▶ 0:19:14Chair Grassley: Good morning, and thanks to the members who arrived on time. On today's agenda we have 11 nominations listed. We will vote today on a. Tyson duva, assistant attorney general criminal division.
▶ 0:19:36Chair Grassley: William crain, and alexander van hook, district judges for louisiana. James maxwell and robert chain be it -- chamberlain, district judges, mississippi. Aaron -- eren creegan, and james krueger to be U.S. attorneys. We will hold other nominations for future consideration.
▶ 0:20:06Chair Grassley: I would like to give an update on our take frost. Since last week, the number of congressional phone records targeted by jack smith has increased and is now at least 14 members of congress. Obviously, all republicans, including former house speaker mccarthy. And, former congressman gilbert. I expect -- gomert.
▶ 0:20:36Chair Grassley: I expect there will be more when we get more documentation. Jack smith claims that he wants to tell his story to congress, but when I asked on whether he met with the fbi director wray, he refused to answer that question. I have since released documents that show that smith met with fbi director wray may 24, 2023.
▶ 0:21:07Chair Grassley: Smith could have answered congress, but chose not to answer that question. I have also asked smith if he used nongovernment devices for official work, and that is a pretty simple question. And no answer from smith. Lastly, smith previously said this about the subpoena targeting eight senators and one congressman.
▶ 0:21:34Chair Grassley: "the total data collection was neatly tailored and limited to four days from january 4 20 21, to january 7, 2021 and "notably, the subpoenas for mccarthy and gomert requested records from november 3 2020 through january
▶ 0:22:05Chair Grassley: 8, 2021." all of these facts undermine smith's credibility as well as his actual willingness to cooperate with us. This broader scope demands explanation. The committee will continue its review, and hold robust hearings. Next, I want to turn to the epstein matter.
▶ 0:22:32Chair Grassley: For years I have sought transparency and as chairman of this committee I have made bipartisan request for the information. I applaud the passage of the epstein resolution. I will continue to push the justice department to release records, with the bite -- which the biden administration failed to do. The victims deserve our maximum effort. Now I would like to say a few words about judges.
▶ 0:23:02Chair Grassley: There is congress, many of my democrats colleagues have alleged that president trump's -- nominates historically bad judicial nominees. One member of this committee that I am not going to name even describe president trump's judicial nominees as "the most extreme and unqualified judicial nominations -- nominees ever
▶ 0:23:33Chair Grassley: Considered by the senate." so, it is legitimate to ask whether my colleagues are right with their statements. Based upon a recent study by professors at new york university, and the university of virginia, the answer is a resounding no.
▶ 0:23:55Chair Grassley: The study by virginia and new york university is considered objective, nonpartisan metrics to determine a judge's productivity, and quality and the independents.
▶ 0:24:19Chair Grassley: It then compared results from the first trump administration, the biden administration, and the obama administration's. According to the study, president trump's judges are " dominating the field." in fact, the study found that the top 10 most productive judges were all trump nominees.
▶ 0:24:51Chair Grassley: And, productivity is not the only metric, where trump's appointed judges outperformed. Let us take judicial independence. After all my democratic clock -- colleagues repeatedly allege that president trump only picks loyalists. Surely, this would be where president biden and president obama's nominees shine.
▶ 0:25:18Chair Grassley: And, I just think as I read reports this week of a couple decisions, I forget what states and what districts the states were in, but we had two trump nominees overrule trump.
▶ 0:25:44Chair Grassley: And, on one occasion, I think dealing with the tech she is -- texas reapportionment it was a 2-1 decision that says that the texas reapportionment was not according to law. And I could be wrong because I just read that quickly. So, that is what I want to point out. Surely, this is where president biden's nominees would shine.
▶ 0:26:19Chair Grassley: Because of productivity and independence. So, trump's nominees dominated the field in this category. All of the top 10 judges rated on independence were nominated by president trump.
▶ 0:26:39Chair Grassley: And that is not all, let us go to the metric of partisanship, meaning whether judges voted in alignment with other judges nominated from the same party. Trump's appointees win again, eight out of the 10, least partisan judges were nominated by president trump.
