At today's Senate Judiciary Committee hearing, Sen. Mazie Hirono (D-HI) questioned Emil Bove, nominee to be to be United States Circuit Judge for the Third Circuit, and current Deputy AG.
00:00I ask every nominee who comes before any of the committees on which I sit the following two initial questions that go to Fitness to Serve by the nominee.
00:10I'll ask you, Mr. Bovee.
00:13Since you became a legal adult, have you made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature?
00:23No.
00:25Have you ever faced discipline or entered into a settlement relating to this kind of conduct?
00:30No.
00:34In the February 23rd, 2025 report in Politico, the title was, quote,
00:42Before he became Trump's bulldog, Emile Bovee was nearly demoted for bellicose management style, end quote.
00:51According to this article, which was put into the record,
00:54when you served as a unit chief at the Southern District of New York, and I'm again quoting this article,
01:01Mr. Bovee quickly garnered a reputation as a manager who was sharply critical of the people who worked for him
01:09and unable to control his anger, his conduct was abusive, according to one former member of the unit.
01:19Are you familiar with this article?
01:22I am.
01:23So, going on, according to this article, in 2020 or early 2021, the executive committee of the U.S. Attorney's Office opened a formal inquiry into Bovee's management style.
01:39They interviewed prosecutors who worked for him about his behavior, and they decided that he should be removed from his role as a supervisor, end quote.
01:52Of course, you are aware of this inquiry and their recommendation.
02:00As well as the fact that I was not removed.
02:02Yes.
02:03I was not removed, Senator.
02:06Can you speak into the mic so we can all hear your answers, please?
02:10I apologize. I was not removed, Senator.
02:13I know you were not removed because the article goes on to say that when this committee decided to demote you and remove you,
02:29you pleaded with them to allow you to remain in your job, and you pledged that you would commit to improving your behavior.
02:40Did you do that? Did you request they not remove you?
02:45Did you plead that you not be removed and that you would change your behavior?
02:51That characterization is not accurate, Senator.
02:55So, you did not change your behavior at all, or did you?
03:00Senator, I'm not perfect, and so when I get constructive criticism, I absolutely—
03:04Speak into the mic, please.
03:06When I get constructive criticism, I absolutely take account of that.
03:10And try and be better at my job, and I did that in that instance.
03:13But the characterization in that article, by anonymous sources, from a whisper campaign, from SDNY alums, is not accurate.
03:22The fact of the matter is, though, this committee did talk to people who worked for you,
03:27and they concluded that you engaged in abusive behavior and that you should be removed, but you got to stay.
03:36And the article, you disagree with the characterization, but why would they go through all this trouble to investigate and all of that?
03:44And they let you stay.
03:46And this, I hope that you had said, well, you would change your behavior.
03:49Because the attitude, the behavior of a judge, I think, is important for us to understand.
03:59During your time as a supervisor in the Southern District of New York, you supervised a team that prosecuted USV, Alice Seder.
04:10You supervised them.
04:12Yes.
04:12And in that case, prosecutors failed to disclose evidence to the point where, even though there was a judgment of guilty,
04:22it resulted in the jury's verdict being overturned and the charges dropped.
04:29And the district court wrote, which I think is pretty unusual, that there was, and I quote the district court,
04:35insufficient supervision.
04:36Supervision, you acknowledged just now that you were the supervisor.
04:42Insufficient supervision of disclosure obligations by the USAO's unit chiefs.
04:50Do you recall the court making that assessment of your supervisory capability?
04:56I do, Senator, and I respect Judge Nathan, and I think that what she was trying to accomplish in that decision
05:02was to make sure that there were protections in place.
05:05Okay, I am running out of time.
05:07I just wanted to do, you had said that the January 6th prosecutions were a grave injustice.
05:14So, does that mean that you agreed with President Trump's pardon of all of the convicted felons?
05:27I am not in a position as a nominee, Senator, to comment on any President's use of the pardon power, which is committed to President's...
05:37Once again, you know, I should think that because you characterized those prosecutions as a grave injustice,
05:43I would think that you would be happy that the President pardoned everybody.
