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Murkowski votes against controversial Trump nominee for appeals court

a woman in the u.s. capitol
Liz Ruskin
/
Alaska Public Media
Sen. Lisa Murkowski at the U.S. Capitol on Oct. 31, 2023. (Liz Ruskin/Alaska Public Media)

Sen. Lisa Murkowski was one of only two Republicans to vote against confirming senior Justice Department attorney Emil Bove to be an appellate judge on the East Coast.

Still, Republicans confirmed him Tuesday night, by a vote of 50 to 49.

Murkowski cited the accounts of whistleblowers to explain why she was unwilling to confirm Bove to a lifetime appointment on the Third Circuit Court of Appeals.

“When somebody who is going to be placed on on the bench as at the Circuit Court level, basically tells other attorneys that you should disregard the law —That, to me, is disqualifying," Murkowski said in an interview Tuesday afternoon. "Just plain and simple, disqualifying.”

She and Sen. Susan Collins of Maine joined all Democrats in voting against Bove.

Murkowski's vote shows that she’s still sometimes willing to disappoint Trump and fellow Republicans, even as progressives remain mad at her for helping Republicans pass Trump's big tax and policy bill a month ago.

Sen. Dan Sullivan was one of the 50 yes votes.

Six retired Alaska state judges penned an op-ed last week, urging Sullivan to reject Bove's nomination.

"In recent times, highly regarded and long-experienced attorneys at the DOJ have resigned, publicly stating that Bove demanded that they act unethically in their handling of high-profile cases," the retired judges wrote.

Sullivan did not respond to an interview request Tuesday.

Other Republican senators emerged from their weekly policy lunch saying they’re committed to doing what it takes to get around Democratic objections and more swiftly confirm Trump’s nominees. Some said they had coalesced around a plan to let Trump bypass the Senate and install nominees while senators are on their August recess.

Murkowski said she’s not on board with any plan that evades the Senate’s authority to confirm nominees.

“It is our responsibility. It is part of our constitutional assignment, on this whole role of advise and consent," she said.

The White House is pushing the Senate to approve Trump’s nominations faster, but Murkowski said the number of confirmations is on par with the past two presidencies at this stage.

Liz Ruskin is the Washington, D.C., correspondent at Alaska Public Media. Reach her at lruskin@alaskapublic.org.