[Congressional Record Volume 171, Number 130 (Tuesday, July 29, 2025)]
[Senate]
[Pages S4807-S4808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Vote on Bove Nomination
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the Bove nomination?
Mr. SCHUMER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. BARRASSO. The following Senator is necessarily absent: the
Senator from Tennessee (Mr. Hagerty).
Further, if present and voting: the Senator from Tennessee (Mr.
Hagerty) would have voted ``yea.''
The result was announced--yeas 50, nays 49, as follows:
[Rollcall Vote No. 448 Ex.]
YEAS--50
Banks
Barrasso
Blackburn
Boozman
Britt
Budd
Capito
Cassidy
Cornyn
Cotton
Cramer
Crapo
Cruz
Curtis
Daines
Ernst
Fischer
Graham
Grassley
Hawley
Hoeven
Husted
Hyde-Smith
Johnson
Justice
Kennedy
Lankford
Lee
Lummis
Marshall
McConnell
McCormick
Moody
Moran
Moreno
Mullin
Paul
Ricketts
Risch
Rounds
Schmitt
Scott (FL)
Scott (SC)
Sheehy
Sullivan
Thune
Tillis
Tuberville
Wicker
Young
NAYS--49
Alsobrooks
Baldwin
Bennet
Blumenthal
Blunt Rochester
Booker
Cantwell
Collins
Coons
Cortez Masto
Duckworth
Durbin
Fetterman
Gallego
Gillibrand
Hassan
Heinrich
Hickenlooper
Hirono
Kaine
Kelly
Kim
King
Klobuchar
Lujan
Markey
Merkley
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Rosen
Sanders
Schatz
Schiff
Schumer
Shaheen
Slotkin
Smith
Van Hollen
Warner
Warnock
Warren
Welch
Whitehouse
Wyden
NOT VOTING--1
Hagerty
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table, and the
President will be immediately notified of the Senate's action.
The Democratic leader.
Mr. SCHUMER. Madam President, I want to be very clear about what
Senate Republicans are doing.
Tonight, Senate Republicans vote to put Emil Bove--a January 6
sympathizer--on one of the highest courts in the country. They reward a
man--credibly accused of wanting to lie to judges--with a black robe
and a gavel of his own. And they are confirming him for one reason
only: Mr. Bove is loyal to Donald Trump. Therefore, Donald Trump wants
him on the bench. The calculus is as simple as that--as simple as that.
It is unfathomable that, just over 4 years after the insurrection at
the Capitol--when rioters smashed windows, ransacked offices, and
desecrated this Chamber--Senate Republicans are willingly putting
someone on the bench who shielded these rioters from facing justice,
who said their prosecution was a grave national injustice.
To my colleagues who were here on January 6 and who are now putting
him on the bench, shame on you. To confirm Mr. Bove is a sacrilegious
act against our democracy, a deep violation against the spirit of our
oaths of office.
But this is not just about January 6. Mr. Bove has been accused by
multiple whistleblowers of telling DOJ lawyers to intentionally mislead
judges about the administration's policy. Mr. Bove denied these claims,
but we have text messages, emails, and other documents saying
otherwise. Recently, another whistleblower has come forward, sharing
evidence with Senators, suggesting Mr. Bove misled the Judiciary
Committee during his sworn testimony.
Since it seems very likely Mr. Bove lied to Senators, he never should
become a Federal judge, but Republicans
[[Page S4808]]
are rushing Mr. Bove through tonight, hoping the American people aren't
paying attention. That includes the Judiciary chairman, someone who
prides himself on standing up for whistleblowers but who rushed the
process through in committee without fully vetting this nominee and
without getting to the bottom of the facts underpinning these grave
accusations.
Honestly, how have Republicans allowed the bar to fall so low--so
dismally low--that they would confirm someone accused of lying to
judges to the bench without turning over every stone and examining
every lead before making this decision?
How have our Republican colleagues forgotten the horrors of January 6
so soon that they would let Mr. Bove--one of the great defenders of the
insurrectionists--sail through this Chamber?
This is a dark, dark day, a dark vote, and a dangerous nominee
Republicans are confirming.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey.
Mr. BOOKER. Madam President, I want to thank Senator Schumer, the
Democratic leader, for his words.
This is a really tough moment for me, not just because this is in New
Jersey. This is someone who has had something I have never seen
before--hundreds of judges, hundreds of Federal prosecutors and Federal
public defenders from both parties come forward, saying that Emil Bove
should not be on the Third Circuit as a judge for a lifetime position;
not only that, but that his temperament of using vulgarities to show,
it is claimed, that folks should disobey--that the Trump administration
should disobey--court orders disqualifies him from being on the bench.
That is one thing that bothered me.
The other thing is the fact that he has had some of the worst ethics
violations of any judge I have seen come before the Judiciary Committee
in holding back exculpatory evidence when he was a prosecutor. He was
called by former prosecutors and former defense attorneys the drunk
driving version of a prosecutor--reckless and dangerous.
Then, finally, what was the ultimate frustration was we saw a
whistleblower come forward who had impinged his testimony with
receipts, but there were other whistleblowers trying to come forward
who were afraid for themselves because of this climate in which people
who stand up and speak the truth are often targeted and attacked.
Contrary to what my colleague was saying on the floor, their lawyers
were trying to get somebody in the Republican Party just to listen to
the evidence, and no one wanted to even listen.
This is a sad day for our democracy. This is a sad day for the
judiciary and a sad day for the U.S. Senate, whose constitutional
obligation is to advise and consent, to look at all of the evidence,
especially when you have whistleblowers standing up with courage and
wanting to speak the truth--not even to listen to it. We saw those
tactics in the Judiciary Committee: not wanting to have debate, not
wanting to have a discussion, rushing this nominee through as quickly
as possible to this floor for a vote before any more evidence could
come out before another 200, 300, 400 judges or prosecutors could come
out with damning indictments of this man's qualifications.
This is a very unfortunate day for the U.S. Senate, a very
unfortunate day for the State of New Jersey, and a very unfortunate day
for the Third Circuit. I am expressing my deepest disappointment in
this body in its abdication of its responsibilities.
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