WASHINGTON — President Donald Trump has officially put forth the nomination of Ed Martin, the interim U.S. attorney for the District of Columbia and a prominent “Stop the Steal” organizer who has shown support for defendants of January 6, to take on the role of the district’s lead prosecutor permanently.
This announcement came just under three days after Martin indicated on social media that his office would be investigating Jack Smith and the law firm that provided pro bono legal assistance to the former special counsel.
Trump referred to Martin as “highly respected” in a social media post, praising his work as Interim U.S. Attorney and his commitment to restoring law and order and making the nation’s capital “Safe and Beautiful Again.”
In a post on X, the platform owned by Elon Musk, Martin declared that his office would probe into Smith and the Covington & Burling law firm regarding the pro bono support Smith received while Trump was publicly attacking him and suggesting that Smith and his team deserved incarceration.
“Save your receipts, Smith and Covington,” Martin stated from his official X account on Friday evening. “We’ll be in touch soon. #NoOneIsAboveTheLaw.”
During a speech on the eve of the January 6, 2021, insurrection, Martin urged “die-hard true Americans” to labor until their “last breath” to “stop the steal.” He was subpoenaed by the House committee investigating January 6 and served on the board of an organization that backed the defendants from that day. Additionally, he represented three of the Capitol attackers as their defense attorney. As the interim U.S. attorney, he initiated an investigation into how his office handled January 6 cases and terminated several assistant U.S. attorneys involved in those cases.
The U.S. Attorney’s Office for the District of Columbia is responsible for prosecuting both federal offenses in U.S. District Court and local matters in Superior Court. Martin has been serving in this pivotal role on a temporary basis since Inauguration Day, coinciding with Trump’s mass pardons of violent January 6 rioters like Jose Padilla, who was sentenced to six years in federal prison for assaulting officers. Martin’s name appeared on a motion to dismiss the Padilla case filed a day after Trump’s pardon, although he was still listed as Padilla’s defense attorney. He attempted to withdraw from representing Padilla this month, but the court informed him he was “not in good standing” and needed to renew his membership.
Former prosecutors from the Capitol Siege Section, which was disbanded following Trump’s pardons, expressed concerns to NBC News that Martin seemed to be vying for the permanent position. They noted his unusual outreach to Musk, proposing to offer his office’s services.
There are worries that his conspicuous social media activity may negatively impact long-term criminal cases, creating challenges for both judges and juries.
“Prosecutors are meant to communicate in court and via formal filings, but he has demonstrated a lack of ability to adhere to that principle,” stated a federal law enforcement official. “If the chief law enforcement officer is tweeting about criminal matters and labeling people thugs, he’s compromising the jury pool and providing defense attorneys with grounds for changing venue or recusal.”
Another law enforcement figure commented, “There is no bottom.”
Brendan Ballou, a former Justice Department prosecutor involved in January 6 cases, told NBC News that Martin’s nomination raises “extreme concern” for various reasons, highlighting Martin’s apparent lack of prosecutorial experience in his public conduct.
“He clearly has an agenda pertaining to the January 6 prosecutions that he’s pursuing, potentially breaching professional responsibilities, especially when he dismisses cases where he represented the defendant,” Ballou remarked.
Martin did not respond to a request asking if he had discussed the investigation into Smith with Trump prior to Trump’s Monday announcement.
However, it’s evident that he holds some influence within the administration. Approximately 20 federal prosecutors who worked on January 6 cases were let go a little over two weeks ago, returning to their offices just 14 days ago to collect their belongings. In an email sent on Friday evening, Martin noted that he had received an exemption from the Trump administration’s hiring freeze to recruit new assistant U.S. attorneys. Many of those terminated were poised to start working on Superior Court cases before their abrupt dismissal.
“To continue fighting for our fellow Americans, we need more personnel to ensure D.C. remains safe and to advocate for the rights of victims,” Martin conveyed in his email to staff. “In this regard, there’s great news! We have authorization to hire 20 new AUSAs. We’re actively working on getting the job postings up so we can fill those roles as soon as possible!”
