[Senate Hearing 118-29, Part 1]
[From the U.S. Government Publishing Office]


                                                 S. Hrg. 118-29, Part 1

                        CONFIRMATION HEARING ON FEDERAL 
                                  APPOINTMENTS

=======================================================================

                                 HEARING

                                BEFORE THE

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               ----------                              

                            JANUARY 25, 2023

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                           Serial No. J-118-2

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                                 PART 1

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         Printed for the use of the Committee on the Judiciary
         
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                       COMMITTEE ON THE JUDICIARY

                   RICHARD J. DURBIN, Illinois, Chair
DIANNE FEINSTEIN, California         LINDSEY O. GRAHAM, South Carolina, 
SHELDON WHITEHOUSE, Rhode Island             Ranking Member
AMY KLOBUCHAR, Minnesota             CHARLES E. GRASSLEY, Iowa
CHRISTOPHER A. COONS, Delaware       JOHN CORNYN, Texas
RICHARD BLUMENTHAL, Connecticut      MICHAEL S. LEE, Utah
MAZIE K. HIRONO, Hawaii              TED CRUZ, Texas
CORY A. BOOKER, New Jersey           JOSH HAWLEY, Missouri
ALEX PADILLA, California             TOM COTTON, Arkansas
JON OSSOFF, Georgia                  JOHN KENNEDY, Louisiana
PETER WELCH, Vermont                 THOM TILLIS, North Carolina
                                     MARSHA BLACKBURN, Tennessee
             Joseph Zogby, Chief Counsel and Staff Director
      Katherine Nikas, Republican Chief Counsel and Staff Director
                            
                            C O N T E N T S

                              ----------                              

                      JANUARY 25, 2023, 10:03 A.M.

                    STATEMENTS OF COMMITTEE MEMBERS

                                                                   Page

Durbin, Hon. Richard J., a U.S. Senator from the State of 
  Illinois.......................................................     1
Graham, Hon. Lindsey O., a U.S. Senator from the State of South 
  Carolina.......................................................     2
Booker, Hon. Cory A., a U.S. Senator from the State of New 
  Jersey, introducing Michael Farbiarz, Nominee to be a United 
  States District Judge for the District of New Jersey...........     5

                              INTRODUCERS

Young, Hon. Todd, a U.S. Senator from the State of Indiana, 
  introducing Hon. Matthew P. Brookman, Nominee to be a United 
  States District Judge for the Southern District of Indiana.....     2
Menendez, Hon. Robert, a U.S. Senator from the State of New 
  Jersey, introducing Hon. Robert Kirsch, Nominee to be a United 
  States District Judge for the District of New Jersey...........     3
Murray, Hon. Patty, a U.S. Senator from the State of Washington, 
  introducing Hon. Charnelle Bjelkengren, Nominee to be a United 
  States District Judge for the Eastern District of Washington...     6
Schumer, Hon. Charles E., a U.S. Senator from the State of New 
  York, introducing Orelia Eleta Merchant, Nominee to be a United 
  States District Judge for the Eastern District of New York.....     7

                       STATEMENTS OF THE NOMINEES

Witness List.....................................................    27
Bjelkengren, Hon. Charnelle, Nominee to serve as United States 
  District Judge for the Eastern District of Washington..........     9
    questionnaire and biographical information...................    28
Brookman, Hon. Matthew P., Nominee to serve as United States 
  District Judge for the Southern District of Indiana............    10
    questionnaire and biographical information...................    60
Farbiarz, Michael, Nominee to serve as United States District 
  Judge for the District of New Jersey...........................    11
    questionnaire and biographical information...................   119
Kirsch, Hon. Robert, Nominee to serve as United States District 
  Judge for the District of New Jersey...........................    12
    questionnaire and biographical information...................   154
Merchant, Orelia Eleta, Nominee to serve as United States 
  District Judge for the Eastern District of New York............    13
    questionnaire and biographical information...................   201

                               QUESTIONS

Questions submitted to Hon. Charnelle Bjelkengren by:
    Chair Durbin.................................................   224
    Ranking Member Graham........................................   225
    Senator Lee..................................................   230
    Senator Cruz.................................................   233
    Senator Hawley...............................................   237
    Senator Tillis...............................................   244
Questions submitted to Hon. Matthew P. Brookman by:
    Ranking Member Graham........................................   252
    Senator Lee..................................................   256
    Senator Cruz.................................................   259
    Senator Hawley...............................................   265
    Senator Tillis...............................................   272
Questions submitted to Michael Farbiarz by:
    Ranking Member Graham........................................   280
    Senator Lee..................................................   284
    Senator Cruz.................................................   287
    Senator Hawley...............................................   293
    Senator Tillis...............................................   300
Questions submitted to Hon. Robert Kirsch by:
    Ranking Member Graham........................................   308
    Senator Lee..................................................   312
    Senator Cruz.................................................   315
    Senator Hawley...............................................   321
    Senator Tillis...............................................   328
Questions submitted to Orelia Eleta Merchant by:
    Ranking Member Graham........................................   336
    Senator Lee..................................................   340
    Senator Cruz.................................................   343
    Senator Hawley...............................................   350
    Senator Tillis...............................................   357

                                ANSWERS

Responses of Hon. Charnelle Bjelkengren to questions submitted 
  by:
    Chair Durbin.................................................   365
    Ranking Member Graham........................................   367
    Senator Lee..................................................   380
    Senator Cruz.................................................   387
    Senator Hawley...............................................   394
    Senator Tillis...............................................   409
Responses of Hon. Matthew P. Brookman to questions submitted by:
    Ranking Member Graham........................................   415
    Senator Lee..................................................   425
    Senator Cruz.................................................   432
    Senator Hawley...............................................   445
    Senator Tillis...............................................   461
Responses of Michael Farbiarz to questions submitted by:
    Ranking Member Graham........................................   468
    Senator Lee..................................................   478
    Senator Cruz.................................................   486
    Senator Hawley...............................................   501
    Senator Tillis...............................................   520
Responses of Hon. Robert Kirsch to questions submitted by:
    Ranking Member Graham........................................   527
    Senator Lee..................................................   538
    Senator Cruz.................................................   545
    Senator Hawley...............................................   559
    Senator Tillis...............................................   574
Responses of Orelia Eleta Merchant to questions submitted by:
    Ranking Member Graham........................................   581
    Senator Lee..................................................   593
    Senator Cruz.................................................   600
    Senator Hawley...............................................   616
    Senator Tillis...............................................   633

       LETTERS RECEIVED WITH REGARD TO HON. CHARNELLE BJELKENGREN

Alliance for Justice (AFJ), January 20, 2023.....................   640
Briney, Laurence D., November 28, 2022...........................   642
Eitzen, Hon. Tari S, December 4, 2022............................   643
Federal Bar Association of the Eastern District of Washington, 
  January 20, 2023...............................................   646
Fitzgerald, Hon. Timothy W., January 23, 2023....................   648
McGuire, Maureen, November 28, 2022..............................   650
O'Connor, Hon. Kathleen M., December 2, 2022.....................   652
Ormsby, Michael C., January 31, 2023.............................   653
Spokane County Superior Court, January 19, 2023..................   655
Thomas, Hon. Christopher J., November 21, 2022...................   658
Tripp, Hon. Gregory J., December 4, 2022.........................   660
Weber, Hon. Juliana K., December 9, 2022.........................   661
Zigler, Kenneth, and Joanna Puryear, January 20, 2023............   663

        LETTERS RECEIVED WITH REGARD TO HON. MATTHEW P. BROOKMAN

Bolin, Hon. Billy, Chief of Police, Evansville, Indiana, January 
  12, 2023.......................................................   665
Criminal Justice Act Panel attorneys, letters to Chair Richard J. 
  Durbin and Ranking Member Lindsey O. Graham, January 24, 2023..   666
Evansville Bar Association, January 13, 2023.....................   668
Former U.S. Attorneys for the Southern District of Indiana, 
  January 20, 2023...............................................   670

            LETTERS RECEIVED WITH REGARD TO MICHAEL FARBIARZ

Association of the Federal Bar of New Jersey (AFBNJ), January 12, 
  2023...........................................................   672
DeMarco, Mark S., January 18, 2023...............................   673
Former prosecutors from the U.S. Attorney's Office for the 
  Southern District of New York, January 20, 2023................   675
New Jersey State Bar Association, January 13, 2023...............   678
Port Authority of New York & New Jersey, January 20, 2023........   679
Quijano, Peter Enrique, January 18, 2023.........................   681

