Ed Martin's nomination as U.S. attorney for the District of Columbia is facing significant hurdles after Senator Thom Tillis (R-N.C.) publicly announced he would not support the controversial nominee. This decision comes as Martin, currently serving as the interim U.S. attorney, grapples with overwhelming opposition from both Democrats and some Republicans within the Senate Judiciary Committee.
On Tuesday, May 6, 2025, Tillis confirmed his stance after meeting with Martin the previous evening. "I’ve indicated to the White House I wouldn’t support his nomination," Tillis stated, citing Martin's advocacy for individuals involved in the January 6, 2021, Capitol riot as a primary concern. He noted that while Martin made a case that some defendants were over-prosecuted, he believed that anyone who breached the Capitol that day deserved some form of punishment.
The Senate Judiciary Committee, which has a Republican majority of 12 to 10, faces a critical deadline as Martin's interim position expires on May 20. With Tillis's opposition, Martin's chances of advancing out of committee are slim, as a tie vote of 11-11 would prevent his nomination from reaching the full Senate for consideration. Senate Majority Leader John Thune (R-S.D.) remarked that the likelihood of Martin's nomination progressing is diminishing.
Compounding the challenges, Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) did not include Martin's nomination on the agenda for the committee's upcoming meeting, signaling a lack of support. Grassley stated, "I want to put people on the agenda that I can help the president be successful in his nominees," emphasizing the need for nominees who can garner sufficient votes.
Martin's nomination has been marred by controversy since President Donald Trump nominated him in March. Critics point to Martin's history of representing defendants charged in connection with the January 6 events, as well as his involvement in the "Stop the Steal" movement. Tillis expressed that if Martin were being considered for a position in any district other than the one where the Capitol riot occurred, he might have supported him. "If Mr. Martin were being put forth as a U.S. attorney for any district except the district where Jan. 6 happened, I’d probably support him but not in this district," Tillis said.
On the same day as Tillis's announcement, Trump took to Truth Social to rally support for Martin, calling his confirmation "IMPERATIVE" for the nation's health agenda. Trump emphasized Martin's role in the healthcare initiatives led by Health and Human Services Secretary Robert F. Kennedy Jr., stating, "Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN."
Despite Trump's backing, Martin's confirmation is in jeopardy. He has faced scrutiny for failing to disclose nearly 200 media appearances in his initial disclosures, and he has had to update his documentation several times. His past comments, including those denigrating police officers who defended the Capitol on January 6, have raised further alarms among senators.
Senator Dick Durbin (D-Ill.), the ranking member on the Senate Judiciary Committee, indicated that Martin's nomination is effectively dead due to the bipartisan opposition. Durbin noted that the FBI needed to conduct a background investigation of Martin this week for the nomination to proceed, but the decision was made not to move forward given the strong resistance.
This situation has led to an unusual coalition of opposition, with Democrats filing a formal complaint against Martin with the D.C. Office of Disciplinary Counsel in March, citing potential prosecutorial misconduct. They accused Martin of creating conflicts of interest by serving as defense counsel in several January 6-related cases while simultaneously holding the position of acting U.S. attorney.
Republican senators have also expressed their reservations. Senator John Cornyn (R-Texas), who initially remained undecided, announced on May 6 that he would support Martin, while other members of the committee, including Senator Josh Hawley (R-Mo.), suggested that the fate of Martin's nomination ultimately rests with Trump and his influence over the Senate Republicans.
As the clock ticks down to the May 20 deadline, the White House remains optimistic, with officials reportedly consulting with legislative advisors on potential next steps to salvage Martin’s nomination. Meanwhile, 23 Republican state attorneys general have sent a letter urging the Senate to move forward with his confirmation.
Martin's brief tenure as interim U.S. attorney has not been without its controversies. He has been accused of referring to the office of federal prosecutors as "President Trump's lawyers" and has demoted several senior attorneys involved in the January 6 cases. His connections to far-right figures and his previous praise for a Capitol rioter have only intensified scrutiny of his nomination.
With a new nominee potentially needing to be appointed if Martin's confirmation fails, the stakes are high for both the Trump administration and the Senate Judiciary Committee. As the situation unfolds, all eyes will be on the Senate as they navigate the complexities of this contentious nomination process.
