In a surprising development, President Donald Trump’s nominee for the role of U.S. Attorney in Washington, D.C., Ed Martin, is unlikely to secure Senate confirmation before his interim appointment ends later this month. According to a source familiar with the nomination process, the Senate Judiciary Committee will not vote on Martin’s appointment until at least May 22—two days after his 120-day temporary tenure expires.
Martin, who took office in January when Trump returned to the presidency, has stirred controversy with his outspoken support for individuals involved in the January 6 Capitol riot and his strong alignment with Trump’s political agenda. Despite leading the country’s largest federal prosecutor’s office, his record has drawn criticism even from some members of the president’s own party.
The delay is seen as a rare setback for the Trump administration, which has generally succeeded in securing Senate approval for its nominees. Martin’s appointment, however, has been anything but smooth. Republican Senator Thom Tillis, a member of the Judiciary Committee, has voiced concerns, and others are still reviewing Martin’s record.
Should the Senate fail to act in time, the federal District Court in Washington may appoint an acting U.S. attorney to fill the gap until a permanent replacement is confirmed. However, there’s a possibility that the court could allow Martin to continue in his role.
Martin’s tenure has been marked by controversy. He oversaw the dismissal of all pending cases related to the January 6 riot, including one involving a defendant he had previously represented as a defense attorney. His past legal work and public support for some of those charged in the Capitol attack have only deepened the skepticism around his nomination.
Adding to the tension, Martin once awarded a prize to Timothy Hale-Cusanelli, an Army reservist later convicted for participating in the Capitol riot and accused of being a Nazi sympathizer. Although Martin denied knowing about Hale-Cusanelli’s views, his association with such figures has not helped his case.
Martin has also taken unusual steps to boost his confirmation chances. He recently appointed a career prosecutor to assist with his nomination process—an uncommon move in such political matters. Meanwhile, he has openly embraced Trump’s “law and order” platform, boasting about crime reductions in the capital during his tenure.
Democrats are demanding a full hearing, which is not standard for U.S. attorney confirmations. They point to Martin’s partisan actions and his appearances on Russian state media—which were initially omitted from his Senate submissions—as red flags that warrant further scrutiny.
Despite the White House insisting that Martin is the right choice to lead federal prosecutions in D.C., the path ahead looks uncertain. If Senate leaders don’t act quickly, the Trump administration may need to pivot—either to keep Martin in office temporarily through the courts or nominate a less divisive candidate.