▶ 0:27:04Chair Grassley: So, in short, president trump has a history of nominating highly qualified jurists to the bench, and today we will vote for a few more. I am proud to say that under my chairmanship, the judiciary committee will continue to advance highly qualified nominees to serve the american people.
▶ 0:27:25Sen. Durbin: Thank you very much. When you have only to look at the ratings on the nominees that trump has sent to this committee that the problem is that this committee eliminated aba ratings. For the first time in decades, 60 to 70 years, we decided we do not care what the american bar association finds out when they interviewed other judges and lawyers for these nominees.
▶ 0:27:54Sen. Durbin: It used to be every president for 50 or 60 years has submitted the nominations to the aba for ratings. This committee decided for the first time in decades not to even ask. Why? What are they afraid they will find? I think they will find is if they have a better understanding of each of the nominees. There have been nominees found unqualified.
▶ 0:28:20Sen. Durbin: I think the number was seven or eight in the first term presidency considered by this committee, and most of whom were approved. That is an implication that the community does not believe they are up for the job. So, to have any bragging and boasting about nominees, why did you eliminate the aba rating.
▶ 0:28:43Sen. Durbin: That has been there for a long time and now you do not want trump nominees to face that scrutiny and that tells us a lot. Mr. chairman, nearly five years ago america was brought to the brink of a nearly full blown constitutional crisis that culminated in the deadly january 6 attack on the united states capitol building.
▶ 0:29:04Sen. Durbin: Remember when we were evacuated from the floor of the senate by capitol police, who told us that the insurrectionists were on the way to the chamber, we all found out quickly to find a safe place. That is an amazing story that is now part of american history, and think for just one second that we had been notified that the house of commons had its door broken down and mobsters had taken over the house of commons in england. Our spot -- our response would have been incredulous.
▶ 0:29:33Sen. Durbin: A great country like great britain had a major institution recognized for decades if not centuries invaded by a mob group that forced them to leave session and file out as quickly as possible. How could that happen to a great nation like england and what is going on there and who is in charge? We remember it well. The architects of the crisis the U.S.
▶ 0:29:59Sen. Durbin: Capitol sought to subvert the will of the american people and overturn the results of the free and fair election, the architect, president trump and his allies. Across the country, state and federal judges dismissed the crazy lawsuits brought by the president's supporters, affirming that he had been the true winner in the last election because that was not true. Joe biden had won the presidency.
▶ 0:30:27Sen. Durbin: President trump is in full denial and you hear all of our nominees writhing in pain as we asked them the question well who won the election. I am not supposed to say that biden, so just say that he was sworn in as president, carefully tiptoeing through the facts of history because they are afraid that it might offend the president. This reality has been a thorn in president trump's side.
▶ 0:30:55Sen. Durbin: He has taken unprecedented steps to whitewash history and what all of us all with her own eyes. Just like the demolished east wing of the white house, he is taking a wrecking ball to our democracy and history. Day after day he is dismantling our constitutional order to protect himself and his followers and to attack political opponents. Look at the action he take that she has taken since last time this committee met.
▶ 0:31:22Sen. Durbin: After the indefensible blanket pardon of more than 1500 january 6 rioters, he is also pardoning this group saying they are above the law for unrelated offenses. Let me tell you a story. Last week he pardoned dan wilson, does that name mean anything to you? He was a member of the oath keepers militia, a far right wing group.
▶ 0:31:47Sen. Durbin: He pled guilty to conspiracy to impede and injure a law enforcement officer and was sentenced to five years in prison. He remained incarcerated due to felony conviction for illegally possessing firearms. President trump decided that Mr. wilson should receive a pardon for this offense as well. The press and pardon suzanne kaye, sentenced to 18 months after threatening to shoot fbi agents.
