Trump-Appointed Judge Emil Bove Attends Rally Amid Contempt Inquiry Over DOJ Conduct

Emil Bove, who was confirmed this summer by a GOP-controlled Senate to a lifetime seat on the federal bench, attended a Trump rally in Pennsylvania this week — a move that has renewed questions about judicial ethics as he faces scrutiny in a separate Department of Justice matter.

Background

Bove serves on the Philadelphia-based Third Circuit. His confirmation drew criticism because of alleged ethical lapses dating to his time as a Department of Justice lawyer, when opponents say he mishandled multiple cases. Those concerns raised expectations that, once elevated to the bench, he would take extra care to avoid actions that could create an appearance of partisanship.

The Rally

At the Pennsylvania event, Bove told MS NOW reporter Vaughn Hillyard he attended "as a citizen" to hear the president speak. While private citizens have a right to political expression, sitting judges are generally expected to avoid public activity that could create an appearance of impropriety or bias, particularly when the speaker is the president who nominated them and whose policies they may one day review.

Emil Bove, US circuit judge for the third circuit, during an event on inflation on Dec. 9 in Mount Pocono, PA.(Bloomberg via Getty Images)

Contempt Inquiry And Whistleblower Allegations

Bove is also a figure in a Washington, D.C., contempt inquiry examining Department of Justice lawyers' response to a judge's order in March to halt flights under the Alien Enemies Act to El Salvador. A DOJ whistleblower, Erez Reuveni, has alleged that Bove said DOJ would need to consider telling the courts "f— you" and ignoring such an order. Reuveni is scheduled to testify next week in Washington.

"[Bove] said DOJ would need to consider telling the courts 'f— you' and ignore any such court order," — Whistleblower Allegation

In a sworn declaration filed this week, Bove acknowledged that he "contributed to privileged legal advice" on the matter but said he was not authorized to disclose privileged communications. The D.C. court's contempt inquiry remains pending.

Why This Matters

Judges are expected to maintain not only impartiality but also the appearance of impartiality. For a newly confirmed federal judge already criticized for past conduct, appearing at a high-profile political event hosted by the president who appointed him risks undermining public confidence in judicial independence. Critics say the rally attendance is inconsistent with the restraint many expect from members of the federal judiciary while a related investigation is underway.

What Happens Next: The contempt inquiry and the whistleblower's upcoming testimony could yield additional public records or findings that clarify Bove's role. Until then, his public political appearance is likely to remain a focal point for critics and ethics observers.