When Republican Sen. Thom Tillis announced on June 29 that he would not pursue re-election, he did it with a warning. “In Washington over the last few years, it’s become increasingly evident that leaders who are willing to embrace bipartisanship, compromise, and demonstrate independent thinking are becoming an endangered species,” the North Carolina senator’s announcement read.
But after airing his grievances with the culture of partisanship that has eroded the legislative process, Tillis concluded on a more optimistic note. Without the pressure of seeking re-election, Tillis claimed to “look forward to having the pure freedom to call the balls and strikes as I see fit.”
As it turns out, he doesn’t make a great umpire.
Exactly one month later, Tillis revealed the hollowness of his words when he voted on Tuesday to confirm President Donald Trump’s former attorney Emil Bove to a lifetime appointment to the 3rd U.S. Circuit Court of Appeals.
Bove’s behavior and statements, both confirmed and alleged, made it incredibly clear that he was unbelievably unqualified.
And yet, Bove’s behavior and statements, both confirmed and alleged, made it incredibly clear that he was unbelievably unqualified to serve in this key judicial post. If ever there was a time for Thillis to serve as an independent arbiter of bipartisan truth, this would be it.
In January, days into his term as acting deputy attorney general, Bove ordered the firing of dozens of prosecutors involved in cases against rioters in their attack on the U.S. Capitol on Jan. 6, 2021. Since then, multiple whistleblowers have alleged that Bove misled the Senate Judiciary Committee in a sworn testimony last month, suggested Justice Department personnel may need to defy court rulings that stood in the way of Trump’s aggressive deportation agenda and was involved in the controversial dismissal of the corruption case against New York City Mayor Eric Adams.
Bove also refused to take a public stand on the constitutional question of whether a president can serve a third term as part of a written questionnaire submitted to the Senate, and he gave a notably equivocal answer to the question: “Do you denounce the January 6 insurrection?”
In the type of political culture Tillis professes to yearn for, one in which service to country supersedes fealty to party leaders, the Senate would unanimously reject any nominee with such an extensive catalog of concerns. And yet, only Sens. Susan Collins of Maine and Lisa Murkowski of Alaska had the courage to break from their party. Tillis, on the other hand, told reporters in July that he “didn’t trip the switch on January 6.” And apparently that was enough.
Tillis also tried to argue that the anonymity of the whistleblowers somehow made their allegations less credible, an absurd excuse. First, one of the whistleblowers did identify himself: Erez Reuveni, a now former acting deputy director in the Justice Department.
Second, the reality that whistleblowers often have good reason to shield their identity is one Tillis in particular should appreciate, given that he was a founding member of the Whistleblower Protection Caucus. If Tillis can recognize the risks of retaliation against whistleblowers, then surely he can find a way to evaluate their accounts regardless of how openly they feel comfortable identifying themselves.
Perhaps what feels most disappointing about Tillis’ partisan submission here is that we know he could have done better. In May, Tillis opposition ended the egregious nomination of Ed Martin for U.S. attorney for the District of Columbia before it even reached the stage of a Senate confirmation vote. Just over a month later, the North Carolina senator stood his ground in opposition to Trump’s "big beautiful bill" despite the president’s attacks and threats, ultimately forcing Vice President JD Vance to cast the tie-breaking vote.
Now, Tillis is even more independent than ever — allegedly. Free from the rat race of primaries and fundraising cycles, some Democrats hoped that he would continue to stand as a check against the more radical items of his party’s agenda. But for all of Tillis’ rhetoric about higher principles, his vote to confirm Bove demonstrates just how comfortable he still is taking the easy way out.