Durbin Calls Out Trump Judicial Nominees For Their Inexperience In The Courtroom

Durbin Calls Out Trump Judicial Nominees For Their Inexperience In The Courtroom

Durbin Calls Out Trump Judicial Nominees For Their Inexperience In The Courtroom

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 with two panels beginning with Todd Butler, nominated to be a judge on the U.S. Court of Appeals for the Fifth Circuit. The second panel included Samuel D. Adkisson, nominated to be U.S. District Judge for the Eastern District of Tennessee; Philip Axt, nominated to be U.S. District Judge for the District of North Dakota; Bradford Kelley, nominated to be U.S. District Judge for the Eastern District of Louisiana; and Arthur Kleinschmidt, nominated to be Assistant Attorney General for the Office of Justice Programs.

Durbin first questioned Mr. Butler about his views on qualified immunity after Mr. Butler defended police officers for arresting a 10-year-old child in Eason v. City of Senatobia.

"You have defended a number of police officers who have been arrested for misuse of their authority. One case comes to mind. An officer arrested a 10-year-old child. You argued that the officer had probable cause that this child violated the Mississippi indecent exposure statute for urinating in public. Thankfully, the court rejected your argument because the 10-year-old cannot have the requisite state of mind to violate a statute. Would you like to comment on that defense?" Durbin asked Mr. Butler.

Mr. Butler asserted that while he has defended police officers in court, he also trains public officials and law enforcement to understand and abide by Americans' civil rights. Notably, however, he has trained correctional institutions on how to avoid consent decrees, court-enforced legally binding performance improvement plans which are often put in place to compel such institutions to reform their correctional facilities and care of inmates.

Durbin then pressed Mr. Adkisson, Mr. Axt, and Mr. Kelley about their concerning lack of experience to serve in lifetime federal appointment.

"Mr. Adkisson, Mr. Axt, you each graduated from law school only eight years ago. You have been lawyers for less time than any judicial nominee considered by this Committee in the last 10 years. Mr. Adkisson, you have fewer than five years of litigation experience. Mr. Axt and Mr. Kelley, neither of you have ever tried a case," Durbin said. "Most of you have little or no experience with trials."

"How many civil juries have each of you participated in as lead or co-counsel?" Durbin asked.

Mr. Adkisson noted that he has tried only one case to judgment, a bankruptcy dispute before a judge, as a junior attorney. Neither Mr. Axt nor Mr. Kelley has participated in a civil jury trial as lead or co-counsel.

"How many criminal jury trials have each of you participated in?" Durbin followed up.

Again, Mr. Adkisson, Mr. Axt, and Mr. Kelley replied that none of them have experience with criminal jury trials as a lead or co-counsel.

"Have you ever picked a jury or conducted voir dire?" Durbin continued.

Both Mr. Adkisson and Mr. Axt confirmed that they have never conducted voir dire while Mr. Kelley could only point to the assistance he provided to the judge for whom he had clerked.

Durbin condemned the three judicial nominees' lack of experience, saying: "To take a lifetime appointment for a federal district court, which is primarily a trial driven court, or at least preparation for trial, and not have any experience with the things I have asked you here, really raises the question of why were you on the list? Why did this Administration think you needed a lifetime appointment with so little personal experience? Fewer years of practice for two of you than any nominee in the last 10 years-10 years before this Committee…A lifetime appointment for a federal district trial judge, I just don't see how you put it together."

Durbin then questioned Mr. Kleinschmidt about his view on cutting federal grants aimed at improving public safety and providing services to victims. Last year, the Trump Administration terminated 373 Office of Justice Programs (OJP) grants that would have gone toward public safety funding. Mr. Kleinschmidt, despite previously advocating for more funding and accessibility for effective treatment programs, defended the Trump Administration's cuts.

"Do you think that is key to good law enforcement, cutting back on these grants and mental health counseling?" Durbin asked Mr. Kleinschmidt.

Mr. Kleinschmidt claimed that he was not involved in any cuts to grants at the Substance Abuse and Mental Health Services Administration (SAMHSA) during his tenure there as Principal Deputy Assistant Secretary. Shortly after Mr. Kleinschmidt left SAMHSA, the Trump Administration announced that it would terminate an estimated $2 billion in grant funding from SAMHSA to treat addiction, mental health, and provide homelessness services. A day later, the Administration reversed course and reinstated those grants.

Video of Durbin's questions in Committee is available here.

Audio of Durbin's questions in Committee is available here.

Footage of Durbin's questions in Committee is available here for TV Stations.

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