A watchdog group launched a records lawsuit Thursday to obtain communications involving Emil Bove, a senior Justice Department (DOJ) leader at the center of a recent whistleblower complaint.
American Oversight seeks to enforce seven Freedom of Information Act (FOIA) requests it made in February and March, filing the new lawsuit in the lead-up to Bove’s confirmation to a federal judgeship.
“Through Defendant’s failure to respond to American Oversight’s FOIA request within the time period required by law, American Oversight has exhausted its administrative remedies and now seeks immediate judicial review,” the lawsuit states.
Bove has faced several controversies during his brief tenure. The whistleblower, Erez Reuveni, accused the judicial nominee of saying during a March meeting that the department may need to tell the courts “f— you” if they try to block swift deportations under the Alien Enemies Act.
Reuveni was fired from the DOJ’s immigration section after telling a judge in a separate case that officials had mistakenly deported Kilmar Abrego Garcia to El Salvador’s notorious CECOT megaprison.
The FOIA requests include a demand for communications sent by Reuveni, Bove and other top department leadership that mention the prison, the Alien Enemies Act or related terms.
“Over the past six months, information has come to light suggesting that Mr. Bove may have violated his ethical obligations and acted to defy the Constitution and the rule of law, including, most recently, reports that he encouraged other DOJ attorneys to defy court orders,” the lawsuit notes.
Another records request seeks the official’s communications involving New York City Mayor Eric Adams (D) and any notes from a Jan. 31 meeting about his criminal corruption case. Bove played a key role in pressuring prosecutors to drop the charges against Adams, sparking a wave of prosecutorial resignations before Bove himself signed the motion.
American Oversight previously filed a bar complaint against Bove in New York alleging he potentially committed professional misconduct in the case. But the watchdog is most well-known for regularly filing FOIA litigation against the federal government.
The Hill has reached out to the Justice Department for comment.
The group’s lawsuit also seeks communications between Bove and Stephen Miller, the architect of the White House’s immigration policy; any emails the judicial nominee sent mentioning ethics and employee discipline; any emails he had with tech billionaire Elon Musk or Department of Government Efficiency (DOGE) personnel; and any communications Bove sent or received mentioning FBI Director Kash Patel.
Bove had given the order to dismiss prosecutors who worked on the cases of those involved in the Jan. 6, 2021, attack on the Capitol, and demanded a list of FBI agents who worked on such cases.
One of President Trump’s former personal criminal defense attorneys, Bove joined DOJ upon Trump’s inauguration as its acting No. 2 official. Once Todd Blanche was confirmed to the post, Bove became principal associate deputy attorney general.
Now, the president has nominated Bove to a judgeship on the 3rd U.S. Circuit Court of Appeals. Democrats scrutinized Bove at his confirmation hearing last month, and his committee vote is expected in the coming weeks.
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