Durbin Questions Judicial Nominees During Judiciary Committee Hearing

Durbin Questions Judicial Nominees During Judiciary Committee Hearing

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 Anna St. John, nominated to the U.S. Court of Appeals for the Fifth Circuit, about her opposition to ending forced arbitration. In 2021, Judge St. John testified against the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act-which had strong bipartisan support and was signed into law in 2022. Judge St. John claimed that ending forced arbitration was "not in the best interests of those subjected to sexual harassment and assault" and argued that the legislation "turns these women into unwilling pawns, leveraging their private difficulties in pursuit of public policy objectives that don't actually benefit them."

"Do you have any second thoughts about the position you've taken on this issue [forced arbitration]?" Durbin asked.

Judge St. John responded that "some of her words were taken out of context." She continued to say she does not oppose the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

She continued to state that "there can be benefits to arbitration in some instances [and] there can be benefits to litigation, and at no point do I think anyone should be forced to arbitrate their claims."

Durbin replied, "But that's exactly the issue-there's no choice in forced arbitration. It was a 'take it or leave it' [approach] for the employees before this new law was enacted."

Judge St. John then responded to Durbin that she "respects" that Congress carved out sexual misconduct claims from any pre-dispute arbitration agreement. She continued to say that she "agreed even before the law [Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act] if an employer did force somebody to sign an agreement, then under the law, that should not be valid, and people should have a choice as to whether to take their claims to court if they wish."

"I think it's a good response but it is inconsistent with… the testimony you gave before the House of Representatives. Do you think forced arbitration of sexual assault and sexual harassment cases is right or wrong?" Durbin pressed.

Following Durbin's questions, Judge St. John shifted from her previous position and responded, "I don't think anyone should be forced to arbitrate their claims."

Video of Durbin's questions to Judge St. John in Committee is available here.

Audio of Durbin's questions to Judge St. John in Committee is available here.

Footage of Durbin's questions to Judge St. John in Committee is available here for TV Stations.

During the second panel, Durbin asked John Cronan, nominated to be a Member of the U.S. Sentencing Commission, about Cronan's previous racist commentary. Judge Cronan had previously written horrible comments about Black incarcerated people-suggesting they are "predominantly members of the lower economic classes," and that "Black inmates are most likely to become the sexual aggressors."

"I'm deeply troubled by these statements… Why should people of color believe that you've changed from the statements that you made in 2001?" Durbin asked.

Judge Cronan attempted to deflect and stated that he had quoted "another author's study" until finally stating, "I certainly do not feel that Black inmates are more violent than White inmates."

Durbin then asked Adam Candeub, nominated to be Assistant Attorney General for the Antitrust Division, about Candeub's criticism of the Violence Against Women Act (VAWA) and anti-feminist commentary in his law review comment.

"Do you still oppose the Violence Against Women Act?" Durbin asked.

Mr. Candeub responded that he "hasn't really thought about the issue." He went on to say VAWA has "served America well."

Durbin pressed Mr. Candeub on a 2023 interview he conducted with a right-wing Hungarian news magazine-which he initially failed to disclose to the Committee-in which he said, "the ideological bias of universities, the extensive harassment laws that regulate the workplace, and the gradual spread of self-censorship are leading to a society in the United States that is intellectually more comfortable, duller, more deceitful, and more timid than in previous decades."

"Do you oppose laws that protect against harassment in the workplace?" Durbin asked.

Mr. Candeub responded, "absolutely not."

"Why did you say that anti-workplace harassment laws are leading to a society that is, 'more comfortable, duller, more deceitful, and more timid'?" Durbin asked.

Mr. Candeub deflected.

"Do you stand by your words?" Durbin pressed.

Mr. Candeub responded, "I stand by my words because I believe in free speech."

Video of Durbin's questions to Judge Cronan and Mr. Candeub in Committee is available here.

Audio of Durbin's questions to Judge Cronan and Mr. Candeub in Committee is available here.

Footage of Durbin's questions to Judge Cronan and Mr. Candeub in Committee is available herefor TV Stations.

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