Trump's pick for top prosecutor in DC is testing Republican loyalty

WASHINGTON — Most of President Donald Trump's top nominees have sailed through the Senate with little resistance. His pick to be the top federal prosecutor for the nation's capital could be an exception.

Ed Martin Jr., a conservative activist with modest legal experience who has defended rioters who attacked the Capitol on Jan. 6, 2021, is testing Republican party loyalties as a deadline approaches for the Senate to decide whether to extend or end his brief but tumultuous tenure as leader of the country's largest U.S. Attorney's office.

Martin's nomination faces vocal opposition from hundreds of veterans of the office that he is leading on an interim basis. Democrats are trying to tie up his confirmation vote. And Republicans on the Senate Judiciary Committee have said they need more time to review his record.

There were signs of trouble at a Judiciary meeting on Thursday as Illinois Sen. Dick Durbin, the top Democrat on the panel, said it was his understanding that committee chairman Chuck Grassley, R-Iowa, was going to announce ''that we are not going to move forward on the Martin nomination.''

Grassley demurred, saying he would wait to talk about Martin until the committee scheduled a vote. But he said he was still going through hundreds of questions that the committee had posed to Martin, adding that some of his staff ''had more questions'' and wanted to meet with him in person.

It was hardly a ringing endorsement of Martin, who hasn't spent much time in courtrooms but has been a devoted loyalist to Trump.

Within days of taking office in January, Martin fired or demoted veteran attorneys who prosecuted Trump supporters for storming the U.S. Capitol. Before his appointment, he represented and helped raise money for Capitol riot defendants. He frequently appeared on Russian state media to parrot Trump talking points. He even published coloring books glorifying Trump's tweets.

Martin hasn't responded to several Associated Press interview requests since he took office in January, including this week.

Martin recently told NBC Washington that he is confident that Trump made the ''right decision'' in nominating him. He has touted his office's work tackling violent crime. And he has told lawmakers that his opinions won't influence his office decisions.

''We have to keep the streets safe AND fight for America on the world stage. Amazing work and I am blessed to serve Donald Trump in this way," Martin wrote in a Substack post.

Democrats want a rare hearing on Martin's nomination

Any vote on Martin's nomination is bound to be split along party lines. But first, Democrats are calling for a rare hearing where they can grill him.

The Judiciary panel traditionally does not hold confirmation hearings for U.S. attorneys, relying on questionnaires instead.

Even if the committee were to approve Martin's nomination, it would face obstacles on the Senate floor. California Democratic Sen. Adam Schiff placed a hold on the nomination, meaning Republicans would have to spend several days of floor time to confirm him. U.S. attorneys are generally approved in groups by a quick voice vote.

Schiff last month said Martin ''has consistently undermined the independence and abused the power of the U.S. Attorney's office in D.C." since taking office.

Martin has touted endorsements from leading conservative figures, including Elon Musk, Charlie Kirk and Donald Trump Jr. Republican lawmakers, including Sens. Rand Paul of Kentucky and Marsha Blackburn of Tennessee, also have expressed support.

Paul in a post on X said he's confident Martin will ''work to clean up DC and fight against the left's lawless judicial tyranny. Proud to support him as U.S. Attorney!"

His supporters have said his record fighting conservative causes makes him the right person to lead the office that critics have claimed unfairly treated Jan. 6 defendants and should have been more focused on bringing down street crime. Weeks into the job, he announced a ''Make D.C. Safe Again'' initiative to bring more gun cases in federal court, where penalties are stiffer.

But a least one Republican member of the committee appears to have reservations. North Carolina Sen. Thom Tillis, who has expressed some concerns about Martin's Jan. 6 comments, said Thursday that he will meet with Martin next week.

An advocate for Capitol rioters now leads the office that prosecuted them

Trump appointed Martin the same week in January that he issued mass pardons to supporters who attacked the U.S. Capitol four years ago. It was a morale-destroying choice for prosecutors who spent four years building cases against over 1,500 riot defendants, the largest investigation in Justice Department history.

Martin was a leading figure in Trump's ''Stop the Steal'' movement. He spoke at a rally in Washington on the eve of the riot. He also represented three Jan. 6 defendants, which he ranked among the top 10 cases of his legal career on his committee questionnaire.

Former federal prosecutor Michael Romano, who was detailed to help supervise Jan. 6 prosecutions, returned to his home office in the Justice Department before Martin arrived. And yet Martin tried to demote Romano to an entry-level position along with other senior prosecutors who worked on Capitol riot cases.

''He appeared not to realize that I didn't work for him,'' said Romano, who recently joined a private law firm. ''It was a moment that made my eyes roll.''

Martin served on the board of the nonprofit Patriot Freedom Project, which reports raising over $2.5 million to support Jan. 6 defendants. Last year, he presented an award to a Capitol riot defendant, Timothy Hale-Cusanelli, who openly espoused white supremacist and antisemitic ideology and photographed himself sporting a Hitler mustache. He referred to Hale-Cusanelli as a friend who is ''an extraordinary guy.''

Martin told committee members that he condemns Hale-Cusanelli's hateful comments as "abhorrent and deplorable." He claimed he didn't learn about them until after he presented him with the award during an event at Trump's golf club in Bedminster, New Jersey.

But Martin alluded to the controversy when he interviewed Hale-Cusanelli before the awards ceremony. Martin accused prosecutors of leaking photos of Hale-Cusanelli sporting the Hitler mustache to taint the jury pool.

"Not your best moment, but not illegal,'' Martin said.

Martin is no stranger to political controversies

Critics have accused Martin of abusing his office — and his account on Musk's X platform — to intimidate potential targets of investigations.

At least three medical journals received letters from Martin asking about ''competing viewpoints.'' Another letter that he sent on office stationery accused Wikipedia of ''allowing foreign actors to manipulate information and spread propaganda to the American public.''

Martin had a habit of getting ensnared in political controversies — and litigation — during his earlier forays into public service. Nearly two decades ago, he was chief of staff for then-Missouri Gov. Matt Blunt when he was sued by a former staff attorney who claimed he was fired in retaliation for complaining that the administration was destroying e-mails illegally.

Martin was chairman of the Missouri Republican Party before becoming president of conservative activist Phyllis Schlafly's Eagle Forum in April 2013. He co-authored a book about Trump with Schlafly, who died in 2016.

Martin has referred to himself as one of the president's lawyers. His critics have call him unqualified and unfit for the job.

''Ed Martin has less experience than a misdemeanor assistant does after a week in basic training. That's not an exaggeration,'' said Kevin Flynn, who worked as a prosecutor under roughly a dozen U.S. attorneys in Washington before leaving the office in 2023. ''And he's not exactly learning on the job, either.''