Senate Judiciary Committee Ranking Member Dick Durbin criticized the nomination of Justin Smith to the U.S. Court of Appeals for the Eighth Circuit during a committee hearing on April 15. Durbin said Smith's ongoing legal representation of former President Donald Trump and his involvement in efforts to overturn the results of the 2020 election raise concerns about his suitability for a lifetime appointment.
The Senate Judiciary Committee plays an important role in reviewing judicial nominations, which can affect constitutional protections and public safety across the country, according to the official website. The committee is responsible for upholding the Constitution by overseeing federal law enforcement, evaluating judicial candidates, and reviewing legislation according to its official website.
In his opening statement, Durbin said, “Mr. Smith, who we will hear from today, is the second personal attorney of President Trump [that he has] nominated to a circuit court seat, following Emil Bove’s nomination last year. Having proven his loyalty to the President, Mr. Smith has been rewarded with a lifetime appointment to the federal bench. In fact, Mr. Smith is so loyal to the President, he continues to represent him in two pending cases before the courts.”
Durbin continued: “Mr. Smith represents President Trump in two lawsuits filed by E. Jean Carroll. This is not a case where the legal system has been weaponized against President Trump, as he and his MAGA allies have repeatedly claimed.” He added that juries found Trump liable for sexual abuse and defamation in these cases: “While all litigants deserve a zealous advocate, Mr. Smith has gone further… when he baselessly dismissed Ms. Carroll’s allegations as ‘facially implausible’ and ‘politically motivated.’”
Addressing questions about election denialism among nominees for federal judgeships, Durbin said: “The popular vote was won not by Donald Trump but by Joe Biden in that election in 2020... That’s a fact and we certified that fact on the floor of the United States Senate… Mr. Smith is also an election denier.” He pointed out that Smith signed an amicus brief seeking to overturn those results.
Durbin also raised ethical concerns regarding political affiliations: “Mr. Smith has extensive right-wing political affiliations and ties to dark money entities... What a coincidence it is... that [Club for Growth Action] spent thousands of dollars on consulting provided by Pervinco LLC,” which Durbin described as owned by Smith.
The Senate Judiciary Committee serves as one of several standing committees within Congress with authority over judicial matters according to its official website. The committee includes senators from both major parties under leadership from its chairperson as reported by its official site. Based in Washington D.C., it exerts influence over civil rights issues nationwide through oversight duties according to its official site.
Video footage and audio recordings from Durbin’s statement are available online.