▶ 0:32:15Sen. Durbin: She had posted a video online saying that she would exercise " my second amendment right to shoot your f-ing ass." fbi agent's interviewed her about participation on january 6, so so much for protecting law enforcement, another trump pardon. We learned another horrific crime committed by a january 6 rioter that president trump pardon.
▶ 0:32:43Sen. Durbin: Andrew paul johnson was arrested first in tennessee, and then in florida for a multiple child sexual abuse offenses. Mr. johnson, who referred to himself as "an american terrorists" and a proud january 6-er face charges of molestation of 11-year-old child and two others between the ages of 12 and 16.
▶ 0:33:12Sen. Durbin: President trump also recently granted preemptive pardons to more than 70 of his allies who embraced the big lie and attempted to overturn the results of the 2020 election. Meanwhile, at the fbi, director patel carries out a purge of those fbi officials who simply worked on cases involving january 6.
▶ 0:33:35Sen. Durbin: The fbi agents association said that the director "has disregarded the law and launched a campaign of erratic and arbitrary retribution. And agent simply being assigned to an investigation and conducting it appropriately within the law should never be grounds for termination." so say the fbi agent's. And department of justice prosecutors who mention the reality of what actually happened and we witnessed are placed on administrative leave.
▶ 0:34:07Sen. Durbin: I am a student has most of us are of my age of the cold war and the soviet union. How they use to rewrite history on a regular basis when it was inconvenient and that is what is happening with the trump administration and january 6. The president continues to target communities simply because they did not vote for him including my home state of illinois. He claims the administration is targeting the worst of the worst. You've heard the speech as he gives at rallies.
▶ 0:34:38Sen. Durbin: Rapists, murderers, criminally insane, illegally coming into the united states and we are going to set out to find them and remove them. According to their own data so far, and I hope you're keeping score of the more than 600 people arrested in illinois under operation midway blitz, 16 out of 600 have a criminal history that poses any risk to public safety. That is less than 3%.
▶ 0:35:06Sen. Durbin: As the trump administration tramples over the constitution I am solute -- I'm sorry my colleagues remained silent. You know better and so do I. Silent as he imposes higher prices with tariff policies and guts the federal workforce and above all silent because they fear political retribution. We have never faced anything like this in our modern history. Our democracy is struggling to survive. Will someone speak up on the other side? I yield.
▶ 0:35:35Chair Grassley: We are waiting on one senator. And we want to see if there are other people that want to speak. After we get the nominees.
▶ 0:35:52Sen. Tillis: If we reach a quorum, then I will not delay. The vote. I wanted to speak on two different subjects. I am looking to -- looking forward to voting on the mississippi nominees. Over the past month or so, I have been responsible for them not getting a vote on the committee, and I want to make sure that Mr. chamberlain, kruger, and maxwell and Mr.
▶ 0:36:21Sen. Tillis: Leary know it had nothing to do with the quality of their nominations, they are outstanding nominees and I look forward to voting them out of committee today. Finally and I want to thank senator wicker who is here for being such a strong advocate and a great partner working on a matter where we had disagreement and bridge the gap. And I just want to say that in north carolina, a lot of people see reports about border patrol in charlotte, 20 minutes from where I live.
▶ 0:36:51Sen. Tillis: I am somewhat sympathetic to what senator durbin said about some of these apprehensions. I will say the reason they are likely in charlotte is because we have a sheriff who had basically a sanctuary city policy, and there have been people released and there have been bad outcomes. Part of the reason we are there is because of bad decisions.
▶ 0:37:15Sen. Tillis: Having said that I want to make sure that homeland security can provide me with a list of who was detained, how long they were detained, whether or not it was released and whether or not they are provided restitution for property damage. We are the party of law and order and I want to make sure we are orderly in the process of enforcing it. Thank you.
▶ 0:37:35Chair Grassley: We will call the role now on a. Tysen duva. >> [reading names]
▶ 0:38:27Chair Grassley: On this felt the ayes are 12 and the nays are 10.
▶ 0:38:34Chair Grassley: On that denomination will be favorably reported on the floor. Now we go to robert chamberlain. The clerk will call the role.
