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After withdrawal as US Attorney nomination, Prez Trump states he will have Ed Martin serve as DOJ's Pardon Attorney

By Douglas Berman on May 9, 2025
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As reported in this Reuters article, Prez Trump is changing path with a new nominee for the top federal prosecutor in Washington DC: “President Donald Trump on Thursday appointed Fox News host Jeanine Pirro to serve as Washington, D.C.’s interim U.S. attorney, after Ed Martin, the current interim job holder and Trump’s first pick to hold the job on a permanent basis, failed to garner enough support to advance in the U.S. Senate.” Here is more, including a notable clemency element:

Trump’s announcement came just hours after he told reporters during a White House event that he would be withdrawing Martin’s nomination due to a lack of support in the U.S. Senate for it to proceed. “I was disappointed. A lot of people were disappointed, but that’s the way it works sometimes,” Trump said. In a later post on Truth Social, Trump said Martin would move to a new role in the Justice Department.

“Ed Martin has done an AMAZING job as interim U.S. Attorney, and will be moving to the Department of Justice as the new Director of the Weaponization Working Group, Associate Deputy Attorney General, and Pardon Attorney,” Trump wrote. “In these highly important roles, Ed will make sure we finally investigate the Weaponization of our Government under the Biden Regime, and provide much needed Justice for its victims. Congratulations Ed!”…

Republican Senator Thom Tillis of North Carolina, who sits on the committee, appeared to deal Martin’s nomination a fatal blow when he told reporters at the Capitol that he could not support him because of Martin’s views about the January 6, 2021, attack at the U.S. Capitol by Trump’s supporters.

Notably, none of these new roles for Ed Martin, including as DOJ’s Pardon Attorney, requires Senate confirmation.  And, as I have discussed in a variety of recent posts, it is unclear what role the Pardon Attorney will play when Prez Trump has seem quite comfortable using his clemency pen without DOJ input (and when he also has Alice Marie Johnson serving as “pardon czar”).  Whatever else this Pardon Attorney appointment might mean, I doubt this will lead to any decrease in the going rate some lawyers are charging for pursuing clemency these days.  

A few recent related posts:

  • Prez Trump grants 14 commutations and blanket pardons to all other Jan 6 defendants 
  • Prez Trump formally announces Alice Marie Johnson will be his “pardon czar” 
  • Wide praise, but uncertain plans, for Prez Trump’s new pardon czar
  • Not long after appointment of “pardon czar,” Trump Administration fires Justice Department’s Pardon Attorney
  • Prez Trump continuing to make robust use of his clemency pen (for white-collar offenders) 
  • Prez Trump keeps using his clemency pen, building quite the clemency record
  • “Lawyers Are Quoting $1 Million in Fees to Get Pardons to Trump”
Douglas Berman

Douglas A. Berman is a professor of criminal law and sentencing at Ohio State University and author of Sentencing Law and Policy–the first blog cited by the U.S. Supreme Court–and the Marijuana Law, Policy & Reform blog. He is frequently consulted for…

Douglas A. Berman is a professor of criminal law and sentencing at Ohio State University and author of Sentencing Law and Policy–the first blog cited by the U.S. Supreme Court–and the Marijuana Law, Policy & Reform blog. He is frequently consulted for his expertise on capital sentencing by national policymakers, lawyers, and major media publications.

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  • Posted in:
    Criminal
  • Blog:
    Sentencing Law and Policy
  • Organization:
    Law Professor Blogs Network
  • Article: View Original Source

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