           LETTERS RECEIVED WITH REGARD TO HON. ROBERT KIRSCH

Abdellah, Hassan, et al., trial lawyers in New Jersey, January 4, 
  2023...........................................................   683
Association of the Federal Bar of New Jersey (AFBNJ), January 12, 
  2023...........................................................   685
Barnett, Brooke M., January 11, 2023.............................   686
Biancamano, Stacy A., January 5, 2022............................   688
Cavanaugh, Hon. Dennis M., January 5, 2023.......................   690
Dauber, Edward J., et al., former USA and AUSAs for the District 
  of New Jersey, January 9, 2023.................................   692
Espinosa, Roberto J., January 11, 2023...........................   694
Former colleagues and supervisors at U.S. Department of Justice, 
  Washington, DC, January 12, 2023...............................   697
Former Federal prosecutors in the U.S. Attorney's Office for the 
  District of New Jersey, January 13, 2023.......................   700
Former law clerks to Judge Kirsch on the New Jersey Superior 
  Court for Union County, January 11, 2023.......................   704
Hamlin, Raymond L., January 5, 2023..............................   706
Hayden, Joseph A., Jr., January 4, 2023..........................   709
Jackson, Rt. Rev. Reginald T., January 5, 2023...................   711
Lifland, Hon. John C., January 9, 2023...........................   712
McGreevey, Hon. James E., January 23, 2023.......................   714
New Jersey State Bar Association, January 13, 2023...............   715
Thomas, K. Anthony, Federal Public Defender, District of New 
  Jersey, January 12, 2023.......................................   716
Weathersby, Deandre, January 9, 2023.............................   718
Zloch, Hon. William J., January 11, 2023.........................   720

         LETTERS RECEIVED WITH REGARD TO ORELIA ELETA MERCHANT

Alliance for Justice (AFJ), January 20, 2023.....................   722
Capers, Robert L., former U.S. Attorney for the Eastern District 
  of New York, January 24,2023...................................   724
Jordan, Lisa W., January 24, 2023................................   726

                MISCELLANEOUS SUBMISSIONS FOR THE RECORD

American Bar Association's Standing Committee on the Federal 
  Judiciary, evaluation of the professional qualifications of 
  Hon. Charnelle Bjelkengren.....................................   728
American Bar Association's Standing Committee on the Federal 
  Judiciary, evaluation of the professional qualifications of 
  Hon. Matthew P. Brookman.......................................   729
American Bar Association's Standing Committee on the Federal 
  Judiciary, evaluation of the professional qualifications of 
  Michael Farbiarz...............................................   730
American Bar Association's Standing Committee on the Federal 
  Judiciary, evaluation of the professional qualifications of 
  Hon. Robert Kirsch.............................................   731
American Bar Association's Standing Committee on the Federal 
  Judiciary, evaluation of the professional qualifications of 
  Orelia Eleta Merchant..........................................   732
Cantwell, Hon. Maria, a U.S. Senator from the State of 
  Washington, prepared statement introducing Hon. Charnelle 
  Bjelkengren, Nominee to be a United States District Judge for 
  the Eastern District of Washington.............................   733

 
              CONFIRMATION HEARING ON FEDERAL APPOINTMENTS

                              ----------                              


                      WEDNESDAY, JANUARY 25, 2023

                              United States Senate,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
Room 226, Dirksen Senate Office Building, Hon. Richard J. 
Durbin, Chair of the Committee, presiding.
    Present: Senators Durbin [presiding], Whitehouse, Hirono, 
Booker, Ossoff, Graham, Hawley, Kennedy, and Blackburn.
    Also present: Senators Young, Menendez, Murray, and 
Schumer.

          OPENING STATEMENT OF HON. RICHARD J. DURBIN,
           A U.S. SENATOR FROM THE STATE OF ILLINOIS

    Chair Durbin. This hearing will come to order. I want to 
welcome the nominees before us today, as well as Senator 
Graham, the incoming Ranking Member of the Senate Judiciary 
Committee.
    Today, we will hear from five judicial nominees: Judge 
Charnelle Bjelkengren, excuse me if I mispronounced that, 
nominated to the Eastern District of Washington; Judge Matthew 
Brookman, nominated to the Southern District of Indiana; 
Michael Farbiarz, nominated to the District of New Jersey; 
Judge Robert Kirsch, also nominated to the District of New 
Jersey; and Orelia Merchant, nominated to the Eastern District 
of New York.
    Congratulations to the nominees and their families.
    Each of today's nominees has received the blue slip from 
both of their home State Senators. For those not aware of the 
process, these are efforts to have the home State Senators of 
district nominees approve of going forward with this hearing.
    This includes Judge Matthew Brookman, who has received blue 
slips from Indiana Senators, Senator Todd Young, who is with us 
today, and Senator Braun. I also would like to thank Senator 
Young and Senator Braun for continuing to work in good faith to 
fill this Federal vacancy in their home State. They have shown 
once again the process can work on a bipartisan basis and can 
result in outstanding nominees.
    Now we need more. I am urging my Republican colleagues. We 
have received 12 blue slips so far. I think we could do better. 
This is a sharp contrast with the previous President. Under the 
Trump administration, Democratic Senators returned 130 blue 
slips for Trump district court nominees, which led to the 
confirmation of 84 nominees. Almost half of all President 
Trump's district court nominees were on a bipartisan basis when 
it came to this Committee.
    I encourage my Republican colleagues to follow the example 
not only by Senators Young and Braun, but a number of other 
Republican Senators from Ohio and Pennsylvania, Ranking Member 
Senator Graham, and outgoing Ranking Member, Senator Grassley.
    We ask them to engage with the White House in good faith 
and try to swiftly identify and advance highly qualified 
nominees for the Federal bench. We have several colleagues 
joining us today to introduce today's nominees, but first I 
will turn to my friend and Ranking Member, Senator Graham, for 
opening remarks.

          OPENING STATEMENT OF HON. LINDSEY O. GRAHAM,
        A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA

    Senator Graham. Well, thank you, Mr. Chairman. And I would 
sort of echo what you said. You know, elections have 
consequences. Let's work together and see if we can get some 
nominations moving in the spirit of what we did in the last 
Congress.
    To the nominees today, congratulations. This is a big 
moment in your life. And being a Federal Judge is a big deal, 
and glad to be with you.
    Chair Durbin. Thank you, Senator Graham. I welcome my 
colleagues who have come here to help introduce the nominees. 
And I would first like to recognize Senator Young to introduce 
Judge Brookman.

STATEMENT OF HON. TODD YOUNG, A U.S. SENATOR FROM THE STATE OF 
 INDIANA, INTRODUCING HON. MATTHEW P. BROOKMAN, NOMINEE TO BE 
   UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF 
                            INDIANA

    Senator Young. Well, thank you, Chairman Durbin, Ranking 
Member Graham, Members of the Committee. It is a privilege to 
be before you. Over the last 6 years, I have come before this 
Committee several times to introduce fellow Hoosiers who have 
been nominated to serve on the Federal bench.
    We have been fortunate to have a string of them who are 
highly respected jurists, with the potential for broad 
bipartisan support from this Committee, and more broadly, from 
the Senate as a whole. Federal Magistrate Judge Matthew 
Brookman, nominated by President Biden to serve as U.S. 
District Judge in the Southern District of Indiana, continues 
this streak. Judge Brookman graduated from DePaul University in 
1990 and Washington University School of Law in 1993.
    After a stint in private practice, he served as Assistant 
U.S. Attorney in both Western District of Missouri and the 
Southern District of Indiana. From 2011 to 2016, in the 
Southern District, he was the Evansville branch Office Chief, 
as well as the Chief of the District's Drug and Violent Crime 
Unit. In 2016, he was appointed Magistrate Judge in the 
Southern District of Indiana.
    Since Judge Brookman's nomination was announced, I have 
received many notes of support from the community, including 
the Evansville Bar Association, which called him, ``prepared, 
fair, and extremely knowledgeable.'' The Evansville Chief of 
Police who stated, ``There isn't a better person for the job.''
    And local Evansville attorneys, appointed under the 
Criminal Justice Act, who said then-AUSA Brookman was always 
honest and fair, and as Magistrate Judge, he is impartial and 
considers all arguments from both sides prior to making any 
decision.
    At a time when criminal justice, drug use, and violent 
crime are a primary concern in my State, Hoosiers will be 
comforted knowing they have an experienced and fair judge on 
the bench. I am confident you will come away from today's 
hearing as impressed as I have been. Thank you, Mr. Chair.
    Chair Durbin. Thanks, Senator Young. And as I mentioned, 
Senator Braun, your colleague, has also supported this 
nomination.
    I have now the pleasure to turn to my colleague and a 
Member of the Committee, Senator Booker. There are two nominees 
from the State of New Jersey, and he and Senator Menendez will 
introduce them.
    Senator Booker. Mr. Chairman, I am not sure how things are 
done in South Carolina or Illinois, but in New Jersey, I always 
defer first to the senior Senator of the great State.
    Chair Durbin. Good rule--good rule of thumb. Very good. 
Senator Menendez.
    Senator Menendez. Okay, I will remember that in the future.
    [Laughter.]

