WASHINGTON — Concerns have been raised this week by former federal prosecutors and various organizations regarding the nomination of Ed Martin, the acting U.S. attorney for the District of Columbia, to become the permanent federal prosecutor in Washington.
Martin, who supported Donald Trump’s unfounded claims about the 2020 election being stolen and represented defendants involved in the January 6 Capitol riot, had no prior prosecutorial experience when Trump appointed him as interim U.S. attorney on Inauguration Day. Since then, he has engaged in several atypical and politically charged actions during his temporary tenure.
On Wednesday, Democratic members of the Senate Judiciary Committee called for a hearing on Martin’s nomination, a deviation from the usual procedure for nominees in U.S. attorney roles. Senator Adam Schiff, D-Calif., announced plans to place a hold on Martin’s nomination, potentially postponing a vote.
In a letter obtained by NBC News and sent to the Senate Judiciary Committee this week, over 100 former assistant U.S. attorneys from the District of Columbia detailed their concerns in a “Statement of Conscience and Principle,” expressing why they deem Martin unfit for the role.
“We are committed to ensuring that the values and standards upheld during the tenure of John Thomson Mason and his successors — including a commitment to the rule of law, nonpartisanship in seeking justice, civility, decency, and fairness — remain intact now and in the future,” the statement asserts, branding Martin as “unworthy of the position.”
Daniel Toomey, a former federal prosecutor who worked in the office from 1968 to 1971, shared with NBC News that the letter originated from regular Zoom calls among alumni of the Washington federal prosecutor’s office, many of whom served during the late 1960s and early 1970s.
“Upon learning about Ed Martin, we were, without exception and regardless of our political views, horrified,” Toomey told NBC News. “This is unprecedented in the history of the U.S. attorney’s office.”
Toomey noted that the signatory list primarily consists of those who have retired from practicing law and believes that if not for current practitioners’ concerns about potential retaliation from the Trump administration, the number would reach into the “hundreds.”
“I’ve lost count of the number of people who called to say, ‘I completely agree with you, but I can’t sign this,'” Toomey recounted.
Toomey also mentioned that some signers are planning to meet with Senate staffers next week to share their worries.
The letter outlines several of Martin’s actions in office, including the dismissal of federal prosecutors assigned to Jan. 6 cases; his social media activity regarding ongoing investigations; and his unusual correspondence with Democratic congressional members suggesting he is investigating their speech.
“During his ‘trial’ phase, he has severely compromised the integrity of the position, transforming it from a channel for pursuing justice into a political instrument of the current administration,” the statement from the former assistant U.S. attorneys reads.
Rep. Jamie Raskin, D-Md., the ranking member of the Judiciary Committee, expressed on Thursday that Trump nominated Martin specifically because he believes Martin will prioritize his unwavering loyalty to Trump over his obligation to enforce the law without bias.
Martin did not respond to a request for comment.
In connection with his nomination, Martin recently submitted documents to the Senate Judiciary Committee indicating he has never litigated a trial, and most of the legal experiences he cites as significant were related to Jan. 6, including representation of three defendants.
Out of the ten “most significant litigated matters” identified in the documents he submitted, four involved his role as interim U.S. attorney, including ensuring that cases influenced by Trump’s pardons—encompassing Jan. 6 participants and anti-abortion rights protestors—were “resolved in accordance with President Donald J. Trump’s decision to exercise his powers under Article II of the United States Constitution.”
Although Martin maintains a significant digital presence, the Senate questionnaire overlooks some notable moments in his career. For instance, his speech at the U.S. Capitol on January 5, 2021, where he urged “die-hard true Americans” to resist until their “last breath” to “stop the steal,” is not mentioned. Furthermore, his list of publications excludes “Can’t Trump this COVFEFE: Top Trump Tweets,” a coloring book that references a typo Trump made on social media in 2017. Episodes from Martin’s previous podcasts—listed on the form—are now marked as “temporarily unavailable” on iTunes.