▶ 0:38:43Clerk: Mr. graham? >> aye.
▶ 0:38:47Clerk: Mr. lee? >> aye.
▶ 0:38:50Clerk: Mr. hawley. >> aye.
▶ 0:38:52Clerk: Mr. kennedy. >> aye.
▶ 0:38:55Clerk: Ms. blackburn? >> aye.
▶ 0:39:02Clerk: Mr. durbin? >> nay.
▶ 0:39:06Clerk: Ms. klobuchar? >> nay.
▶ 0:39:12Clerk: Mr. blumenthal? >> nay.
▶ 0:39:17Clerk: Mr. padilla? >> nay.
▶ 0:39:21Clerk: Mr. schiff? >> nay. No.
▶ 0:39:29Chair Grassley: The favorable report will be reporting the nomination of Mr. chamberlain to the floor. The clerk will call the role now on justice william crain.
▶ 0:39:44Clerk: Mr. lee? >> aye.
▶ 0:39:49Clerk: Mr. hawley? >> aye.
▶ 0:39:52Clerk: Mr. kennedy? >> aye.
▶ 0:39:57Clerk: Mr. schmitt? >> aye.
▶ 0:40:00Clerk: Ms. moody? >> aye.
▶ 0:40:05Clerk: Mr. whitehouse? >> no.
▶ 0:40:11Clerk: Mr. blumenthal? >> no.
▶ 0:40:16Clerk: Mr. booker? >> no by proxy.
▶ 0:40:20Clerk: Mr. welch? >> no by proxy.
▶ 0:40:24Clerk: Chairman grassley? >> aye..
▶ 0:40:28Clerk: Ayes are 12 and the nays are 10.
▶ 0:40:35Chair Grassley: With a favorable vote he will be reported. Now we report -- and we will vote for james maxwell for the northern district of mississippi.
▶ 0:40:46Clerk: Mr. lee? >> aye.
▶ 0:40:50Clerk: Mr. hawley? >> aye.
▶ 0:40:53Clerk: Mr. tillis? >> aye.
▶ 0:40:56Clerk: Ms. blackburn? >> aye.
▶ 0:41:01Clerk: Mrs. moody? >> aye.
▶ 0:41:05Clerk: Mr. durbin? >> no.
▶ 0:41:09Clerk: Mr. coons? >> no by proxy.
▶ 0:41:15Clerk: Mr. booker? >> no by proxy.
▶ 0:41:19Clerk: Mr. welch? >> no by proxy.
▶ 0:41:24Clerk: Chairman grassley? >> aye.
▶ 0:41:27Clerk: The ayes are 12 and the nays are 10.
▶ 0:41:34Chair Grassley: Mr. maxwell will be reported to the floor with a favorable vote. Now we call alexander van hook.
▶ 0:41:44Clerk: Mr. graham? >> aye.
▶ 0:41:47Sen. Durbin: --
▶ 0:41:49Clerk: Senator cruz? >> aye.
▶ 0:41:52Clerk: Mr. tillis? >> aye.
▶ 0:41:55Clerk: Ms. blackburn? >> aye.
▶ 0:41:58Clerk: Mr. smith quest -- Mr. schmitt? >> aye.
▶ 0:42:05Clerk: Mr. whitehouse? >> no. >> that was aye by proxy for senator klobuchar.
▶ 0:42:18Clerk: Mr. coons? >> no by proxy.
▶ 0:42:27Clerk: Mr. booker? >> no by proxy? .
▶ 0:42:35Clerk: Mr. schiff? >> no by proxy.
▶ 0:42:39Clerk: Chairman grassley? >> aye.
▶ 0:42:45Chair Grassley: The favorable vote is that Mr. van hook will be reported to the floor. Now we will call up erin cre egan. The clerk will call the role.
▶ 0:43:01Clerk: Mr. graham? >> aye.
▶ 0:43:04Clerk: Mr. cornyn? >> aye.
▶ 0:43:07Clerk: Mr. cruz? >> aye.