  STATEMENT OF HON. ROBERT MENENDEZ, A U.S. SENATOR FROM THE 
STATE OF NEW JERSEY, INTRODUCING HON. ROBERT KIRSCH, NOMINEE TO 
 BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY

    Senator Menendez. Let me thank my colleague, Senator 
Booker, a distinguished Member of this Committee, for giving me 
the opportunity.
    I have a Foreign Relations classified hearing coming up, 
so. Chairman Durbin, Ranking Member Graham, to my colleague, 
Senator Booker, distinguished colleagues on the Committee, it's 
my pleasure to join you today to introduce the second of our 
two exceptionally qualified nominees to the U.S. District Court 
for the District of New Jersey.
    But first, let me add a thought or two about Michael 
Farbiarz. Mr. Farbiarz has dedicated his career to public 
service. From serving as an Assistant U.S. Attorney and Co-
Chief of the Terrorism and International Narcotics Unit, to 
then be the General Counsel of the Port Authority of New York 
and New Jersey, Michael has shown a commitment to the country 
and to the rule of law.
    He is extremely well respected in the New Jersey legal 
community, a reputation he earned through years of practicing 
law in a serious, thoughtful way. Indeed, both of our nominees, 
Mr. Farbiarz and Judge Kirsch, appear before this Committee as 
the best that our State has to offer.
    I now have the honor of introducing and recommending Robert 
Kirsch, a Judge in the Superior Court of New Jersey. Judge 
Kirsch has capably served on the court for over a decade, 
having been sponsored by then-State Senator Tom Kean, Jr., a 
Republican, and being appointed by Governor Corzine, a 
Democrat.
    Throughout his tenure, Judge Kirsch has served the Garden 
State with distinction, often taking on difficult cases 
involving public safety and the rule of law. There aren't many 
judges who can claim to have presided over the widely 
publicized murder trial of a hatchet-wielding hitchhiker.
    But then again, Judge Kirsch has always chosen to do what 
is right, not what comes easy. Before his appointment to the 
Superior Court, he spent time as a Federal Prosecutor for the 
Department of Justice, before serving for 12 years as an 
Assistant U.S. Attorney for the District of New Jersey, a 
native of South Orange, and gives back through various State 
and local leadership positions, particularly those related to 
juvenile justice.
    It was this initiative that led to a landmark juvenile 
reentry program being implemented for at-risk youth statewide. 
In short, he has the legal expertise, the lived experiences, 
and the values to be a Federal Judge. He is an outstanding 
nominee to fill New Jersey's final Federal judicial vacancy and 
comes well recommended by the Presidents of both the 
Association of the Federal Bar of New Jersey and the New Jersey 
State Bar Association.
    But let me close on this, of all the letters of endorsement 
this Committee has received in support of his nomination, there 
is one I would like to highlight in particular. It comes from a 
young man named Deandre Weathersby, who serves New Jersey as an 
employee of our State's Department of Environmental Protection.
    By his own account, Deandre did not have an easy childhood 
growing up in Chicago. In quick succession, he lost two 
brothers, one to a heart attack, another to gun violence, when 
each of them was in their mid-twenties.
    In 2017, Deandre's life changed when he was introduced to 
Judge Kirsch by his son, Jackson Kirsch. Judge Kirsch had no 
obligation to welcome Deandre Weathersby, a relative stranger, 
into his home. He had no obligation to let him stay for 2\1/2\ 
years while he built a new life away from his original home of 
Chicago. He had no obligation to mentor him, to guide him 
toward a chance at a better life and the American dream. That 
is exactly what Judge Kirsch did. I submit to my colleagues 
that this, the small but powerful example of Judge Kirsch's 
character, is exactly what our Nation should look for in a 
Federal Judge.
    Someone who, in Deandre's words, quote, ``is more than just 
a father, more than just a judge or a pillar of the community. 
Rather, someone whose real gift comes from wanting the people 
around him to succeed and make the best of what is in front of 
them.'' I couldn't have put it better, Mr. Chairman.
    And so on behalf of the great State of New Jersey, it is my 
honor to thank him for a dedicated service to the people who 
call it home, and to introduce Judge Kirsch and urge a speedy 
confirmation, along with Mr. Farbiarz's, for the State of New 
Jersey.
    Chair Durbin. Senator Menendez, thanks for those words of 
encouragement. And, of course, we understand your busy 
schedule. So, if you have to leave, that is accepted. Senator 
Young, the same. Thank you both for being here today. We 
appreciate it.
    Senator Menendez. Thank you.
    Chair Durbin. I turn to Senator Booker.

 OPENING STATEMENT OF HON. CORY A. BOOKER, A U.S. SENATOR FROM 
THE STATE OF NEW JERSEY, INTRODUCING MICHAEL FARBIARZ, NOMINEE 
  TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW 
                             JERSEY

    Senator Booker. Thank you very much, Mr. Chairman. I don't 
know, this is a special day before this august Committee that 
we have two candidates from New Jersey before it. These are not 
just any two candidates. They are better than any Broadway hit. 
They are, in the judicial sense, the great Jersey Boys.
    [Laughter.]
    Senator Booker. And in fact, like the two patron saints of 
New Jersey, in the entertainment world of the judicial world, 
this is the Bruce Springsteen and Bon Jovi of the legal 
profession. And so, before I go into my more pointed 
introduction of Mr. Farbiarz, I wanted to just say that we are 
pleased that Robert Kirsch is here.
    He is extraordinary. He is talented. He has earned a 
reputation in our State to truly make him worthy of this honor. 
And I am already talking to the Governor about a renaming a New 
Jersey rest stop after him. But I do want to go into the great 
Michael Farbiarz. He is a man that is truly of our State.
    If you cut him, he bleeds Jersey. He is a man of 
extraordinary talent. His whole career has been marked by three 
things: service, service, service. His legal career has been 
defined by this ideal. He spent much of his time in our Federal 
courts, first as a district court clerk, then as an appellate 
clerk, then as a Federal prosecutor.
    Today, he is here with his family who are just incredible. 
In fact, the only person in which his prosecutorial talents has 
failed on has been his wife, who is here as well, and I am 
happy that she has joined. His colleagues praise him. I was 
blown away in our process to hear folks and the way they talked 
about him behind his back.
    I tried to elicit any negativity, but they continued to 
give him plaudits, like describing him as a public servant, a 
very strong moral character, unshakable integrity, with a 
legendary work ethic. In his role in the Southern District of 
New York as an Assistant U.S. Attorney, he oversaw over 100 
investigations, 7 cases which were essential to our country's 
national security and brought terrorists responsible for 
hundreds of deaths to justice.
    Later, as the co-chief of the Terrorism and International 
Narcotics Unit at the Southern District of New York, he led 
more than 20 prosecutors who worked on cases that touched on 
everything from terrorism to counterintelligence operations to 
arms trafficking. His incredible work earned him recognition by 
the DOJ, which had awarded him the Attorney General's 
Exceptional Service Award, the single highest annual award from 
the entire agency.
    There is just no question that he possesses the legal 
acumen, the brilliance, and we hope to have him as a Federal 
Judge in New Jersey. But what also speaks on his behalf are the 
incredible letters that we had in support of his nomination.
    One I want to highlight from a lawyer named Mark DeMarco. 
Fourteen years ago, Mark and Mr. Farbiarz were adversaries, but 
Mark described our nominee as, I quote, ``the most decent and 
ethical prosecutor against whom he practiced in the more than 
30 years he has spent.''
    He said that our candidate, quote, ``possesses an innate 
sense of fairness and civility and has governed his 
relationship with his allies and adversaries equally.'' Now, it 
is no secret that I care deeply about the criminal justice 
system, as my colleagues and I have worked together to do a lot 
of important things.
    We have shown this commitment to fair and equitable justice 
in a bipartisan fashion. And as I have gotten to know this 
nominee, I have seen him display the attributes that I believe 
we must have as a Federal judge, who will have people from all 
sides and backgrounds appear before him. He is someone that can 
dispense justice in the highest traditions of our country. His 
experience will make him a judge committed to the rule of law, 
to the protection of our Nation, but to being fair and 
impartial as well.
    I want to congratulate this extraordinary New Jersian. I 
want to congratulate his family. And I want to thank the 
Committee for their time in giving me for this introduction.
    Chair Durbin. Thanks, Senator Booker. And perhaps you can 
counsel me because I face the toughest political choice of my 
career.
    I have before me the peerless Leader of the Democratic 
Majority in the United States Senate, my friend of many years, 
and the man we look to for real leadership, to introduce Ms. 
Merchant as a judicial candidate.
    And then we have the President Pro Tem of the United States 
Senate, the first woman to hold that position in constitutional 
line for the Presidency. Which would you choose?
    Senator Booker. Sir, as my wise counsel, Chuck Schumer, is 
known throughout the land, first and foremost for his humility 
and deference----
    [Laughter.]
    Senator Booker [continuing]. And his humble, soft-spoken 
nature, and as a man who ran for an office titled President and 
lost, I always say, we defer to the President.
    Senator Schumer. I surrender.
    Chair Durbin. Senator Murray.

