Latest news with #JudicialAppointments
Fox News
19-05-2025
- Politics
- Fox News
Trump considers former defense attorney Emil Bove for federal appeals court vacancy
President Donald Trump is considering Justice Department official Emil Bove, his former defense attorney, for a U.S. appeals court vacancy — a controversial nomination that would come as he continues to attack so-called "activist" judges for blocking his agenda. Bove, 44, is among those Trump is considering for the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey and Delaware. There are currently two vacancies on the court — increasing the odds that Bove's name could be floated by Trump. If confirmed, he would serve a lifetime appointment on the federal bench. Bove's name is not the only one being considered, familiar sources say, and conversations are believed to be in the early stages. Prior to his installation at the Justice Department, Bove spent nearly 10 years as a U.S. prosecutor for the Southern District of New York. He also defended Trump in two of his criminal trials following his first term in the White House. In each of these roles and at DOJ, Bove's hard-charging tactics have solidified his reputation as a fierce, loyal and, at times, aggressive leader. At the Justice Department, Bove has emerged as the man behind some of the administration's most contentious actions — prompting some officials to resign rather than carry out his marching orders. Shortly after taking office, he sent a memo threatening state and city officials with criminal charges or civil penalties if they failed to comply with the Trump administration's crackdown on immigration or slow-walked their orders on enforcement. "Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands," Bove said in the memo. It was Bove who ordered federal prosecutors for the Southern District of New York to file a motion to dismiss charges against New York City Mayor Eric Adams. That order prompted a string of resignations from personnel, including acting U.S attorney for the section Danielle Sassoon to leave DOJ rather than drop the case. Bove, along with Edward Sullivan from the Justice Department's Public Integrity Section, eventually signed on to the motion themselves. Fox News also reported earlier this year that Bove was behind an exhaustive questionnaire sent to FBI agents detailing their roles in the Jan. 6 investigations. Questions ranged from agents' participation in any grand jury subpoenas to whether the agents worked or responded to leads from another FBI field office or if they worked as a case agent for investigations. Former Justice Department officials have cited concerns that the probe or any retaliatory measures carried out as a result could have a chilling effect on the work of the FBI, including its more than 52 separate field offices. The group cited in particular the order from acting then-Acting Deputy Attorney General Emil Bove to terminate the entire FBI senior leadership team and the assistant director in charge of the Washington Field Office. Bove would face a highly uncertain path to confirmation if nominated. The news comes at a time when Democrats have sharply excoriated what they argue are Trump's attempts to install loyalists to head up the DOJ and FBI. The White House and Justice Department did not immediately respond to Fox News Digital's request for comment.
Malay Mail
10-05-2025
- Politics
- Malay Mail
At forum, law experts say JAC good for Malaysia, suggest limiting PM's role in judges' selection, appointments
KUALA LUMPUR, May 10 — The Judicial Appointments Commission (JAC) — a panel which filters candidates to be judges based on their merits, ability and integrity — was a good step forward for the selection of judges in Malaysia, legal experts told a forum organised by the Malaysian Bar today. In calling for the JAC to be retained and further improved, the law experts even discussed suggestions such as amending the Federal Constitution to include and enhance the JAC's position, and limiting the prime minister's role in the judicial appointment process. Currently, there is a two-stage process in Malaysia for the selection and appointment of judges. The JAC first vets through potential candidates to make sure they are qualified and suitable and then votes on these candidates, before recommending the selected candidates to the prime minister. If the prime minister accepts these recommended names, the prime minister then gives advice to the Yang di-Pertuan Agong for these candidates to be either appointed or promoted as judges. The Agong makes the appointment after consulting the Conference of Rulers. But the prime minister can ask for the JAC to provide other recommended names if he does not accept the candidates given, before he eventually gives advice to the King for judges to be appointed. Emeritus Prof Datuk Shad Saleem Faruqi, who was formerly a JAC member, said the JAC should continue to exist and suggested that the prime minister's role be limited to just a formal role during the process of appointing judges. 'I personally support the existence of the JAC, though I recognise there is need for some reforms, especially on the issue of whether the recommendations of the JAC should be binding on the prime minister,' the holder of Universiti Malaya's Tunku Abdul Rahman chair said as a speaker at the forum. 'I think the prime minister and the Conference of Rulers, their role should be a formal role whereby the names are sent and there's some consultation. 'For example, the prime minister sends the name to the King, the King is required to consult with the Conference of Rulers. 'Consult' is not the same thing as 'consent', but consultation is useful because some facts might come out,' he said, noting that there was previously a Conference of Rulers meeting many years ago when a judge who was to be promoted was discovered to have had more than 30 unwritten judgments. 'I think consultation is good, but ultimately the recommendation of the JAC should be binding,' he said, adding that the prime minister, Agong and the Conference of Rulers should continue to play a role in the process of appointing judges. Co-chairperson of Bar Council Civil Law and Law Reform Committee Datuk Seri M. Ramachelvam addresses the floor during the Judicial Independence in Malaysia Forum in Kuala Lumpur May 10, 2025. — Picture by Sayuti Zainudin Fellow forum speaker Datuk Seri M. Ramachelvam, who is co-chair of the Bar Council's Civil Law and Law Reform Committee, said the introduction of the JAC has improved the process of how judges are appointed in Malaysia and that the law should be amended so that the prime minister is bound to follow the JAC's recommendations. He said many other Commonwealth countries had also introduced a JAC, but they have not removed the formal role of the prime minister in the process of appointing judges. He also said the recommended model clause in the Commonwealth is for the JAC's recommendations to be binding on the prime minister, while also maintaining the formality of sending the recommendations to the prime minister. Lawyer Alex De Silva, who proposed the motion adopted by the Malaysian Bar as a resolution in March this year to defend the judiciary's independence and who was also a speaker at the forum, said the formation of the JAC in Malaysia in 2009 'was a good thing' and that it had brought 'much needed reform'. 