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Senate Democrats could spoil Biden's Muslim judicial nominee over ‘deeply concerning’ ties

Biden's nominee for federal circuit court, who would be the first Muslim to serve, faces an uncertain future as Democratic support for the president's choice appears to wane.

President Biden's chosen nominee for the 3rd Circuit Court of Appeals is in danger of failing to garner enough votes to be confirmed in the Senate after concerns rose over his affiliations with groups tied to criminal and alleged antisemitic figures.

Adeel Mangi is a partner at Patterson Belknap Webb & Tyler LLP and received his master of laws degree from Harvard Law School in 2000. The nomination would be a first for Biden. Mangi would be the only Muslim to serve on a federal appeals court if confirmed. 

However, Senate Republicans and Democrats have expressed concern over the nominee in recent days, putting his confirmation at risk. With a roughly evenly divided Senate, Mangi likely needs the support of every Democrat in the body, as well as all three independents. 

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Mangi has been affiliated with both the Center for Security, Race and Rights (CSRR) at Rutgers Law School and the Alliance of Families for Justice (AFJ), both of which have controversial records. 

The CSRR has hosted numerous speakers that the advocacy group Jewish Federation of Greater MetroWest NJ and watchdog group Judicial Crisis Network (JCN), among others, have accused of antisemitism. The speakers included associate professor Noura Erakat, who was advertised in 2020 to be participating in a panel alongside senior Hamas leader Ghazi Hamad. Many of the center's events that have been subject to public outcry have notably occurred after Hamas' Oct. 7 terrorist attack on Israel. 

The group has also welcomed speakers who have been accused by JCN and others of sympathizing with terrorists connected to the 9/11 terrorist attacks in New York City. 

Mangi served on the organization's advisory board from 2019 to 2023.

The AFJ also has ties that concern some lawmakers. One of its founding board members, Kathy Boudin, was affiliated with the FBI-designated domestic terrorist organization Weather Underground and pleaded guilty to murdering two police officers and a security guard in 1981 while robbing an armored truck. 

Mangi is listed as a current advisory board member for AFJ. 

"Mr. Mangi’s affiliation with the Alliance of Families for Justice is deeply concerning," Democratic Sen. Catherine Cortez Masto of Nevada said in a statement to Fox News Digital Wednesday. 

"This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee." 

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Cortez Masto's potential defection could upend Biden's effort to confirm Mangi. The Nevada senator revealed Tuesday she was one of the Democrats who privately warned Biden about a lack of support for his nominee. A report had previously alleged several senators told the White House Mangi may not be able to earn enough votes for confirmation. 

A number of Democratic senators refused to say whether they would support Mangi's nomination, including Bob Casey, D-Pa., and Tammy Baldwin, D-Wis., who are both up for re-election in competitive matchups in November. 

"When there's a vote scheduled, we'll talk about it then," said Casey. 

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The Pennsylvania senator declined to address whether he had reservations about the nominee. 

"I give every nominee serious consideration," Baldwin said. "We're looking at it right now."

Sen. Ted Cruz, R-Texas, a member of the Senate Judiciary Committee, has already raised concerns over Mangi.

"It is becoming more and more clear every day that Mangi is not going to have the votes to get confirmed," Cruz told Fox News Digital. "And it was foolish for President Biden to nominate an individual who has a record of serving on the board of an organization that has rationalized and apologized for 9/11 and has welcomed radical terrorists to its programming."

The only question left, he said, is "how long the White House will let Mr. Mangi hang out on a limb."

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At the same time, many Democrats reiterated their plan to support Mangi when speaking to Fox News Digital Tuesday.

Sen. Sheldon Whitehouse, D-R.I., said he will vote to confirm Biden's nominee "as I did in committee."

"No worries," Sen. Tammy Duckworth, D-Ill., said of her support for Mangi. 

But with such a divided upper chamber, it may only require a few Democratic votes to prevent his confirmation, making the support of the rest of the caucus moot. 

Republican efforts to highlight Mangi's controversies came to a head Wednesday, when Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., called on Biden to withdraw his nomination. 

"It has been a long-standing position of mine to give great deference to executive appointments, particularly judicial appointments, for both parties," he said in a press release. "However, it is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate.

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"I urge President Biden to seriously listen to these concerns and withdraw Mr. Mangi’s nomination."

In a statement to Fox News Digital, the White House defended the president's choice for the court. 

"President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day, including from the seventh law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush," said White House spokesperson Andrew Bates. 

He claimed Mangi is "being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge."

Bates further urged Senate Democrats to "side with the qualities that make America exceptional — which Mr. Mangi embodies — not the hateful forces trying to force America into the past."  

Fox News Digital has reached out to CSRR, AFJ and Patterson Belknap Webb & Tyler LLP, where Mangi is a partner, for comment.

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