 STATEMENT OF HON. PATTY MURRAY, A U.S. SENATOR FROM THE STATE 
OF WASHINGTON, INTRODUCING HON. CHAR-NELLE BJELKENGREN, NOMINEE 
TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF 
                           WASHINGTON

    Senator Murray. Thank you so much. I really appreciate 
that. And thank you, Mr. Chairman, Ranking Member, Members of 
this Committee. It is really my privilege to introduce Judge 
Charnelle Bjelkengren, President Biden's nominee to serve as 
United States District Judge for the Eastern District of 
Washington, who I was so glad to recommend.
    And I am also pleased to welcome with her, her mother, 
LaVonne, her sister, Carissa, and her aunt, Brenda, who are 
with us today. I know you are all very proud. All of you should 
be.
    Charnelle is an exceptional nominee, and I am confident she 
will serve the people of Washington State with distinction, 
because that is exactly what she has done throughout her entire 
career, from her work as Assistant Attorney General in 
Washington State, to her time as an Administrative Law Judge 
for the Washington State Office of Administrative Hearings, to 
her appointment to the Spokane County Superior Court in 2019.
    Judge Bjelkengren has over two decades of experience 
serving the people of Washington State, working thoughtfully 
through tough legal questions that affect their daily lives, 
and ensuring that we have a justice system that treats people 
fairly and works for everyone, not just the powerful and well 
connected.
    And I, like many of you on both sides of this aisle, 
believe the American people deserve a judiciary that reflects 
the diversity of this country. Judge Bjelkengren would be the 
first Black Federal judge to serve in the Eastern District of 
Washington State, and that matters.
    I was proud to recommend Judge Bjelkengren to President 
Biden at the suggestion of my nonpartisan judicial merit 
selection panel, who were equally impressed by her temperament, 
her sound judgment, and impressive resume.
    I am proud to be introducing her to this Committee today, 
and I look forward to having her experience and values and her 
perspective on our Federal bench. Thank you very much, Mr. 
Chairman.
    Chair Durbin. Thank you, Senator Murray. Senator Schumer.

 STATEMENT OF HON. CHARLES E. SCHUMER, A U.S. SENATOR FROM THE 
 STATE OF NEW YORK, INTRODUCING ORELIA ELETA MERCHANT, NOMINEE 
TO BE UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF 
                            NEW YORK

    Senator Schumer. Those remarks were well worth waiting for. 
Thank you. Thank you, Chairman Durbin, Ranking Member Graham, 
Members of the Committee for the opportunity to come before you 
and introduce a truly extraordinary nominee to the Federal 
bench, Ms. Orelia Merchant, who is nominated to replace the 
great Judge William ``Bill'' Kuntz on the Eastern District of 
New York, from my home borough of Brooklyn.
    And before I begin, I want to take a moment to recognize 
Ms. Merchant's great family who made the trip to Washington and 
is seated here up front. Her husband, Karim Camara, who I know 
well, is a former New York State Assemblyman, and pastor at 
Abundant Life Church in Brooklyn.
    They are joined by their two children, Karim and Celia. And 
I just want to note, one of my fondest memories--as you know, 
Mr. Chairman, I ride my bicycle through New York and Brooklyn 
on Saturdays----
    Chair Durbin. I witnessed this.
    Senator Schumer. Yes. It is a sight to behold.
    [Laughter.]
    Senator Schumer. I am not a spandex guy. I don't go at 40 
miles an hour. I stop and look around and talk to people. And I 
was riding down a street in Bed-Stuy, and there I saw Karim and 
his family sitting on the stoop and having a great time. And I 
stopped and we spent about an hour talking and having a great 
time. So, that is a fond memory that we had. Stoop mean steps, 
Mr. Kennedy.
    [Laughter.]
    Senator Schumer. I also hear that Orelia's 93-year-old dad 
is watching online right now from California. He must be so 
proud, so proud of you, and hello back there in California. My 
dad passed away, as you know, a little more than a year ago. He 
was just always with me and one of my great supporters.
    And even when our loved ones can't join us in person, they 
are always there in spirit. So, I am glad he is here, too. It 
is an exciting day for the whole family. Now, I am confident 
that by the end of the hearing, and maybe even by the end of my 
introduction, you will learn that Ms. Merchant has the makings 
of an outstanding jurist and will be a strong addition to the 
Eastern District, one of the most diverse districts in the 
Nation.
    Confirming Ms. Merchant would not only add another 
brilliant legal mind to the bench, it would help ensure that 
the bench of the Eastern District better reflects the diversity 
of the people it serves. Ms. Merchant was born in the Bronx.
    Her father, a first generation Jamaican American, is a 
veteran and hospital administrator, while her mother is a 
graduate of a segregated high school in Louisiana but overcame 
injustice and served in the Peace Corps and is a New York 
public school teacher.
    So, public service isn't just Ms. Merchant's career, it is 
her family's very calling. A graduate of Dillard, a prestigious 
Historically Black University in Louisiana, and William and 
Mary, and the Tulane Law School, Ms. Merchant could have gone 
the route of corporate law, private practice.
    Instead, she has dedicated herself entirely to serving her 
community and making sure the law applies equally to all 
people. After law school, she worked with the EPA in Chicago to 
prosecute unscrupulous polluters.
    As an Assistant U.S. Attorney in the Eastern District of 
Louisiana, she stood up against workplace discrimination. And 
at the Eastern District of New York, she was recognized for her 
valiant efforts, fighting for families who were devastated by 
Hurricane Sandy, making sure over 1,000 homeowners got the help 
they were entitled to under the law.
    Now, she works within the New York Attorney General's 
Office, overseeing an operation that handles 8,000 active cases 
and 500 employees. In short, our courts need more people like 
Orelia Merchant. We need more people with her talent, her 
experience, her fervent commitment to the public good.
    And don't take my word for it. Her former colleagues 
describe her as calm, gifted with sound judgment, and affirm 
that she has an excellent temperament to be a judge. So, again, 
I say, she would be an outstanding addition to the Eastern 
District.
    Last Congress, I was proud to work with you, Mr. Chairman, 
and the Members of this Committee to confirm a historic number 
of highly qualified, diverse judges to the Federal bench. And 
it wasn't just record setting in quantity.
    We confirmed more people of color, more women, more 
nominees from unique backgrounds than under any other 
administration. This representation matters enormously. It is 
how we bring balance and impartiality back to our courts.
    A diverse court is essential, essential for Americans' 
trust in an impartial judiciary and vital for the help of our 
democratic institutions. So you can be sure that confirming 
more highly qualified, diverse nominees like Orelia Merchant 
will be a top priority of mine, and I know the Committee's, in 
the 118th Congress.
    I want to thank Ms. Merchant and her family for being here 
today and congratulate her on her nomination. And thank my 
colleagues on the Committee for letting me speak.
    Chair Durbin. Thank you, Senator Schumer and Senator 
Murray, both of you, for being here today. I am sure your 
introduction will mean an awful lot to the nominees and to this 
Committee.
    We now are going to transition into the nominees coming 
forward and taking their place at the table. It just takes a 
minute or two to rearrange a few things. So if you will relax, 
ponder your future, it will soon arrive.
    Senator Whitehouse. Mr. Chairman.
    Chair Durbin. Senator Whitehouse.
    Senator Whitehouse. While we are pondering our future and 
waiting for the panel to be assembled, let me just say a word 
of welcome to our new Ranking Member. I think that you, as 
Chairman, have very good fortune to have Senator Graham in the 
seat beside you, and I look forward to a lot of very good work 
being done out of this Committee.
    I think the chances for significant bipartisan 
accomplishments are very, very real here, and I look forward to 
supporting you both in those endeavors. So to my friend Lindsey 
Graham, thank you, and to you, bravo and congratulations.
    Chair Durbin. When I tell my family back home in 
Springfield that I am a friend of Lindsey Graham, they can't 
believe it, but it's true. And it has been a good working 
relationship and I am sure it will continue to be.
    Senator Graham. I just remain silent, you know----
    [Laughter.]
    Chair Durbin. I would ask the nominees please come forward 
and take their positions at the table. Remain standing for just 
a moment. If you all please raise your right hand. Do you 
affirm the testimony you are about to give before the Committee 
will be the truth, the whole truth, and nothing but the truth, 
so help you God?
    Judge Bjelkengren. I do.
    Judge Brookman. I do.
    Mr. Farbiarz. I do.
    Judge Kirsch. I do.
    Ms. Merchant. I do.
    Chair Durbin. Let the record reflect that all the nominees 
have answered in the affirmative and let us proceed. Please 
have a seat. The first is, Judge, I am going to try to get this 
right, Bjelkengren? Is that close? Please proceed.

