Nomination of Justin D. Smith

Floor Speech

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Mr. DURBIN. Mr. President, on a separate issue, the Senate will soon vote on the confirmation of one of the President's personal attorneys to the Federal appellate court. If it sounds familiar, it is because we have seen it before.

Last summer, the Senate confirmed another of the President's personal attorneys, Emil Bove, to be on the Third Circuit. It was previously unheard of for a President to do anything like this, but those rules are out the window.

That is why the President nominated Todd Blanche, who represented him in cases that were filed against him, to serve as the next Attorney General. And that is why President Trump nominated Justin Smith, who is currently representing him in civil cases brought by E. Jean Carroll.

Ms. Carroll is one of dozens of women who have come forward to credibly accuse the President--credibly accuse the President--of sexual assault. In Ms. Carroll's lawsuits, juries found President Trump liable for sexual abuse and defamation, awarding Ms. Carroll nearly $90 million in damages. And that is being appealed.

But this conflict of interest raises serious questions. These are lifetime appointments to Federal judgeships--lifetime appointments which have to be given to people who have been carefully scrutinized. We have not done that when it comes to Mr. Smith. We can do better.

Mr. Smith has filed numerous briefs and motions in which he has challenged the verdicts against the President. While all litigants deserve a zealous advocate, Mr. Smith repeatedly attacked Ms. Carroll-- a sexual assault survivor--in court filings. Mr. Smith baselessly dismissed Ms. Carroll's allegations as ``facially implausible'' and `` politically motivated.'' He also falsely claimed that her allegations are a story that precisely matches the plotline from an episode of one of admittedly her favorite TV shows, `Law & Order'.''

In addition to these lawsuits, Mr. Smith assisted in President Trump's defense in defense in Trump v. United States, the Presidential immunity case. But even apart from Mr. Smith's personal representations of the President, his record shows he is too ideological and too extreme for the Federal bench. Mr. Smith was an election denier long before he was hired by President Trump. While working in the Missouri Attorney General's Office, he joined the baseless effort to challenge the results of the 2020 election. When asked about this, he told the Judiciary Committee he was ``proud to add [his] name'' to that effort, once again demonstrating his loyalty to President Trump over the rule of law. During his legal career, in both government service and private practice, Mr. Smith has repeatedly worked to restrict abortion rights and the rights of LGBTQ Americans. His personal commentary on those subjects shows that his efforts reflect not only his legal positions but also his personal beliefs. In a blog post, Mr. Smith wrote: The Republican Party must have positions painted in bold colors on the critical issues that face this country. Abortion is murder. Gay marriage is sin.'' He added: On these core principles of our party, there must be no equivocation. When asked whether he still holds these beliefs about abortion and same-sex marriage, Mr. Smith refused to condemn them. Those words are unbefitting of a judge and reveal a level of bias and partisanship that is unacceptable in a judicial nominee.

Mr. Smith also has extensive rightwing political affiliations and ties to dark money entities. He has volunteered on dozens of Republican campaigns and participated in numerous events sponsored by conservative groups. He has also served as a board member of several Republican- aligned organizations, including super PAC and entities affiliated with Leonard Leo. Mr. Smith's record makes his extreme ideology and partisanship clear. It is equally clear that President Trump believes Mr. Smith will continue to place the interests of the President ahead of the interest of justice and the rule of law if he is confirmed. I urge my colleagues to join me in opposing his nomination.

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