Durbin Presses Trump Loyalist Nominated To A Lifetime Judicial Position On The Outcome Of The 2020 Election

Durbin Presses Trump Loyalist Nominated To A Lifetime Judicial Position On The Outcome Of The 2020 Election

Durbin questioned Justin Smith, nominated to the U.S. Court of Appeals for the Eighth Circuit, about his involvement with right-wing organizations and ability to be impartial if confirmed

WASHINGTON - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned judicial nominees during a Senate Judiciary Committee hearing. Durbin first questioned Justin Smith, nominated to the U.S. Court of Appeals for the Eighth Circuit, about the 2020 presidential election. Mr. Smith is a President Trump loyalist and election denier. In 2020, he signed an amicus brief in Texas v. Pennsylvania, seeking to overturn the results of the election.

"Will you acknowledge that President Trump lost the 2020 election to Joe Biden?" Durbin asked.

Mr. Smith refused to answer the question.

"Who won the popular vote in the 2020 presidential election?" Durbin asked.

Mr. Smith again refused to answer that question.

Durbin said, "At the end of this exercise at some point there is going to be a video I'm sure will be released which we'll watch: the painful explanation by every nominee from the Trump White House for the federal bench as to why they could not answer the basic question every single person in this room knows is true. Donald Trump lost the election in 2020 to Joe Biden. He may have regretted it. He may have denied it, but it is a fact. The reason we continue to engage in these political gymnastics is a question about whether or not you can ever say no to Donald Trump when it comes to any future service. And that is a basic concern."

Durbin then asked about Mr. Smith's extensive right-wing political affiliations and ties to dark money entities. In 2023, Mr. Smith served as the treasurer for the Missouri chapter of Club for Growth Action, a conservative super PAC. That committee spent at least $15,000 for general consulting by Pervinco, LLC-an entity Mr. Smith owned at the time. According to his Questionnaire he submitted to the Committee, he is currently a board member of the Yorktown Fund and First Principles Action, both of which are right-wing organizations with connections to Leonard Leo.

Noting that Smith is affiliated with multiple right-wing organizations, Durbin asked, "Is there any chance you could be objective in the future?"

Despite the evidence that he is involved with these right-wing groups, Smith implausibly responded that he will be fair and impartial if confirmed.

Video of Durbin's questions to Mr. Smith in Committee are available here.

Audio of Durbin's questions to Mr. Smith in Committee are available here.

Footage of Durbin's questions to Mr. Smith in Committee are available here for TV Stations.

During the second panel, the Committee considered three nominations to the U.S. District Court for the District of Kansas: Jeffrey Kuhlman, Anthony Mattivi, and Anthony Powell.

Durbin has spent his career fighting Big Tobacco and championed an amendment to ban smoking on domestic flights. Within a decade, tobacco companies were forced to confront the health crisis they had caused and entered into multi-billion dollar settlements with nearly every state. Mr. Powell strongly opposed these settlements as a state legislator and suggested limiting future lawsuits via statute.

"I wonder if there is anyone across America who would stand up and speak out against that settlement and turns out it was you. You are quoted as saying, '[i]t's not politically correct to criticize the tobacco settlement…But I'm not willing to junk 500 years of common law in exchange for a pot of gold.' Can you explain that?" Durbin asked.

Mr. Powell claimed that his complaint about the settlement was based on provisions which provided monetary payments to the attorneys general and local counsel. However, he previously voiced concern that the litigation against tobacco companies would pave the way for lawsuits against other industries, including firearms manufacturers.

Durbin then asked Mr. Kuhlman and Mr. Mattivi about their connection to the August 2023 law enforcement raid on the Marion County Record, a small newspaper in Kansas. Mr. Mattivi was the Kansas Bureau of Investigation Director at the time and initially supported the raid. Mr. Kuhlman represented the Marion County Commission, County Sheriff, and a sheriff's deputy, who were sued by the Marion County Record. The county paid the Record's publisher a $3 million settlement and provided a formal apology.

"Did the KBI have any role in the raid on the Marion County Record? Based on this incident, has the KBI made any changes in how it approaches investigations involving the press? If you are confirmed to the bench, what factors will you consider if you are asked to sign off on a warrant authorizing the search of a press outlet?" Durbin asked.

Mr. Mattivi and Mr. Kuhlman both responded that the litigation is still pending and declined to comment much further. They both acknowledged freedom of the press.

Video of Durbin's questions to Mr. Powell, Mr. Mattivi, and Mr. Kuhlman in Committee are available here.

Audio of Durbin's questions to Mr. Powell, Mr. Mattivi, and Mr. Kuhlman in Committee are available here.

Footage of Durbin's questions to Mr. Powell, Mr. Mattivi, and Mr. Kuhlman are available here for TV Stations.

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