 STATEMENT OF HON. CHARNELLE BJELKENGREN, NOMINEE TO SERVE AS 
   UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF 
                           WASHINGTON

    Judge Bjelkengren. Good morning. Thank you, Chairman Durbin 
and Ranking Member Graham for holding this hearing. Thank you 
to all the Members of this Committee for considering my 
nomination. I would like to offer a special thanks to my home 
State Senators, Senator Cantwell and Senator Murray.
    Senator Murray, thank you so much for your kind and 
generous words this morning. Thank you to Washington State's 
Nonpartisan Judicial Selection Committee for recommending me 
for this nomination.
    Today, I am joined by my family, my sister, Carissa 
Lockhart, my aunt, Brenda Steen, and my mother, LaVonne Pona.
    My mother celebrated her 70th birthday yesterday. Thank you 
for your love and support throughout my life. Thank you to my 
mom for instilling in me the values of hard work, humility, and 
a deep faith in God.
    My daughter, Eliana Bjelkengren is not here today. She is 
in her first year of college and attending classes this week. 
She is viewing by--remotely, hopefully. Eliana is my biggest 
cheerleader and greatest source of inspiration.
    My father, Mel Lockhart, passed away 11 years ago. If he 
were here, he would be beaming with pride. To me, my father is 
the epitome of a public servant. My father served in the United 
States Marines, and he was the only one from his basic training 
class to make it through the Vietnam War. He then went on to 
serve the State of Minnesota as a State trooper, and he then 
served his local community as a school board member. I am so 
thankful for his pattern of service to his community, his 
State, and his Nation.
    I would also like to thank so many friends, family, 
mentors, past and present, colleagues, and my Superior Court 
family in Washington State Superior Court. There are just too 
many to name. Thank you for your generous guidance, support, 
and encouragement throughout my entire life and career. I 
welcome your questions.
    Chair Durbin. Thank you, Judge. Judge Brookman is next.

  STATEMENT OF HON. MATTHEW P. BROOKMAN, NOMINEE TO SERVE AS 
   UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF 
                            INDIANA

    Judge Brookman. Chairman Durbin, Ranking Member Graham, 
Members of the Committee, thank you for the opportunity to 
appear before you today. I would like to thank President Biden 
for my nomination.
    And also thank my home State Senators, Senator Young and 
Senator Braun, for their support throughout this process, 
especially thank Senator Young for the kind words of 
introduction today.
    Family has always been very important to me, and I am 
pleased and happy to have my family here with me today.
    First, my wife, Michelle Brookman, who is seated here 
behind me. Michelle and I have been married for 28 years. We 
have been partners through thick and thin. She is a constant 
source of strength, comfort, and encouragement, and I truly 
don't know where I would be without her.
    Michelle and I are very proud of our kids, and they are 
here with us today, too, starting with my daughter, Katie 
Brookman. Katie is a high school science teacher back in 
Bloomington, Indiana, and does a wonderful job with that. Our 
son, Adam, who is a senior at Wabash College in Crawfordsville, 
Indiana, and who will be attending Indiana University McKinney 
School of Law in the fall beginning there. And then last, but 
certainly not least, our son, Andrew, who is an eighth grader 
at Castle North Middle School, who is an excellent student, a 
soccer player, and a recently budding electric guitar musician. 
So, I thank them for being here with me.
    My mom could not be here today, but she is watching, I 
think. And my dad passed away several years ago. But my parents 
taught my brothers and I many important lessons, chiefly that 
anything worth doing was worth doing right, and that anything 
was possible if you put your mind to it, and I am grateful for 
that foundation that they laid for me.
    Last, I would like to thank and recognize my core family 
back in the Southern District of Indiana. I have had the 
privilege of being a magistrate judge in the trial court there 
for the past 6 years.
    I have had the opportunity to learn from some wonderful 
mentors, role models, colleagues, both at the district court 
level and the magistrate judge colleagues, and being supported 
by a great court family. I am grateful for that. And if I am 
confirmed, I would look forward to continuing that service. 
Thank you all for your time.
    Chair Durbin. Thank you very much, Judge. Mr. Farbiarz.

   STATEMENT OF MICHAEL FARBIARZ, NOMINEE TO SERVE AS UNITED 
      STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY

    Mr. Farbiarz. Thank you, Chairman, and thank you for 
convening this Committee today, along with the Ranking Member 
and to all the Members of the Committee.
    First, I would like to thank the President for the honor of 
this nomination. It is deeply humbling, and I am grateful. And 
thank you, Senator Booker, for that warm and wonderful 
introduction and for your support throughout this process.
    And thanks as well to Senator Menendez for his kind and 
generous remarks and his support as well. I began my legal 
career as a law clerk to two terrific, absolutely extraordinary 
Federal judges, Judge Michael Mukasey and Judge Jose Cabranes.
    And in the years since then, I have been blessed to serve 
with wonderful and devoted colleagues and adversaries, to work 
for supervisors who were demanding and rigorous and also kind, 
to make mentors and to make great friends along the way.
    I have been privileged to serve in times of crisis under 
great leaders from United States Attorneys to the Chairman of 
the Port Authority of New York and New Jersey, and I have been 
privileged to see from a front-row seat that the law is an 
honorable profession, and the public service is its highest 
calling.
    I want to thank each and every member of my work family, 
and I want to thank my friends, as well, in New Jersey and New 
York and everywhere. I cherish each of them. I want to thank, 
as well, my family: my father-in-law and mother-in-law, my 
brother-in-law and sister-in-law, my sister and her husband, my 
brother and his wife, my nephews and nieces and cousins and 
aunt and uncle and many, many others.
    And I would like to introduce for a moment the members of 
my family who are with me here today. First is my son, Gabriel, 
who is 12 and in seventh grade, my daughter, Alanna, who is 15 
and a sophomore in high school. Our daughter, Sara, is a 
freshman in college--classes just started up again and she is 
not with us. And my wife, Meghan, who is my college sweetheart. 
We have been together since I was 18.
    My family is the great source of meaning and joy in my 
life, and I feel lucky, and I feel happy to share life's 
journey with the Farbiarzes and Louises and Laskys that I have 
mentioned. I love them all very deeply.
    I want to introduce two other people, my parents. My father 
is Baruc Farbiarz. He was born in 1946, just after the war, in 
Germany, in a displaced persons camp. He came to America just 
shy of his 13th birthday. And here he met my mother, who was 
then Elsa Arditti. Her parents had come to the United States as 
adults from what was the Ottoman Empire.
    America has been a blessing for my family. I have spent 
virtually my entire career in service to our country and our 
community, and I am honored, and I am humbled by the 
possibility of continuing that service as a United States 
District Judge. Thank you.
    Chair Durbin. Thank you, Mr. Farbiarz. Judge Kirsch.

