Emil Bove continued to work at Justice Dept. after judicial confirmation

WASHINGTON – Emil Bove, a senior Trump administration official, was narrowly confirmed last month to serve as an appeals court judge, brushing past a bitter confirmation fight despite concerns that he would carry out the president’s directives while on the federal bench.

Still, Bove has continued to work at the Justice Department, appearing just last week at a department event to celebrate the crime-fighting takeover of the Washington police, according to video of the gathering. It was just one instance of Bove’s presence at the department, where he has also attended meetings, according to people familiar with the matter who spoke on the condition of anonymity to describe the department’s inner workings.

The code of conduct for federal judges does not appear to apply to Bove, who court records show has yet to be sworn in. But the fact that he has remained at the Justice Department has raised eyebrows.

Some legal experts said that working for the administration after being confirmed could undermine faith in the court system. Others expressed worry that Bove could expose himself to potential conflicts, advising Justice Department officials on matters that may eventually land before him as a federal judge.

“What the rules protect is public trust and confidence in the independence of the judiciary, which is of great value to the country, whether or not there is anything else that is untoward,” said Stephen Gillers, an expert on legal ethics at New York University’s law school. “Putting himself physically in a place where it looks like he is identifying with the president’s political agenda is not fine.”

Chad Gilmartin, a Justice Department spokesperson, defended Bove’s post-confirmation work, but declined to discuss what the future judge had been working on for the department since his confirmation.

“The notion that there’s anything improper here is absurd – both Judge Bove and the department complied with every rule and ethics requirement,” Gilmartin said.

Bove received his commission to join the 3rd U.S. Circuit Court of Appeals, in Philadelphia, on Aug. 20. A day after Bove received his judicial commission, he attended the event in Washington with Justice Department leaders and President Donald Trump.

The code of conduct for federal judges, which bars activity that appears to compromise their independence or impartiality, does not go into effect until a judge is sworn into office.

This article originally appeared in The New York Times.