▶ 0:43:11Clerk: Mr. tillis? >> aye.
▶ 0:43:14Clerk: Ms. blackburn? >> aye.
▶ 0:43:18Clerk: Mr. schmitt? >> aye.
▶ 0:43:21Clerk: Ms. moody? >> aye.
▶ 0:43:24Clerk: Senator durbin? >> aye.
▶ 0:43:28Clerk: Ms klobuchar? >> aye. By proxy.
▶ 0:43:34Clerk: Senator blumenthal? >> no by proxy.
▶ 0:43:41Clerk: Senator booker? >> no by proxy.
▶ 0:43:45Clerk: Mr. welch? >> aye. By proxy.
▶ 0:43:51Clerk: Chairman grassley? >> aye.
▶ 0:43:55Chair Grassley: The ayes are 18 and the nays are four. Erin creegan will be reported to the floor. And now we take up the nomination of Mr. kreigshauw nomination of Mr. kreigshauser for the district of kansas.
▶ 0:44:14Clerk: Mr. cornyn? >> aye.
▶ 0:44:18Clerk: Mr. cruz? >> aye.
▶ 0:44:20Clerk: Mr. hawley? >> aye.
▶ 0:44:23Clerk: Mr. kennedy? >> aye.
▶ 0:44:26Clerk: Ms. blackburn? >> aye.
▶ 0:44:29Clerk: Mrs. bread? -- britt. >> aye.
▶ 0:44:37Clerk: Ms. klobuchar? >> no by proxy.
▶ 0:44:43Clerk: Ms. hirono? >> no by proxy.
▶ 0:44:48Clerk: Mr. padilla? >> no by proxy.
▶ 0:44:53Clerk: Mr. schiff? >> no by proxy.
▶ 0:44:57Clerk: Chairman? >> aye.
▶ 0:45:01Chair Grassley: Ok. Mr. kreigshauser will be reported to the floor on a favorable vote. And now we vote on james kruger on the southern district of mississippi.
▶ 0:45:17Clerk: Mr. cornyn? >> aye.
▶ 0:45:20Clerk: Mr. lee? >> aye.
▶ 0:45:24Clerk: Mr. tillis? >> aye.
▶ 0:45:27Clerk: Mr. kennedy? >> aye.
▶ 0:45:31Clerk: Mr. schmitt? >> aye.
▶ 0:45:37Clerk: Mr. durbin? >> no.
▶ 0:45:40Clerk: Ms. klobuchar? >> no by proxy.
▶ 0:45:47Clerk: Ms. hirono? >> no by proxy.
▶ 0:45:51Clerk: Mr. padilla? >> no by proxy.
▶ 0:45:55Clerk: Mr. schiff? >> no by proxy.
▶ 0:45:59Clerk: Ayes are 12 and the nays are 10.
▶ 0:46:07Chair Grassley: He will be favorably voted on and reported to the floor. And now we have scott leary, the northern district of mississippi, U.S. attorney. The clerk will call the role.
▶ 0:46:21Clerk: Mr. cornyn? >> aye..
▶ 0:46:24Clerk: Mr. cruz? >> aye.
▶ 0:46:27Clerk: Mr. hawley? >> aye.
▶ 0:46:30Clerk: Mr. kennedy? >> aye.
▶ 0:46:34Clerk: Mr. schmitt? >> aye.
▶ 0:46:36Clerk: Mrs. moody? >> aye.
▶ 0:46:41Clerk: Mr. durbin? >> aye.
▶ 0:46:44Clerk: Ms. klobuchar? >> aye. By proxy.
▶ 0:46:52Clerk: Ms. hirono? >> aye. By proxy.
▶ 0:46:58Clerk: Mr. padilla? >> no by proxy.
▶ 0:47:03Clerk: Mr. schiff? >> no by proxy.
▶ 0:47:11Clerk: On this boat the ayes are 17 and the nays are five.
▶ 0:47:18Chair Grassley: He will be reported and that is our agenda. Is there anyone else, the meeting adjourned. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. Visit ncicap.org]