Durbin took to the Senate floor to denounce President Trump’s extreme and unqualified judicial nominees
WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, criticized the Trump Administration’s unqualified and extreme judicial nominees. In his remarks, Durbin spoke out against the nomination of Emil Bove to be a U.S. Circuit Judge for the U.S. Court of Appeals for the Third Circuit, pointing toward Bove’s unwavering loyalty to President Trump. During his remarks, Durbin also denounced the confirmation of Joshua Divine to serve as a judge on the Eastern and Western Districts of Missouri.
“The first Trump Administration put forward some of the most extreme and unqualified judicial nominees ever considered by the Senate. Several Trump nominees had little or no experience in a courtroom, no litigation experience,” Durbin said. “Three district court nominees—Kathryn Mizelle, Justin Walker, and Sarah Pitlik—won unanimous support from Committee Republicans, despite having never tried a case.”
“Many Trump nominees took some unusual, if not controversial, if not just plain wrong [positions]. [Take] Lawrence Van Dyke, [a] Ninth Circuit nominee. We asked him to affirm that he would be fair to LGBTQ individuals. He wouldn’t say it, just couldn’t get the words [out] of his mouth,” Durbin continued. “Michael Truncale, an Eastern District of Texas nominee, said of President Obama, he was ‘an un-American imposter.’ Those are the words of this man seeking the federal bench, about the former president. He said he [Obama] would ‘bow to Arab sheikhs and other world leaders.’ Where did you find that nominee?”
During his first term, President Trump put forward ten judicial nominees who were found to be “Not Qualified” by the American Bar Association. Despite strong objections from Senate Democrats, eight of the ten unqualified nominees were confirmed by Senate Republicans.
“Historically, the American Bar Association did its own background check on nominees for the federal bench. Where would they go? Well, they would go into the community. They would go to the judges that this person has appeared before. They would go to the fellow attorneys. They would try to find character references. And they would dig deep. They had some basic rules. You had to have [12] years of experience as an attorney to even be considered for the federal bench. Then they rated people ‘Qualified,’ ‘Not Qualified,’ ‘Well Qualified,’ and such… Even when the American Bar Association says you’re unqualified to serve on the bench, it didn’t discourage the [Trump Administration],” Durbin said.
“President Trump seems intent on outdoing himself by putting forth nominees who are even more extreme, partisan, and fundamentally unqualified [than his first Administration]. Instead of finding more qualified judicial nominees, Attorney General Bondi ordered the Justice Department to stop cooperating with the American Bar Association in rating nominees,” Durbin continued.
“She didn’t want to run into the embarrassment that they did in the first Trump term, with ten of them being found unqualified. She said the way to solve that is to not find a better nominee, but to get rid of the American Bar Association. If they’re not going to give a grade to these nominees, we don’t have to worry about their being unqualified. She overturned a practice in place nearly 70 years, going back to Dwight Eisenhower. Both Republican and Democratic presidents had followed the rule. Now the only qualification that President Trump looks for in his judicial nominees, he says as much, is loyalty,” Durbin said.
Durbin then spoke out against Emil Bove’s nomination, laying out his troubling record as an insurrection apologist and his belief that he does not need to abide by federal court rulings, both of which disqualify him from serving on the federal bench.
“As a senior official in the Justice Department, Mr. Bove has done nothing but cater to President Trump’s every whim… Mr. Bove personally ordered the termination of federal prosecutors who put violent January 6 rioters in prison… When asked to justify his actions in firing the attorneys who prosecuted these insurrectionists, Mr. Bove claimed ‘heavy-handed tactics’ by prosecutors were ‘equally unacceptable’ as physical violence against law enforcement. That is an outrageous and offensive statement by a man who wants to be a federal judge for life,” Durbin said.
“Mr. Bove also led the Justice Department’s efforts to strike a corrupt bargain with New York City Mayor Eric Adams. This is an outrage, what he did. Mr. Bove stated that charges would be dropped without prejudice so that Adams could ‘devote full attention and resources to…illegal immigration and violent crime.’ In other words, President Trump needed Mayor Adams to do his bidding on his deportation policy,” Durbin continued.
“If that was not enough, Mr. Bove has shown utter disdain for our courts. A whistleblower stepped forward, gave his name, risked his future to tell us what Mr. Bove had told to the attorneys working on cases [at the Justice Department]… According to this credible whistleblower who provided ample documentation to back up his claims, Mr. Bove told Department of Justice attorneys that they might need to say, ‘f--- you’ to federal courts that issue orders this Administration doesn’t agree with,” Durbin said. “That is the most dangerous comment that a person in the position of authority can make in the executive branch, that they will ignore the court orders that are issued against them.”
Durbin also decried Joshua Divine’s confirmation to serve as a judge on the Eastern and Western Districts of Missouri. Divine, who has litigated for only five years, has repeatedly peddled extreme positions on women’s right to health care and voting rights, hearkening back to deeply racist Jim Crow laws.
“Yesterday, the Senate confirmed Joshua Divine to the federal bench. [He’s] 34 years old, received his law degree nine years ago, litigated for five years. Beyond his troubling lack of experience, Mr. Divine has taken extreme positions,” Durbin said. “He calls himself a ‘zealot’ when it comes to [being] anti-choice.”
“He has challenged women’s ability, in his state, to access the abortion drug mifepristone and has undermined the decision of Missouri voters to codify abortion access in their state constitution,” Durbin said.
“Also deeply troubling, Mr. Divine argued in favor of literacy tests at the ballot box, stating that people who ‘aren’t informed about issues or platforms…have no business voting.’ Now where does that come from in America? Literacy tests, where does that come from? It comes from the era of Jim Crow,” Durbin continued. “It turns out, Mr. Divine believes that literacy tests should be restored. It shouldn’t be controversial for anyone to say that the nominee has disqualified himself. The fact that the Senate confirmed Mr. Divine is outrageous.”
Durbin concluded his floor speech by calling on his Republican colleagues to put aside their unbridled loyalty to President Trump and prevent extreme, unqualified nominees from sitting on the federal bench.
“These nominees are just the tip of the iceberg. President Trump will continue to nominate extreme and unqualified individuals unless the Senate takes a stand,” Durbin said.
“I urge my colleagues to vote against Mr. Bove and all future nominees whose only loyalty is to the President, and not to the Constitution,” Durbin concluded.
Video of Durbin’s remarks on the Senate floor is available here.
Audio of Durbin’s remarks on the Senate floor is available here.
Footage of Durbin’s remarks on the Senate floor is available here for TV Stations.
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