Sen. Thom Tillis (R-N.C.), a member of the Senate Judiciary Committee, who faces a tough re-election race in 2026, has informed the White House that he will not support Ed Martin, President Trump’s choice to serve as U.S. attorney for the District of Columbia, killing the nomination.
Martin is currently serving as the interim U.S. attorney for the District of Columbia and has coming under criticism for helping to organize the “Stop the Steal” movement after the 2020 election and for serving as defense counsel to people charged with Jan. 6-related crimes.
Tillis told reporters Tuesday morning that he will not support Martin’s nomination to remain as U.S. attorney for the District of Columbia because of his advocacy for people convicted of Jan. 6-related crimes.
A “no” vote from Tillis kills the nomination because Republicans have a 12-10 majority on the Senate Judiciary Committee and all Democrat on the panel also oppose Martin’s nomination. The nominee could not advance on an 11-11 deadlock.
“If Mr. Martin were being put forth as a U.S. attorney for any district except the district where Jan. 6 happened, the protest happened, I’d probably support him but not in this district,” Tillis told reporter.
The North Carolina said he communicated his position to the White House.
“At this point, I’ve indicated to the White House I wouldn’t support his nomination,” he said.
Martin met with Tillis Monday afternoon in an effort to allay the senators’ concerns, making the argument that many people charged and convicted of Jan. 6-related crimes were over-prosecuted.
“Most of my concerns relate to Jan. 6,” Tillis said Tuesday. “I think that anybody that breached the perimeter should have been imprisoned for some period of time, whether it’s 30 days or three years is debatable but I have no tolerance for anybody who entered the building on Jan. 6 and that’s probably where most of the friction was.”
Tillis said Martin argued to him that some people who were prosecuted for Jan. 6-related crimes “got caught up” in the crowd that entered the Capitol.
“We have to be very, very clear that what happened on Jan. 6 was wrong. It was not prompted or created by other people to put those people in trouble. They made a stupid decision and they disgraced the United States by absolutely destroying the Capitol,” he said.
After Tillis announced his opposition, Senate Majority Leader John Thune (R-S.D.) said there isn’t likely a path for the nominee to reach the floor.
“I think that would suggest that he’s probably not going to get out of committee,” Thune said.
Martin’s position as acting U.S. attorney for the District of Columbia expires on May 20 and if the Senate doesn’t confirm him by then, Judge James Boasberg, the chief judge for the U.S. District Court for the District of Columbia would select his replacement.
Sen. Dick Durbin (D-Ill.), the ranking member on the Senate Judiciary Committee, said Tuesday that Martin’s nomination is effectively defeated.
Durbin said the FBI needed to conduct a background investigation of Martin this week for his nomination to proceed and the decision was made not to move forward given the strong bipartisan opposition to the nominee.
“The decision was made last night not to move forward with the [background investigation,]” he said.
Durbin said “in practical terms,” the nomination is dead in the water.
“In strict legal terms, he’s still interim [U.S. attorney] until the end of May, the 20th or 21st, and the district court judge then has the option to fill the interim vacancy when he’s finished,” he said.
“The writing’s on the wall, he has some problems in his own ranks,” he added.
Democrats on the Senate Judiciary Committee filed a formal complaint against Martin with the D.C. Office of Disciplinary Counsel in March, accusing him of possible prosecutorial misconduct.
Democrats complained that Martin while in private practice served as defense counsel in several cases related to the Jan. 6 attack and personally submitted a motion to dismiss felony and misdemeanor counts against Joseph Padilla and failed to recuse himself from the case as acting U.S. attorney creating “an impermissible conflict of interest and the appearance of impropriety by using his new government office to favor his client.”
And they said that Martin appeared as defense counsel for another Jan. 6 defendant, William Chrestman, a member of the Proud Boys’ Kansas City chapter, who was sentenced to four and a half years in prison after pleading guilty to obstruction of an official proceeding and threatening a federal officer.
Tillis’s opposition to the nominee is remarkable given Trump’s effort to save Martin by intervening with Senate Republicans.
Trump defended Martin and urged GOP senators to support him in a post Monday on Truth Social.
The president argued that the embattled nominee is essential to his healthcare agenda, and cited the support of Secretary of Health and Human Services Robert F. Kennedy, Jr.
“According to many but in, particular, Robert F. Kennedy, Jr., his approval is IMPERATIVE in terms of doing all that has to be done to SAVE LIVES and to, MAKE AMERICA HEALTHY AGAIN. This is a passion for Ed, more so than for almost anyone that I have seen,” Trump posted.
“We are going to take our Country BACK and FAST. Ed Martin will be a big player in doing so and, I hope, that the Republican Senators will make a commitment to his approval,” Trump wrote.
Tillis said he frequently talks to Trump but declined to comment on any specific conversation he had with the president about the nominee.
“The president and I talk all the time,” he said.
Tillis was outspoken in criticizing Trump’s decision to grant blanket pardons to people convicted of Jan. 6-related crimes.
Sen. Susan Collins (R-Maine) said the concerns about Martin’s nomination were more “widespread” than just Tillis.
“I think the concerns are more widespread. Sen. Tillis talked to me last night following an extensive interview he had had with Martin,” she said.
Sen. John Cornyn (R-Texas), another member of the Judiciary Committee, was undecided about Martin’s nomination when asked about it Monday evening, noting to reporters that his “paperwork hasn’t even been cleared and it’s not scheduled for a vote.”
The Texas senator, who faces a primary challenge from Texas Attorney General Ken Paxton, then announced Tuesday morning that he would back the nominee.
“When he comes up for a vote, I intend to support him,” he said. “I tend to defer to the president on his choices.”
Paxton on Monday criticized Cornyn for “trying to undermine President Trump’s agenda by refusing to say whether he supports” Martin.