  STATEMENT OF HON. ROBERT KIRSCH, NOMINEE TO SERVE AS UNITED 
      STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW JERSEY

    Judge Kirsch. Thank you, Chairman Durbin. Thank you, 
Ranking Member Graham. Members of the Committee, it is a great 
honor to appear before you today. I want to thank President 
Biden for this nomination, especially to a court that I hold in 
such high regard, having appeared before it for so many years.
    I want to thank Senator Menendez for his unfailing support 
and his kind words today, and, of course, to Senator Booker, as 
well, for his continued support.
    I have a host of people here today, from near and far, but 
due to the time constraints, I cannot introduce them all 
individually. So I will do so in categories until I get to my 
mom, who deserves proper billing. I have got nieces and nephews 
here. I have got cousins. I have got childhood friends. My 
oldest friend, since I am four, is here. I have got friends 
from elementary school that are here. From college. My brother 
and my sister. My brother, Michael, is an accomplished 
physician at the Cleveland Clinic. Flew in for today. My 
sister, who successfully raised three boys into men from New 
Jersey, she is here. One of my law clerks from the dozen or so 
law clerks that I have been privileged to serve is here. My 
second son, Deandre, is here. And now my mom.
    My mom is and has always been my greatest champion. My 
whole life, every time I walk into a room, her face lights up. 
To this day, there is no greater gift that a parent can give to 
a child than that. And frankly, that is all a kid really needs. 
My mom gave up her career teaching to take care of the three of 
us and raise us because our father was basically working all 
the time.
    My dad was a lawyer for almost 50 years. His law practice 
was where he was born and raised in the great City of Newark, 
the city he loved. Almost to the day, he died 19 years ago. If 
he were here, he would be beaming.
    My kids, my two college kids are here off their college 
campuses. My son, Jackson, is a senior at the great Wake Forest 
University in North Carolina. My daughter, Ned, who is named 
after my father, whose name was Ned, is a freshman at the great 
university of the University of Virginia. They are the light of 
our lives. We love them beyond the beyond.
    My wife is here. I met her when she was 18, a freshman at 
Emory University. I was 19. I was instantly smitten. I still 
am. She is the rock, the glue, the heart and soul of our 
family. She is everybody's favorite, including, truth be told, 
my mother.
    My entire career has been in public service for two 
reasons. One, I have loved every job I have ever had. And two, 
in some small way, on behalf of my grandparents who came here 
with nothing, I have tried to repay the debt to this 
magnificent country, to live up to the promise of America, its 
freedoms, its ideals, and its opportunities. It has been a 
great privilege to be here before you. I welcome your 
questions.
    Chair Durbin. Thank you, Judge. Ms. Merchant.

STATEMENT OF ORELIA ELETA MERCHANT, NOMINEE TO SERVE AS UNITED 
   STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF NEW YORK

