Tillis puts onus on Trump to avoid Boasberg picking US attorney after Martin's nomination appears sunk

Tillis' office put the onus on the Trump administration to pick a new interim U.S. attorney to avoid a left-wing court choosing someone after bucking Ed Martin's nomination.

Sen. Thom Tillis said he will not support Ed Martin, Trump's pick for U.S. Attorney. (Anna Moneymaker/Getty Images)

If an interim U.S. attorney is not confirmed by the Senate within 120 days, however, judges on the federal district court for that district could name a new interim U.S. attorney until the role is filled. Trump antagonist Judge James Boasberg, an Obama-appointed judge at the center of legal efforts targeting Trump's deportation efforts, is the chief judge of the U.S. District Court for the District of Columbia. 

When asked if Tillis is comfortable with the left-wing court picking an interim U.S. attorney, his office told Fox New Digital it is the office's understanding that Attorney General Pam Bondi can pick an acting replacement, bypassing involvement from federal judges. 

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"Our understanding is that if the Senate does not confirm a U.S. attorney before an acting U.S. attorney’s term expires, the attorney general can still pick the next acting replacement as long as it is done before the original appointment expires under 28 USC 546," a spokesman for Tillis' office told Fox News Digital Tuesday. 

Tillis' office referred Fox News Digital to 28 U.S. Code § 546, which says, "If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court."

Interim United States Attorney for the District of Columbia Edward Martin (Getty Images)

"Anybody who committed violence, like the violence in Kenosha and the violence in Portland before them, should be in prison — period, full stop," Tillis said after the pardons. "That segment of pardons — I’m as disappointed as I am with all the pardons that Biden did."

Trump and his administration have rallied support for Martin as his confirmation process comes down to the wire. 

"His approval is IMPERATIVE in terms of doing all that has to be done to SAVE LIVES and to, MAKE AMERICA HEALTHY AGAIN," Trump wrote Monday on Truth Social.

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"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."

Indiana Attorney General Todd Rokita spearheaded a letter to Senate leaders calling for the speedy confirmation of Ed Martin as U.S. attorney.  (Getty Images)

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"I am proud to lead this effort to support Ed Martin because he’s a proven leader who is already devoting all of his time to restoring the rule of law in our nation’s capital," Indiana Republican Attorney General Todd Rokita, who spearheaded the letter, told Fox Digital of his support for Martin. 

"His bold actions have had an immediate impact, which sent the disreputable D.C. news media into a full-blown meltdown. The Senate must act swiftly to confirm him and ensure his critical work continues uninterrupted."

https://www.foxnews.com/politics/tillis-puts-onus-trump-avoid-boasberg-picking-us-attorney-martins-nomination-appears-sunk