During his remarks, Durbin also questioned the legal status of Ms. Pirro’s appointment to be Interim U.S. Attorney for the District of Columbia
WASHINGTON – During today’s Senate Judiciary Committee executive business meeting,
U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, called on the White House to work in good faith with Senators from both sides of the aisle to find U.S. Attorney candidates who will have home state support. Durbin cautioned that while this has been the case for filling some vacancies, not all Democratic Senators have been afforded the same opportunity to consult with the Trump White House.
Durbin also noted that because of then-Senator J.D. Vance holding U.S. Attorney nominations during the Biden Administration, there is now a new precedent for roll call votes on the Floor for confirming U.S. Attorney nominees. For decades, the Senate confirmed U.S. Attorneys by voice vote or unanimous consent after they had been considered in the Judiciary Committee. That precedent changed during the Biden Administration when a Senate Republican refused to allow the Senate to confirm nearly a dozen Justice Department nominees by voice vote—the typical practice. During the first Trump Administration, all 85 of President Trump’s U.S. Attorney nominees moved through the Judiciary Committee and were confirmed by the Senate by unanimous consent.
Finally, Durbin called out President Trump’s appointment of yet another Interim U.S. Attorney for the District of Columbia, Jeanine Pirro. In 2007, on a bipartisan basis, Congress passed legislation requiring that after an Interim U.S. Attorney had served for 120 days, the district court would fill the position until a permanent U.S. Attorney could be confirmed by the Senate. Durbin argued that President Trump’s appointment of Ms. Pirro is contrary to Congressional intent and undermines the Senate’s constitutional advice and consent role.
Key Quotes:
“A blue slip gives the Senators from the state where the appointment is being made the option of approving or disapproving. We are an integral part of that decision process. I think that is important, and we have to work hard to make sure it continues.”
“I’m sorry to say that the White House is reaching out to individual Senators in a capacity that is not consistent with the blue slip. But if we are going to hold fast to that as a principle, I urge the White House to work on a bipartisan basis to help.”
“I also want to say that I understand that Jeanine Pirro was sworn in yesterday to serve as Interim U.S. Attorney for the District of Columbia.”
“For the record, [during] President Trump’s first term, over 80 U.S. Attorneys were appointed. No roll call votes in this Committee. No roll call votes on the Floor. They all went by voice vote.”
“That world has changed because of the insistence of one Republican Senator…We are now required to take roll calls on each U.S. Attorney… because of former Senator and now Vice President Vance, [there is] a requirement [that] they also get a roll call vote on the floor.”
“Now with this particular one, Jeanine Pirro, I’m concerned that this [her appointment] is not consistent with what we are trying to do. We wanted to give a President an option of an Interim U.S. Attorney while we, at the Senate level, deliberate, advise, and consent on a permanent appointment. That has been changed dramatically.”
“Instead of 120 days, we now have a daisy chain situation where Ed Martin was [in office for] almost 120 days. He stepped aside. Jeanine Pirro comes in for her 120 days. I think that is a violation of what we were trying to achieve to give interim authority. Instead, what we have now is the possibility of repeated appointments over and over again for these interim positions.”
“It means we, in the Senate, are giving up our constitutional authority and responsibility. That is a mistake.”
Video of Durbin’s opening statement is available here.
Audio of Durbin’s opening statement is available here.
Footage of Durbin’s opening statement is available here for TV Stations.
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