    Ms. Merchant. Good morning. Good morning, Senator Durbin, 
Ranking Member Graham, and Committee Members. Thank you for 
holding this hearing today. Thank you to Senator Schumer for 
his gracious remarks and for his recommendation, and to Senator 
Gillibrand for her support.
    I would like to thank President Biden for my nomination. It 
is such an honor and a privilege. I am deeply humbled.
    I would like to recognize some family members that are here 
with me today, my brothers and their families. My brother, 
Roland Samuel Merchant, Jr., is here today. His wife, Jennifer 
Anderson Merchant, and my nephew, Brendon, are watching from 
afar. My brother, Dr. Hughie Merchant, and his husband Steve 
Arteaga, and their twin children, Eliana and Gabriel, who just 
landed this morning from California, are here with me today. My 
brothers are my first friends and my fiercest supporters.
    I would also like to acknowledge my parents. My mom, Audrey 
Bartley Merchant, who sadly just passed a few months ago, but 
her spirit is very much alive. After attending college, my mom 
served in the Peace Corps and Volunteers in Service to America. 
When I was a child, my mom taught in public schools. She was 
also my first and best teacher. The very best of me is a 
reflection of her.
    And to my 93-year-old dad who is watching remotely from 
California, he is a proud first gen--first American generation-
born Jamaican and Antiguan. At a young age when his father 
died, he took responsibility for supporting his family. He 
served in the United States Army. He went on to college and 
graduate schools. He was a provider and a nurturer for his 
family. He sacrificed so much to move us all forward.
    My parents challenged me to enlarge my life to a purpose 
greater than myself. Together, they modeled and instilled in me 
the value of education, family, service, and a strong work 
ethic. All that I am, and ever hope to be, I owe to them.
    I also have with me my husband, Karim Camara. I am grateful 
for his love, the wonderful life, and the family we have 
created. And to our children, Karim, who is 15, a sophomore in 
high school, my daughter, Celia, 13, in eighth grade, I love 
them both dearly. I am so very proud to be their mom. Daily, 
they inspire me, and they ground me. They remind me each day is 
an opportunity to be better and to do better, and I give my 
best every day because I know that they are watching.
    I also have with me my mom's sister, my maternal aunt, 
Gloria Bartley Moultrie. I have two dear friends that are with 
me, my sister friends, one from childhood, Elena Francisco, and 
one from college, Colette Chatters Branch.
    Finally, I have a host of extended family members, dear 
friends, classmates, current colleagues, former colleagues who 
have supported and encouraged me along my journey. They were 
not able to be here in person. They are watching from afar, and 
I thank them.
    Senators, I thank you so much for considering my nomination 
and the opportunity to appear before you today. I look forward 
to your questions. Thank you.
    Chair Durbin. Thank you very much, Ms. Merchant.
    Five minutes has been allotted to each of the Senators on 
the panel here to ask questions of the nominees. And as you 
could tell from the introductions, that is not nearly enough 
time to even ask questions of one nominee, let alone five.
    But thank you all for stepping forward today and offering 
yourselves for this position. I believe the Nation will be well 
served by each of you. I would just say, Judge Kirsch, that the 
comment that was made by Senator Menendez about your support of 
the gentleman you described as your other son, Deandre, really 
is inspiring, and I thank you for showing us that side of your 
character.
    Of those nominees at the table, there is one that has a 
very unique background that has not been addressed and I would 
like to, for a moment. Mr. Farbiarz, you--I am sure I have 
butchered your name three or four different times. But you 
mentioned that your parents were refugees to this country?
    Mr. Farbiarz. Senator, my father was born in a displaced 
persons camp in Germany just after the war.
    Chair Durbin. I think your microphone may not be on.
    Mr. Farbiarz. I am sorry, Senator. My father was born in a 
displaced persons camp in Germany after the war. He lived there 
for 2 years, and then he moved to the young state of Israel. He 
lived there until he was just shy of his 13th birthday, and 
then he came to the United States.
    And it was here in the United States that he met my mother. 
My mother's family had come here as adults from what had been 
the Ottoman Empire. My wife and I are college sweethearts, as I 
mentioned. My parents are high school sweethearts. That is when 
they met, and that is our family's story.
    Chair Durbin. Which I think is an interesting introduction 
to what you have done with your life. I can't help but note the 
counterintelligence and counterterrorism cases you helped 
investigate and prosecute.
    First, Operation Ghost Stories. In 2010, the FBI arrested 
10 Russian sleeper agents in the United States who had been 
planted here. The Russian foreign military service, foreign 
intelligence service was responsible, and they were here to 
infiltrate our Government. Not only were you the lead 
prosecutor in this case, before their arrest, you were the 
Assistant U.S. Attorney overseeing their investigation. As an 
Assistant U.S. Attorney, you also supported the investigation 
and prosecution of Abduwali Muse, a Somali pirate who hijacked 
the MV Maersk Alabama by kidnaping and ransoming the crew.
    Additionally, you were the lead prosecutor in the case 
against Ahmed Ghailani, an al-Qaeda member who helped 
orchestrate the 1998 truck bombings at the U.S. Embassy in 
Nairobi and Dar es Salaam, Tanzania, that killed 224 and 
injured thousands.
    I am afraid to think of what I might ask you here that 
would do justice to your service to our country, but could you 
please comment on the lessons learned from your experiences 
with these cases?
    Mr. Farbiarz. Well, what I would say, Senator, is that each 
of those cases are very different, one from the next. But in 
those cases, and in all cases I prosecuted, I hope I brought to 
them the same approach, which is the approach described by the 
Supreme Court in 1935 with respect to the special obligations 
of Federal prosecutors.
    That is, to seek justice and not victory, to pursue the 
guilty but to protect the innocent at the same time, and to see 
one's self not as using the law, but so much as a servant of 
the law. I think that sensibility held me in good stead 
throughout all of those different kinds of cases.
    Chair Durbin. I would just say, and I will close here and 
turn over to my colleagues, I can still remember my early 
practice before the Federal courts of Springfield, Illinois, 
and the number of judges that I faced in those courtrooms.
    And I have a mind's eye picture of each one of them and an 
opinion of each one of them as judges, and more importantly as 
people. I hope that you understand that this lifetime 
appointment gives you an opportunity to serve our Nation, but 
also to serve the people who come before you.
    And I would ask for something that can be asked of me as 
well, and that is humility in your effort and understanding 
that you respect the people who come in your courtroom, should 
that day occur, and I think it will. Thank you all for being 
here, and I turn it over now to Senator Graham.
    Senator Graham. Thank you. I want to add my congratulations 
to you and your families. I would sit here, listened to your 
life stories. Very impressive. Very reassuring, to be honest 
with you. And I think you sort of represent the best of the 
American experience. You seem to all be highly qualified, and 
unless you screw up, you are going to make it. So, in that 
regard, how do you say your name, sir, Michael?
    Mr. Farbiarz. Michael Farbiarz.
    Senator Graham. Yes, I got the Michael part, okay.
    [Laughter.]
    Senator Graham. So, along the line of terrorism, you know, 
it is kind of a different crime, still a crime, I guess. How 
would you--based on your experience, do the terrorists still 
want to kill us all?
    Mr. Farbiarz. Senator, I don't have a broad, systematic 
answer to that question. I have continued to follow national 
security----
    Senator Graham. Well, the ones you have met, did they want 
to kill us all?
    Mr. Farbiarz. Senator, the ones I met were deeply motivated 
ideologically. People I met----
    Senator Graham. To do what?
    Mr. Farbiarz. To kill Americans.
    Senator Graham. Okay. So, do you believe that anything has 
changed since 2014? That the terrorist organizations that you 
are familiar with, were their primary desires is to attack 
America? Do you believe that still to be the case?
    Mr. Farbiarz. Senator, I do believe that still is the case.
    Senator Graham. So we need to keep our guard up, right?
    Mr. Farbiarz. I agree with that, Senator.
    Senator Graham. Okay. Narcotics. Was there an intersection 
between international drug trafficking and terrorism?
    Mr. Farbiarz. Senator, I believe there was. During the 
years I worked as a prosecutor, I saw that firsthand.
    Senator Graham. Yes. So, like, do you ever see any cases of 
drug cartels, say, in Mexico working with terrorists?
    Mr. Farbiarz. I did, Senator. And I can give you an 
example. During the time I was an Assistant United States 
Attorney, one of the cases I worked very intensely on and that 
I oversaw was a plot by the IRGC in Iran to recruit a member of 
a drug cartel to kill the Saudi Ambassador to the United 
States.
    It was an urgent and important case, and it was a case that 
resulted in the conviction. But I think it exemplifies, 
Senator, what you are speaking about, which is that nexus 
between narcotics sometimes and terrorist practices sometimes.
    Senator Graham. And in your experience in this area, 
ungoverned spaces is sort of a great deal for terrorist and 
narcotic organizations, right? When there is no law and order?
    Mr. Farbiarz. Senator, that was my experience. In addition 
to prosecuting terrorists, there was also prosecutions that I 
oversaw of narcotics traffickers from Afghanistan, from 
Colombia, who operated as warlords, who controlled territories, 
who controlled men and weapons, and were very dangerous.
    Senator Graham. Do you think there is the equivalent of 
warlords in Mexico?
    Mr. Farbiarz. Senator, I don't know that, sitting here 
today. During the time that I worked on prosecutions, there 
were men who controlled space in Mexico, including a person who 
goes by the name ``Chapo,'' who the unit I supervised indicted.
    Senator Graham. Did you ever deal with any cases involving 
fentanyl?
    Mr. Farbiarz. Senator, I did not.
    Senator Graham. Are you familiar with the drug fentanyl?
    Mr. Farbiarz. I am, Senator.
    Senator Graham. Okay. Do you understand the deadly nature 
of it?
    Mr. Farbiarz. I do. In my current capacity, Senator, I am 
the general counsel of a large public agency, the Port 
Authority of New York and New Jersey. We have a police force of 
about 2,000 people, and one of our duties, one of the police's 
duties is to police the bus terminal in New York City.
    It is the busiest bus terminal in the United States, second 
busiest in the world. And I know firsthand from the work that 
they do how deadly fentanyl is.
    Senator Graham. Well, you seem to be very qualified. And 
all of you, to be honest with you.
    One last question, there is a trend in America to go to a 
district judge to enjoin a law, a Federal law. A single 
district court judge stopping a Federal law. Sometimes the left 
likes it, sometimes the right likes it. The Supreme Court is 
trying to get a handle on how to do that. How do you view, very 
quickly each of you, issuing a national injunction as a 
district court judge?
    Judge Bjelkengren. Thank you, Senator. For a national 
injunction, I would refer to Civil Rule 65. And there is a 
standard that I would follow from that.
    Senator Graham. Would you be reluctant to do it?
    Judge Bjelkengren. For--I would have to look at the 
specific facts of the case.
    Senator Graham. Okay. Does that pretty well sum it up for 
the rest of you?
    Judge Kirsch. Senator, I suspect we are going to get some 
guidance shortly from the Supreme Court.
    Senator Graham. Well, my advice for whatever it is worth 
and not much, is be reluctant to do it. I know there are a lot 
of people on the right like it when we win. A lot of people on 
the left like it. But it is just, to me, it seems an abuse of 
the process. Thanks so much.
    Chair Durbin. Thanks, Senator Graham. I might say that in 
order of arrival, we will recognize Senator Booker, Senator 
Kennedy, Senator Whitehouse, and Senator Hawley. Senator 
Booker.
    Senator Booker. Thank you very much, Mr. Chairman. I want 
to congratulate all the nominees before us. You are an 
extraordinary array of Americans who show a deep level of 
patriotism that should be humbling to all of us that are 
gathered here. And this is a remarkable day.
    This is not a routine hearing. It is really one that 
affirms our commitment to the judiciary. I got a chance to sit 
and go see Ketanji Brown Jackson get sworn in, and one of my 
favorite moments, as a Senator, was when the President of the 
United States walked into the Supreme Court chamber last and 
nobody moved, nobody stood up, because we are a Nation that 
believes that everyone is equal before the judiciary.
    And so, it is very meaningful to me that all five of you 
are here, but if you allow me a point of just personal 
