Durbin Questions Trump Nominees During A Senate Judiciary Committee Hearing

Durbin Questions Trump Nominees During A Senate Judiciary Committee Hearing

Durbin receives commitment from Mr. Schwartz, nominated to the Second Circuit, that he will be loyal to the rule of law, not the President; Mr. Berthiaume, nominated to be Inspector General in the DOJ, committed to responding to outstanding letters from Durbin about Kash Patel's misconduct

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 Benjamin Flowers, nominated to the U.S. Court of Appeals for the Sixth Circuit, about the 2020 presidential election.

During Mr. Flowers's time in the Ohio Attorney General's office, he responded to an email from then-Missouri Solicitor General John Sauer about joining a brief that Missouri planned to file as part of Texas's challenge to the results of the 2020 election. Flowers wrote to the Ohio Attorney General, "Every one I've spoken with agrees this suit is a terrible idea and will tarnish the credibility of any office that gets involved."

"Do you still believe the lawsuit challenging the 2020 election was a terrible idea?" Durbin asked.

In response, Mr. Flowers dodged Durbin's question.

Mr. Flowers also stated in an email regarding Texas's challenge: "This is really becoming a disgrace."

"Do you still believe that the attempt to dispute the outcome of the 2020 election was a disgrace?" Durbin followed up.

Mr. Flowers again refused to answer Durbin's question directly and stated, "I don't believe that is what those emails say."

Durbin then asked Matthew Schwartz, nominated to the U.S. Court of Appeals for the Second Circuit, about his recusal on matters relating to Elon Musk and DOGE. On Mr. Schwartz's law firm's website, he takes credit for persuading the Delaware Supreme Court to reinstate a $50 billion incentive compensation plan for Tesla CEO Elon Musk.

"Do you commit that, if you are confirmed, you will recuse yourself from all matters relating to Elon Musk and the pending cases that relate to DOGE actions?" Durbin asked.

Mr. Schwartz declined to commit, stating only that he will follow the recusal requirements under the judicial codes and decide on a case-by-case basis when it comes to Tesla and Musk.

Durbin then asked about Mr. Schwartz's loyalty to the President. He is currently serving as President Trump's attorney in two cases on appeal: the 34-count conviction in the Stormy Daniels hush money case and the civil suit that resulted in a $464 million judgment against him and his business entities for inflating business assets.

"You are the third judicial nominee before this Committee who has served as one of President Trump's personal attorneys… Why should we trust you under these circumstances to place the Constitution and your professional obligations ahead of your personal loyalty to President Trump?" Durbin asked.

Mr. Schwartz committed to Durbin that if confirmed, he will take the oath to be impartial and to "rule without fear or favor."

"Will you recuse yourself from all matters in which you previously represented President Trump?" Durbin asked.

Mr. Schwartz responded that he would recuse himself.

Video of Durbin's questions to Mr. Flowers and Mr. Schwartz in Committee are available here.

Audio of Durbin's questions to Mr. Flowers and Mr. Schwartz in Committee are available here.

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

During the second panel, Durbin questioned Don Berthiaume, Jr., nominated to be Inspector General in the Department of Justice, about the Trump Administration stripping a section in an Office of the Inspector General (OIG) annual report that stated: "It is vital that the Department and its employees strictly adhere to policies and procedures designed to protect the Department from accusations of political influence or politically-motivated application of the law."

"You rejoined the Justice Department as the Acting Inspector General in October 2025. Were you involved in eliminating this section from the OIG's annual report?" Durbin asked.

Mr. Berthiaume claimed that he was not involved.

"Is there any effort to restore that [section] [and] consider it to be a standard that you have to live by?" Durbin asked.

Mr. Berthiaume responded that he thinks it is "important." He continued to stay that he will "certainly consider in consultation with my team whether that [section] needs to be replaced into that [report]."

"Do you plan on answering letters sent to you by members of Congress?" Durbin asked.

Mr. Berthiaume responded that he is aware the Committee has not received responses from the OIG office and he "plans on changing that."

Durbin then pressed Mr. Berthiaume about letters Durbin sent to the Federal Bureau of Investigation (FBI). Durbin sent a letter in February 2025 about FBI Director Kash Patel's directive to purge career FBI officials while he was a private citizen. On August 14, 2025, he sent another letter to the OIG regarding the continued arbitrary removals and forced retirements of senior personnel-including its disproportionate impact on women and people of color.

"As far as I'm aware, your office has yet to start any work on either of these critical allegations… will I get a reply anytime soon?" Durbin asked.

Mr. Berthiaume replied that Durbin will get a response to those letters.

"Can you give me a timeframe?" Durbin asked.

Mr. Berthiaume responded that he would ensure a response is a priority.

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

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

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

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