary Committee to take up Martin’s nomination as soon as possible.

“We are going to take our Country BACK, and FAST. Ed Martin will be a big player in doing so and, I hope, that the Republican Senators will make a commitment to his approval, which is now before them,” Trump wrote in a post on his social media site.

“Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN. When some day in the future you look back at your Vote for Ed Martin, you will be very proud of what you have done for America and America’s Health. MAKE AMERICA GREAT AGAIN!” 

Sen. Susan Collins (R-Maine) said the concerns about Martin’s nomination were more “widespread” than just Tillis, though she explained that she had not yet taken a position on the nominee. 

“I think the concerns are more widespread. Sen. Tillis talked to me last night following an extensive interview he had had with Martin,” she said Tuesday. 

Sen. Eric Schmitt (R), a member of the Judiciary panel, who represents Martin’s home state of Missouri, said he doesn’t know if Martin’s nomination can be saved. 

“I think D.C. has been a mess and you need a U.S. attorney who’s going to take on violent crime, and that’s why I support Ed,” he said. 

“I’d like for him to move forward, but we’ll see,” he said. 

Senate Judiciary Chair Chuck Grassley (R-Iowa) did not include Martin’s name among those to be considered at recent business meetings, including one set for Thursday.

A source familiar with the matter told The Hill it may not be possible for the May 20 deadline to be met, given the GOP opposition to Martin and the fact its next business meeting isn’t scheduled until May 22.

Sen. Adam Schiff (D-Calif.) has also placed a hold on Martin’s nomination — a move that would limit his ability to be swiftly considered on the full Senate floor.

The delay in Martin’s consideration is in part due to his failure to fully fill out the disclosure forms required under the nomination process, needing to make four updates to disclose media appearances and other required items.

Martin initially failed to disclose more than 150 appearances on Russian media, including on RT, formerly Russia Today, and Sputnik. Democrats also previously noted that Martin appeared to have removed more than 1,000 hours of his podcast from various streaming platforms.

Democrats have asked for a hearing on Martin’s nomination — something the committee does not typically do for U.S. attorney nominees, which are reviewed by looking at their confirmation paperwork.

In doing so they drew attention to Martin’s praise a of a Nazi sympathizer in a speech he gave at Trump’s Bedminster golf club. Lawmakers described Tim Hale, a Jan. 6 participant, as having an “extensive and well-known history of antisemitism, misogyny, and racism, including direct praise of Adolf Hitler.”

“It’s one of the goals of many of us to make sure that the world — and especially America — hears more from Tim Hale because he’s extraordinary,” Martin said during the remarks after calling Hale “an extraordinary man, an extraordinary leader.”

Martin later apologized in an interview with The Forward. 

“I denounce everything about what that guy said, everything about the way he talked and all, as I’ve now seen it,” Martin told the outlet focused on Jewish issues. “At the time, I didn’t know it.”

Martin’s nomination had become a divisive issue within the broader Republican Party as conservatives ramped up pressure on wavering Republican senators to support it.

Sen. John Cornyn (R-Texas), a member of the Judiciary Committee, declined to say whether he would back Martin when asked about it Monday evening.

His undecided position prompted sharp criticism from his Senate Republican primary challenger, Texas Attorney General Ken Paxton, who accused Cornyn of “trying to undermine President Trump’s agenda.”

Cornyn announced his support for Martin on Tuesday morning, right around the time Tillis announced his opposition.

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