Former Missouri Republican Party Chairman Ed Martin’s nomination as U.S. attorney for Washington, D.C., is facing pushback from a California Democratic senator.
Sen. Adam Schiff placed a hold on Martin’s nomination on Tuesday, a move that could block senators from voting quickly on the nomination. Schiff is a member of the Senate Judiciary Committee, which vets nominees for U.S. attorney posts.
“No one embodies Donald Trump’s personal weaponization of the Justice Department more than Ed Martin,” Schiff said in a statement. “He is unfit to serve as a lawyer, let alone one with the resources – and cover from the Senate – to further twist the power of the law and law enforcement to go after Americans who stand up for the rule of law and for our democracy.”
Daniel Ball, a spokesman for Martin, said he had no comment on Schiff’s action. Martin is serving in an interim role while his nomination is pending.
Schiff went on to say that Martin “has demolished the firewalls between the White House and his own office within the Department of Justice.” The California Democrat alluded to episodes during Martin’s nine-week tenure as an interim appointee, including threatening to prosecute people who interfere with billionaire Elon Musk’s Department of Government Efficiency.
“Confirming him to serve permanently in the role he has already abused in his interim capacity would cross the prosecutorial Rubicon that every single Senator would come to regret and that would threaten the rights of Americans from all walks of life,” Schiff said.
Any member of the Judiciary Committee can place a hold on a U.S. attorney nomination. Carl Tobias, a law professor at the University of Richmond, said Schiff’s move won’t be the deciding factor on whether Martin is confirmed. Judiciary Committee rules say a hold would prevent a nominee from getting unanimous consent on the floor or delay a committee hearing for a week.
A bigger issue could be Martin receiving enough GOP support, especially since North Carolina Sen. Thom Tillis has expressed apprehension about Martin’s nomination.
Tobias said that Tillis may face a lot of pressure, particularly from President Donald Trump, to back Martin’s nomination.
Missouri senators back Martin
Illinois Sen. Dick Durbin joined the nine other Democrats on the Judiciary Committee signing a letter asking for a hearing on Martin’s nomination.
“While the Senate Judiciary Committee does not typically hold hearings for U.S. Attorney nominees, Mr. Martin’s record merits heightened scrutiny,” the letter states.
Tobias said it’s fairly unusual for that committee to have individual hearings on U.S. attorney nominees.
“It's just done by the staff, and almost always the home state senators vouch for the person and know the person very well. And it goes very smoothly,” Tobias said. “There are no glitches, there are no questions that are asked. I think he has a number of issues swirling around, just in terms of what he's been doing since he became acting U.S. attorney. But before that, there are a whole number of other problems.”
Martin was controversial in Missouri — including being at the center of an email retention scandal while he was Gov. Matt Blunt’s chief of staff. He also said on a 2015 episode of Politically Speaking that the United States should pause all immigration.
And after moving to Virginia, Martin represented people accused of crimes linked to the Jan. 6 insurrection. Seven House Democrats have called for the Department of Justice investigator general to look into Martin, particularly on how he dismissed charges against someone accused of Jan. 6-related crimes whom he represented in court.
Missouri Sens. Eric Schmitt and Josh Hawley said last month they support Martin’s nomination. Both Republican lawmakers serve on the Judiciary Committee.
“I think Ed would do a good job. I think he's already taking on violent crime in many ways, in D.C., which is a real problem,” Schmitt said. “I think that's a very important position. I would support him.”
Hawley noted that Martin has always been known as a “disruptor,” which is likely why Trump nominated him. But he also said that Martin is a team player who is following through with Department of Justice directives to fight crime in Washington, D.C.
“So his passion, his drive, his disruption can be really helpful in court prosecuting these people,” Hawley said.
Tobias said there could be fireworks if Judiciary Committee Chairman Chuck Grassley grants the request to have a hearing for Martin. As of Wednesday, the Iowa Republican senator hasn’t scheduled one.
“[Grassley] might well schedule a hearing if he's forced to,” Tobias said. “But that hearing will be incendiary.”
Grassley spokesman David Bader said the Senate Judiciary Committee hasn’t held a hearing for a U.S. Attorney nominee in more than 40 years, and not once in the time Grassley has chaired or been ranking on the committee.
"Chairman Grassley intends to maintain this precedent," Bader said in an email on Thursday. "The Judiciary Committee will thoroughly review Ed Martin’s background and qualifications, including his questions for the record, as part of its standard nominations process for U.S. Attorneys."
Updated on Thursday at 11 a.m. with comments from Sen. Chuck Grassley's spokesman.
