Sen. Thom Tillis splits from Trump on Washington’s top prosecutor, citing Jan. 6
Sen. Thom Tillis is opposing the nomination of Ed Martin as Washington’s top prosecutor.
This would be the first time Tillis, a Republican from Huntersville, splits from President Donald Trump on one of Trump’s nominees to help the president lead the country in his second term.
Tillis has been an adamant critic of the attack on the Capitol by Trump supporters, which has put him at odds with Martin.
“At this point I’ve indicated to the White House I would not support his nomination,” Tillis told a hallway of reporters, first reported by CNN’s Manu Raju and captured on video.
Martin currently serves as interim U.S. attorney for the District of Columbia, a decision Trump made quickly after being sworn in. He then nominated him for the role permanently. But that requires Senate confirmation.
Martin’s term as interim U.S. attorney expires on May 20, the 120-day mark, meaning the Senate Committee on the Judiciary needs to act quickly if it wants Martin to remain on the job.
But with 12 Republicans and 10 Democrats on the committee, Tillis’ opposition to Martin means that Martin won’t receive more than an 11-11 vote, which would not allow his nomination to move to the Senate floor.
Trump posted on Truth Social Monday night urging senators to support Martin’s nomination, saying Martin would be a “big player” in supporting his administration’s health care efforts led by Health and Human Services Secretary Robert F. Kennedy.
“Ed is coming up on the deadline for Voting and, if approved, HE WILL NOT LET YOU DOWN,” Trump wrote. “When some day in the future you look back at your Vote for Ed Martin, you will be very proud of what you have done for America and America’s Health. MAKE AMERICA GREAT AGAIN!”
Martin’s past
Martin’s nomination was controversial from the beginning.
He helped organize the Stop the Steal movement that advanced the false belief that former President Joe Biden did not win the 2020 election.
It was this movement and that belief that led to the Jan. 6, 2021, attack on the U.S. Capitol where thousands of people breached the building in an attempt to stop the certification of Biden as president.
When Trump nominated Martin as the interim U.S. attorney, Martin immediately dismissed pending Jan. 6 cases and fired prosecutors who worked on the cases.
Martin praised a Jan. 6 defendant known for antisemitic remarks. He later denounced the man, Timothy Hale-Cusanelli, but only after their ties became a source of opposition to Martin’s nomination.
Tillis’ opposition
It was Martin’s actions surrounding Jan. 6 that drew Tillis’ ire.
“I have no tolerance for anyone who entered the building on Jan. 6, and that’s probably where most of the friction was,” Tillis said. “I have to say, Mr. Martin did a good job of explaining that there were people that probably got caught up in it, but they made the stupid decision to come through a building that had been breached, and that police officers and others said ‘stay away.’”
Tillis said their main differences are not over whether people should be charged, but for how long.
“That’s an argument I’m willing to have,” Tillis said, “but we have to be very, very clear that what happened on January the sixth was wrong, it was not prompted or created by other people to put those people in trouble. They made a stupid decision and they disgraced the United States by absolutely destroying the Capitol, and I can’t have any patience for that.”
Tillis was one of the last people to leave the Senate chamber as rioters breached the Capitol. Not long before, he had released a statement saying he would certify Biden’s election, arguing it was important to uphold the public’s trust in both the process and the Constitution.
And Tillis reiterated Tuesday that he does not support the pardons that Trump gave to the Jan. 6 defendants, even though he agrees that some people might have been overprosecuted.
“If Mr. Martin was being put forward for any other district than the district where Jan. 6 happened, where the protest happened, I would probably support him, but not in this district,” Tillis said.
Tillis told reporters he does not believe Martin’s confirmation will even make it to a committee hearing.
This story was originally published May 6, 2025 at 11:30 AM.