If he chooses to run for reelection, North Carolina U.S. Sen. Thom Tillis will need to overcome quashing a judicial pick of President Donald Trump that effectively empowers a judicial adversary to the administration.
The 12-10 Republican majority of the Judiciary Committee in the Senate will have no Democrats voting for Ed Martin, the Trump pick to serve as a U.S. attorney in the District of Columbia. Tillis said this week he’s not going to support him either, and an 11-11 deadlock will not advance Martin from the committee.
Martin is in the position on an interim for two more weeks, and if still unconfirmed, the chief judge of the district selects the replacement. Most recently, Chief Judge James Boasberg has presided in litigation involving the Trump administration and the Alien Enemies Act used for deportations; and in the Signal app fiasco involving Defense Secretary Pete Hegseth.
More dated, Boasberg ruled former Vice President Mike Pence had to comply with testimony to a grand jury for a special counsel investigation of the events at the Capitol on Jan. 6, 2021.
Republicans hold 22 seats that are in next year’s election cycle. The Cook Political Report doesn’t consider any to be toss ups; Tillis and Maine Sen. Susan Collins are alone in the “lean R” group and Ohio’s Jon Husted is alone in “likely R.” The Senate has 53 Republicans today, with 45 Democrats and two independents caucusing with them.
Twenty-three attorneys general across the country, led by Indiana’s Todd Rokita, have urged Senate Majority Leader John Thune of South Dakota and Sen. Chuck Grassley of Iowa, the chairman of the Judiciary Committee, to complete Martin’s confirmation. According to reports, the FBI confirmation of Martin is not going forward, signaling the end of Martin’s confirmation within the committee.
Tillis has said his opposition to Martin lies in the prosecutor’s ties to the Jan. 6 events. The two met earlier this week, and Tillis has let the White House know of his opposition.
The confirmation of Hegseth came through a tie-breaking vote by Vice President J.D. Vance after Tillis decided in the 11th hour to support Trump’s nomination. The senator has been called out in western North Carolina for his actions related to FEMA and Hurricane Helene.
May 20 is the deadline for Martin’s time as an interim prosecutor in the U.S. attorney’s office in the District of Columbia.
