By Andrew Goudsward and Sarah N. Lynch
WASHINGTON (Reuters) -A U.S. Senate panel will not move forward with President Donald Trump’s pick for the top federal prosecutor in Washington, D.C. before his temporary appointment expires later this month, a source close to the nomination process told Reuters on Tuesday.
The decision means Ed Martin, who has been serving as the interim U.S. attorney in Washington since Trump returned to office in January, could at least temporarily have to leave his post.
Martin has faced opposition, even from some Republicans, over his conduct in office, political advocacy and support for people who took part in the January 6, 2021 attack on the U.S. Capitol.
The Senate Judiciary Committee, which must approve the nomination, is not expected to act until May 22 at the earliest, two days after Martin’s 120-day interim appointment will expire, the source said.
It marked a rare setback for a Trump nominee before the Republican-controlled U.S. Senate, which has largely approved Trump’s picks since his original choice for attorney general — former Representative Matt Gaetz — dropped out of the running.
“Ed Martin is a fantastic U.S. Attorney for D.C. and will continue to implement the President’s law-and-order agenda in Washington,” White House spokesperson Alex Pfeiffer said.
Spokespeople for Martin and Senator Chuck Grassley, the Republican chairman of the judiciary committee, did not immediately respond to requests for comment.
At least one Republican Senator, Thom Tillis of North Carolina, who serves on the judiciary committee, expressed misgivings about Martin. Others said they were still reviewing his record.
U.S. law allows the federal District Court in Washington to appoint an interim U.S. attorney to serve until the Senate confirms a replacement. The court could decide to keep Martin in the role.
Martin has presided over a turbulent period at the largest U.S. federal prosecutor’s office, which has included Trump’s sweeping pardons for nearly all accused of participating in the attack on the U.S. Capitol, firings and demotions of prosecutors who worked on that investigation and unusual public threats to investigate people opposed to Trump and his administration.
‘DOESN’T HAVE THE TEMPERAMENT’
“His record makes clear that he doesn’t have the temperament or judgment for this job,” Senator Dick Durbin of Illinois, the top Democrat on the judiciary committee, said during a May 1 meeting.
Martin has touted a drop in violent crime in Washington during his tenure and portrayed himself as a crime fighter and loyal enforcer of Trump’s agenda. His open embrace of Trump marked a departure from tradition for U.S. attorneys, who typically avoid political statements and operate with a degree of independence.
In recent weeks, Martin moved a prosecutor tasked with handling local felony cases into his leadership team to assist with his confirmation, according to three people familiar with the matter. The people said it was unusual to assign a career prosecutor to work on a political matter.
Democrats called for a hearing on his nomination, a rare step for U.S. attorney roles, which typically are voted on without appearing before a Senate panel. Martin initially omitted prior appearances on Russian state-run media outlets in his written submissions to the committee.
Martin oversaw the dismissal of all pending cases stemming from the Capitol riot, including one against a defendant he represented as a defense attorney.
He sent letters to several Democratic lawmakers who he said could be investigated over political rhetoric that could be construed as threatening and vowed to investigate interference with Elon Musk’s government cost-cutting team.
Martin previously defended three former January 6 defendants in court and was a supporter of Trump’s false claims that the 2020 election had been stolen through voter fraud.
He faced criticism from Democrats over his ties to Timothy Hale-Cusanelli, an Army reservist convicted of storming the Capitol whom prosecutors described as a Nazi sympathizer, a claim Hale-Cusanelli’s lawyer denied.
Martin did not represent Hale-Cusanelli, but praised him publicly as a “great man” and a foundation Martin headed presented him with an award in 2024.
Martin told the Senate panel in a written response that he condemned Hale-Cusanelli’s past remarks and was not previously aware of them, even though the case received widespread attention.
(Reporting by Andrew Goudsward; Editing by Scott Malone, Bill Berkrot and Alistair Bell)
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