'I think one thing we cannot run away from, as much as we say we want to remove or lessen the role played by the prime minister, you cannot run away from the fact that in most jurisdictions, even if we go to UK, the prime minister is involved,' he said, adding: 'The only way we can do it is perhaps lessen his role, but we cannot remove him from the process.' International Islamic Universiti Malaysia Lecturer Associate Prof Datuk Shamrahayu Ab Aziz speaks during the Judicial Independence in Malaysia Forum in Kuala Lumpur May 10, 2025. — Picture by Sayuti Zainudin Datuk Shamrahayu Ab Aziz, who was also a former JAC member, said at the forum: 'I believe by having JAC, we are in the right direction.' Shamrahayu, associate professor and lecturer at International Islamic University Malaysia, said it 'may not be possible' in both Malaysia and other countries to totally remove the participation of the government's executive branch, but said there could instead be 'certain limitation' on the prime minister's role instead in the process of appointing judges. She said there must be mechanisms to ensure the executive's involvement in the process was a 'controlled one' and that the executive is not given total discretion. Proposing that JAC's role be inserted into the Federal Constitution, she said Malaysia should also consider giving JAC members security of tenure so that the 'JAC will also give their recommendations to the prime minister without fear or favour'. She said the criteria of those to be selected as JAC members should also be further discussed. These legal experts were all speakers in two separate panels at the Malaysian Bar's forum titled 'Judicial Independence in Malaysia: Past Lessons, Current Challenges'. Other panellists at the forum were former JAC member and retired Court of Appeal judge Datuk Mah Weng Kwai and lawyer Mohamed Haniff Khatri Abdulla.
Malay Mail
10-05-2025
- Politics
- Malay Mail
What happens when PM gets recommended names for judges? Ex-JAC members share experiences
KUALA LUMPUR, May 10 — When the Judicial Appointments Commission (JAC) recommend names to be appointed as judges, does the prime minister of Malaysia accept all these recommendations? During a forum by the Malaysian Bar here, two former JAC members today confirmed that 'the answer is no', including Former Malaysian Bar president Datuk Mah Weng Kwai. 'When it goes to the PM's Office, everything is done so diplomatically, you will never get an answer from the PM's Office to say so and so not to be appointed. What we will hear is, can we have other names please,' said Mah, who is also a retired Court of Appeal judge. Emeritus Prof Datuk Shad Saleem Faruqi, holder of Universiti Malaya's Tunku Abdul Rahman chair, replied: 'Same here, the answer is no. In some cases, we rejected candidates and we found their name on the list.' The duo were panelists in the first session titled 'Safeguarding the Bench: Judicial Independence in Malaysia' at the Malaysian Bar's two-hour-plus forum 'Judicial Independence in Malaysia: Past Lessons, Current Challenges'. They were replying to the forum session's moderator and Malaysian Bar vice president Anand Raj, who had asked them for if 'all recommendations of JAC were accepted by the executive' while both of them were in the JAC. In Malaysia, the JAC vets through potential candidates to be appointed or promoted as judges by checking if they are qualified and fulfil the criteria under the law. The JAC then votes on these candidates before forwarding the names as recommendations to the prime minister, before the prime minister gives advice to the Yang di-Pertuan Agong for the judges to be appointed. But under the existing laws under the Judicial Appointments Commission (JAC) Act 2009, the prime minister can choose not to accept the names recommended by the JAC, and instead ask the JAC to give additional names or other candidates. Datuk Seri M Ramachelvam, fellow panellist at the same forum session and co-chair of the Bar Council's Civil Law and Law Reform Committee, said the JAC has brought about a 'much better process' and 'brought much improvement to the appointment of judges from what it was'. But Ramachelvam said Malaysia should head towards the direction of making JAC's recommendations 'binding' on the prime minister, and said this would require amending the Federal Constitution to mandate the prime minister to follow the JAC's recommendations.
Free Malaysia Today
08-05-2025
- Politics
- Free Malaysia Today
June 25 hearing for lawyer's bid to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim wants JAC to suspend its activities until the conclusion of his main suit. KUALA LUMPUR : The High Court will hear on June 25 a stay application by a lawyer to prevent the Judicial Appointments Commission (JAC) from carrying out its functions of recommending judges for appointment to the superior courts and filling administrative positions in the judiciary pending the outcome of the legal suit. Justice Amarjeet Singh set the date following case management involving Syed Amir Syakib Arsalan Syed Ibrahim, who named the government and JAC as defendants in his originating summons. The Bar Council has been allowed to intervene in the proceedings. Amarjeet also set a timeline for the parties to file their affidavits and written submissions. Federal counsel Safiyyah Omar, representing the government and JAC, said the defendants would oppose the stay application. Lawyers Christopher Leong, Karen Cheah, and New Sin Yew appeared for the Bar Council. In his stay application filed last week, Syed Amir said the Federal Constitution does not require the prime minister to rely on JAC's recommendations when advising the Yang di-Pertuan Agong to make the appointments. Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said Article 122B of the constitution allows the prime minister to make recommendations of his own accord. Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister's advice, after consultation with the Conference of Rulers. Syed Amir said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of the constitutional functions of the prime minister or the king. 'This application is only intended to prevent any further reliance or implementation of the challenged legal framework pending the final decision of the court,' he said. In his main suit filed last month, Syed Amir contended that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution. He claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land. Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal, and the Federal Court. It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant. Justice Amarjeet fixed July 16 to hear the main suit.
