President Trump’s pick to be Washington’s top prosecutor appears to be in trouble with Senate Republicans.
No GOP senator has said they will oppose Ed Martin to be U.S. attorney for the District of Columbia, a spot he currently fills in an acting capacity. But several are publicly raising concerns or refusing to say if they will vote for him — an unusual posture for senators who have been largely deferential to Trump’s nominees.
“I’m hearing that at least a couple members of the [Senate Judiciary] Committee have expressed some concerns about him,” said Sen. Lisa Murkowski, who is not a member of the panel.
The Judiciary Committee won’t hold a hearing on Martin’s nomination, in line with the panel’s precedent for U.S. attorney picks. Chair Chuck Grassley (R-Iowa) said in a brief interview this week that he hasn’t yet determined when to schedule a vote to advance Martin, noting that members want to meet with him and that the committee is working through his responses to hundreds of submitted questions.
It’s not clear that Martin will be able to get through the committee, which is split 12-10 — meaning opposition from one GOP senator would be enough to deadlock the panel. Sen. Thom Tillis (R-N.C.), one of the most vulnerable members up for reelection in 2026, expressed concerns over his previous comments minimizing the Jan. 6, 2021, Capitol riot.
“I’ll be meeting with him,” Tillis said. “We’ve just got to be very careful because this place suddenly becomes a target if we feel like we have a prosecutor who’s not inclined to prosecute those kinds of cases. So I just need to get comfortable.”
Asked Thursday if he thought Martin had the votes, Thune said “he’s got out of the committee first, so we’ll cross that bridge when we come to it.” If the panel deadlocks, Thune could still try to get Martin’s nomination to the floor, but it wouldn’t bode well for his chances of confirmation.
Senate Republicans haven’t formally rejected any of Trump’s nominees so far, and some hinted this week they were waiting to see if they would be forced to vote on him or if the White House would pull the nomination given the potential opposition. Given their 53-seat majority, four Senate Republicans would need to vote against him along with every Democrat and independent.
Sen. John Cornyn (R-Texas), a leadership adviser who is on the Judiciary Committee, declined on Thursday to say if he would vote for Martin, adding, “We’ll cross that bridge when we come to it.”
Murkowski said she did not currently have a meeting scheduled with Martin, but that “if his nomination seems to be moving forward and it was clear that I was going to be in a position where I would have to vote on the floor — yeah, I would want to meet him.”
Martin has previously been critical of or called for primary challenges against some of the same Senate Republicans who now hold the fate of his nomination in their hands. Among the senators Martin has previously targeted are Susan Collins of Maine and Mitch McConnell of Kentucky, who would both likely be key votes if he gets to the floor.
But it’s his previous comments and actions related to Jan. 6 that have sparked the most public heartburn among GOP senators, including from Murkowski and Sen. John Curtis (R-Utah). Martin backed the “stop the steal” movement in the wake of the 2020 election, defended Jan. 6 rioters and has launched an investigation into the Justice Department’s charges against some of those who participated in the riot.
Hailey Fuchs contributed to this report.
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