U.S. Senate Democratic Whip Dick Durbin, Ranking Member of the Senate Judiciary Committee, criticized the Trump Administration on May 20 for what he described as misuse of nearly $2 billion in Department of Justice funds to benefit January 6 insurrectionists and political allies. Durbin made these remarks during a Senate Judiciary Committee nominations hearing that included Benjamin Flowers, Matthew Schwartz, and Don Berthiaume, Jr.
The topic is significant because it concerns how federal funds are allocated and whether judicial nominees may be selected based on personal loyalty rather than impartiality. Durbin said that such actions undermine public trust in the judiciary and challenge expectations that judges act as neutral arbiters.
During his opening statement, Durbin questioned the propriety of lifetime judicial nominations for individuals closely tied to President Trump or who supported his legal arguments. He addressed Schwartz’s continued representation of Trump in pending cases and Flowers’ support for limiting birthright citizenship. “Imagine if Joe Biden went this far [with a DOJ slush fund]. Would we have a hearing in the Judiciary Committee? I certainly know we would and you do too. Will there be a hearing in this Committee when it comes to this new slush fund which [stated] ‘forever bar[red] and preclude[d] from prosecuting or pursuing… claims against President Trump, related individuals—including, without limitation, family and filing jointly.’ It’s a get-out-of-jail free card forever,” Durbin said.
He also criticized recent social media comments by President Trump about federal judges: “Just last week, the President posted another rant on social media…President Trump said federal judges should ‘be loyal to the person that appointed them.’ In fact…Nowhere in the oath does it say that judges are beholden to the president who nominates them.” Regarding Trump’s approach to appointments, Durbin said: “Matthew Schwartz…is the third personal attorney of President Trump who he has nominated to a circuit court seat…For aspiring judges not lucky enough to become one of the President’s personal attorneys, they can jockey for President Trump’s support in another way: supporting his baseless legal arguments. Benjamin Flowers…fits that bill.”
Durbin expressed concern about future implications: “President Trump is disappointed in the Supreme Court Justices he appointed during his first term….So, in his second term, he demands that his appointees bend a knee…and demonstrate their blind loyalty to him….That is in direct conflict with what is required of federal judges. We should have confidence that jurists will be neutral arbiters who rule without fear or favor. But I am deeply concerned that President Trump tapped today’s nominees because he believes that they will ‘be loyal to the person that appointed them.’”
Durbin has represented Illinois in the U.S. Senate while serving as Senate Democratic Whip; he has aided Illinois residents with federal agency matters including health initiatives such as childhood asthma programs and medical research; participated on committees focused on judiciary matters; supported community efforts like immigration processes; convened Illinois’ bipartisan congressional delegation; and held leadership roles among Democrats—all according to the official website.
