Tillis says he’ll oppose Ed Martin, dealing grave blow to Trump's DC prosecutor pick

GOP Sen. Thom Tillis said Tuesday he has told the White House he will oppose Ed Martin’s nomination to be the top federal prosecutor for the District of Columbia, a potentially fatal blow to his already dicey confirmation chances.

Tillis spoke to reporters after meeting with Martin on Monday night. The North Carolinian, who is seeking reelection next year, had previously signaled he had concerns with Martin’s nomination as U.S. attorney because of his previous comments related to the Jan. 6, 2021, Capitol attack and his work defending those who took part in the riot.

“I have no tolerance for anybody that entered the building on Jan. 6, and that's probably where most of the friction was,” Tillis said Tuesday.

Senate Majority Leader John Thune told reporters after Tillis' comments that Martin is now unlikely to emerge from the Senate Judiciary Committee. Illinois Sen. Dick Durbin, the top Democrat on the panel, said "in practical terms" Martin's nomination is dead.

"The writing’s on the wall," Durbin said. "He has some problems in his own ranks.”

Tillis said he had spoken to President Donald Trump about the nomination and is floating former SEC Chair Jay Clayton as an alternative.

Trump has nominated Clayton as U.S. attorney for the Southern District of New York, but that nomination is in limbo with Minority Leader Chuck Schumer using home-state privileges to block its consideration in the Senate.

"If you take a look at his tenure as SEC ... he's a rock solid, smart guy," Tillis said. "So all I've said was: 'Look, if we've got to find another nominee, I wouldn't count him out if he would be willing to serve.'"

Martin, a former chair of the Missouri Republican Party, is now serving as acting U.S. attorney for D.C. — an appointment that expires May 20. Trump has lobbied hard for Martin's confirmation, posting about it on Truth Social Monday: "Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN."

White House spokesman Alex Pfeiffer stood by Trump's pick Tuesday: "Ed Martin is a fantastic U.S. Attorney for D.C. and will continue to implement the President's law-and-order agenda in Washington. He is the right man for the job and we look forward to his confirmation."

Tillis is a member of the Judiciary Committee, and his opposition means the panel would likely deadlock on Martin's nomination, 11-11, with several other Judiciary Republicans still uncommitted. Senate Republicans could try to advance him out of committee without a recommendation, but Martin would face bigger headaches on the floor: GOP Sens. Lisa Murkowski of Alaska, Susan Collins of Maine, John Curtis of Utah and Mitch McConnell of Kentucky are viewed as votes to watch.

Asked about Martin's prospects Tuesday, Judiciary Chair Chuck Grassley (R-Iowa) said, "I want the president's nominees to be successful, and that means we put on [the committee agenda] people who have the votes."

Tillis' opposition, Grassley added, "isn't the end of it, but that's where we are right now."

Sen. Josh Hawley, another Judiciary member and a longtime ally of Martin’s through Missouri politics, said Republicans should move swiftly to confirm a permanent U.S. attorney for D.C. But he added it's "up to the president now" on whether to move forward with Martin.

Eli Stokols contributed to this report.