observation to the two African-American women that are before 
me. James Baldwin wrote that, in essence, this destructive 
delusion that race is--the damage it has done to our Nation.
    I have been on this Committee now just for a few 
Congresses, been a Senator for about 10 years, and this last 
Congress, since President Biden has been the President of the 
United States, has shown us more minority women coming before 
this body than ever before in history.
    And far more African-American women have been placed in the 
circuit court than every other President combined. And as I 
look at these two extraordinary women before me, I can't help 
but think about my mom. I actually called her to regale her 
about the two Jersey boys here. But we got to talking about the 
diversity on the bench.
    My mom was like, I am sure the two of you, often found 
herself to be the only Black woman in many rooms. As a 
trailblazer herself, I grew up around a kitchen table listening 
to a Black woman come home as one of IBM's earliest Black women 
executives and tell her stories. And some of them were very 
painful and very hard.
    I just want you all to know, very personally, how good it 
is to see you two sitting where you are sitting in a Nation 
that has a Senate with no Black women, in a Nation that has 
never seen a Black female governor. To see the diversity now 
happening on our Federal bench, I think, gives every American a 
reason to be proud.
    We have had qualified African-American women for 
generations, but this is the first time we have seen them now 
going on to our Federal bench at this number. And you two are 
indeed worthy of the positions you are nominated for and worthy 
of note and celebration, so thank you.
    Mr. Farbiarz, I just want you to say--as this boy grew up 
in a Black church, you give me great naches, and I want to say 
baruch Hashem. Your story is incredible. And it has just been 
an honor to get to know you over this process, and I cannot 
tell you what it means to see your family here.
    Mr. Kirsch, I have been very moved by your story as well 
and your career, and I think I would like to have my one 
question for this panel, with no disrespect to Mr. Brookman, 
who is extraordinary in his own right. I just want to just 
center on you. And I know your values and I know your 
commitment to serving as AUSA.
    You got very involved with the area of reentry. And it is 
not a job requirement. It is not something that was requested 
of you. You get no mark in your career. I just was hoping that 
maybe for my one question to this panel, would you maybe 
describe to me why it was important for you to get involved, so 
involved with the issue of reentry?
    Judge Kirsch. Thank you, Senator. So for 4 years, I served 
as the sole juvenile judge in Union County, a population of 
550,000 people. During those 4 years, I handled 4,400 juvenile 
matters, from murder on down.
    This might be the most challenging, difficult assignment 
that a State court judge has to handle because you are really 
dealing with children, some children who do some very serious 
or commit rather serious offenses. But they are children in 
crisis who oftentimes lacked any semblance of a support system.
    And so, while I was presiding over these matters and 
visiting my kids in the juvenile detention center, it occurred 
to me that maybe more could be done to break this chain. And 
so, I initiated, created a juvenile reentry initiative.
    We took it statewide. We went to every juvenile detention 
center. The feedback was overwhelmingly positive. Maybe we 
moved the needle for a kid or two, and it is probably the 
proudest professional accomplishment of my career.
    Senator Booker. Thank you, yasher koach, and I wish you the 
best.
    Chair Durbin. Thank you, Senator Booker. Senator Kennedy.
    Senator Kennedy. Thank you, Mr. Chairman. And 
congratulations to all of you. Judge, on the far end, tell me 
what Article V of the Constitution does.
    Judge Bjelkengren. Article V is not coming to mind at the 
moment.
    Senator Kennedy. Okay, how about Article II?
    Judge Bjelkengren. Neither is Article II.
    Senator Kennedy. Okay. Do you know what purposivism is?
    Judge Bjelkengren. In my 12 years as an Assistant Attorney 
General and my 9 years serving as a judge, I was not faced with 
that precise question. We are the highest trial court in 
Washington State, so I am frequently faced with issues that I 
am not familiar with, and I thoroughly review the law, I 
research, and apply the law to the facts presented to me.
    Senator Kennedy. Well you are going to be faced with it as 
a--if you are confirmed. I can assure you of that. Mister--I 
can't really see from this angle. I apologize. Mr. Brookman, 
define ``originalism'' for me.
    Judge Brookman. Thank you, Senator, for that question. My 
understanding of originalism----
    Chair Durbin. Turn your microphone on.
    Judge Brookman. Thank you, Senator, for that question. My 
understanding of originalism is the notion that the 
Constitution has an enduring and a fixed nature, an enduring 
quality and a fixed nature to it.
    Senator Kennedy. What does that mean?
    Judge Brookman. It means that the words matter, and that 
the word that the--that the words that the Framers used to 
draft the Constitution matter, and that it has a fixed quality 
to it and has an enduring nature.
    Senator Kennedy. Well, how do you determine the fixed 
quality? Who determines what the words mean--perspective----
    Judge Brookman. Senator, in my time as a magistrate judge, 
I have not dealt with issues of constitutional interpretation, 
but my understanding is that you would begin with the language 
of the Constitution itself.
    Senator Kennedy. Yes, okay. I agree with that. All right. 
Anybody want to add, counselor, Ms. Merchant? I mean, here is 
what I am getting at. When you say originalism, the words mean 
what they mean from whose perspective?
    Ms. Merchant. Thank you for the question, Senator. Similar 
to my colleagues, I would look to the texts in terms of 
originalism. When you are asking--to the extent that you are 
asking what I would look to, if so fortunate to be confirmed as 
a judge, I would look to the precedent, first of the text----
    Senator Kennedy. Yes, ma'am, but I am trying to get you to 
define originalism for me. What is your understanding of it?
    Ms. Merchant. Yes, thank you, Senator. To clarify, my 
understanding of originalism is similar to that of my 
colleagues. And in looking at the texts and the meaning that 
was intended in that text, that is the spirit of it.
    Senator Kennedy. Intended by whom?
    Ms. Merchant. By the original writers of that text.
    Senator Kennedy. So to you, originalism, you try to 
interpret what the writers, the authors meant?
    Ms. Merchant. In analysis, a constitutional analysis, it 
would be the original wisdom of the text and the intent of 
those that drafted the Constitution.
    Senator Kennedy. I don't think that is accurate. Does 
anybody disagree with that? When the Supreme Court says it is 
following an originalist approach, and in a number of cases, 
all particularly dealing with Second Amendment, U.S. Supreme 
Court has said on this one, we are all originalists. I think it 
was Judge Sotomayor who said that--Justice Sotomayor.
    And on many areas, she is more of a--she is more of a pur-
posivist, but on that, she was an originalist. She didn't say, 
we look at--we are looking for the meaning that the Drafters 
intended. Was she? Anybody want to add to that?
    Mr. Farbiarz. Senator, I am happy to add to that. My 
understanding is that----
    Senator Kennedy. It is okay, let me just ask one more. I am 
about to run out of time. Judge on the far end, can you tell me 
what the independent State legislature theory is? Just, I am 
just asking you, not what your opinion of it. What is it? It's 
before the Supreme Court now.
    Judge Bjelkengren. In my 12 years as a Washington State 
Assistant Attorney General----
    Senator Kennedy. Right.
    Judge Bjelkengren [continuing]. That particular doctrine 
was not presented to me.
    Senator Kennedy. I am out of time. Thanks, Mr. Chairman.
    Chair Durbin. Senator Whitehouse.
    Senator Whitehouse. Well, lest the record of this Committee 
hearing confer any implication that we all agree that 
originalism is a legitimate judicial theory, let me offer the 
contrary view, and I would commend to all of you, as a piece of 
light reading, a Dean Chemerinsky's book, ``Worse Than 
Nothing,'' which I think does an effective job at debunking 
originalism.
    Another canard that turns up in this Committee all the time 
is the notion that you all need to come in bearing a judicial 
philosophy. Too often, in my experience, the notion of having a 
judicial philosophy is a mask for a series of doctrines that 
tend to benefit certain litigating interests.
    And I don't think you need much more to be a good judge 
than to know the Constitution, to understand what words mean, 
and to be able to honestly read statutes in light of their 
language and what the Constitution says. And if you bring honor 
and rigor to that inquiry, you will be just fine without having 
to know one damned thing about originalism.
    So, I want to just make sure that's clear in this room. We 
are not uniform in our view that originalism is something you 
need to adhere to. And in my view, I think it is actually a 
tainted doctrine that was cooked up and designed with the 
specific intention of favoring certain classes of litigants.
    So there, now you heard both sides. What I would like to 
ask you about is juries. You all, as district judges, are going 
to be managing juries. They are very obviously an important 
fact-finding appendage in your courtrooms.
    But for a very long time, people who have been very 
thoughtful about American Government and about judicial systems 
have seen juries as being actually much more important than 
that, that they are actually a part of our American system of 
Government, and that going out of your way to make sure that 
juries hear cases and that everything isn't driven away from 
juries and driven to settlement conferences and so forth, 
actually contributes to the civic health of our country.
    And the juries have a very specific role, all the way back 
to Blackstone, which is that they stand as a safeguard against 
the power and wealth of the most powerful and wealthy citizens. 
It is really hard to fix a jury. Messing around with a 
legislature happens all the time. Influence on Presidents, part 
of the standard operating principles of American influence-
making.
    But when you mess with a jury, particularly if you tamper 
with a jury, that is actually a crime. And you don't get to go 
back at them because they always turn over new juries, new 
juries, new juries, and it is all part of a design to make sure 
that no matter how wealthy and powerful and important you are, 
when you come before a jury, you stand equal with your accuser.
    So, I just want you to share any thoughts you may have 
about what kind of importance you will give the role of the 
jury in managing your courtrooms. And you have 1 minute for 
five people.
    [Laughter.]
    Judge Bjelkengren. Senator, it is a crucial aspect of our 
justice system, as provided by the Sixth and Seventh Amendments 
of the Constitution. I have had the honor of presiding over 
juries. I don't want to take all the time, but I am amazed to 
see 12 people come from professional--different professional 
backgrounds, economic backgrounds, parts of the district come 
together and truly listen to the evidence and apply the law 
from the court.
    Judge Brookman. And Senator, I will just add that almost my 
entire professional career has been in service of the American 
jury trial, as a trial attorney for 20 plus years, in criminal 
trials and civil trials, and then over the past 7 years as a 
Federal magistrate judge at the trial court level. I presided 
over seven jury trials in that job, as well. So I share your 
admiration and importance for the American jury trial.
    Judge Kirsch. Senator, over the last 13 years where I 
served as a trial court judge in New Jersey, I have presided 
over approximately 70 jury trials. It is inspirational to see 
folks come from every corner of the county, from different 
socioeconomic backgrounds, races, ethnicities, career options. 
And what I tell my juries is, they are collectively smarter and 
wiser than the sum of its parts.
    Senator Whitehouse. Ms. Merchant, Mr. Farbiarz, you are 
spared by the clock, but I look forward--if you have any 
different views, please let me know, and as a response to 
questions for the record.
    And Mr. Chairman, I raise this point because I see the 
United States Supreme Court is having a very persistent effort 
to degrade and diminish the role of the civil jury in our 
system, and I think it is very important that we see the price 
of that. Thank you.
    Chair Durbin. Thank you, Senator. Senator Blackburn.
    Senator Blackburn. Thank you, Mr. Chairman. And to each of 
you, congratulations. I love hearing your stories. And Ms. 
Bjelkengren, it is your mother that had a birthday yesterday?
    Judge Bjelkengren. Yes, her 70th birthday.
    Senator Blackburn. Well, happy birthday. The seventies are 
not a bad decade----
    [Laughter.]
    Senator Blackburn [continuing]. Enjoy. And, Mr. Kirsch, I 
would hate to have your check at lunch. I think--sounds like 
you have got about 50 people to go buy lunch for. And I 
thought, good gracious, that is going to be quite a bill. And 
so, I am delighted that they are here.
    But your stories are inspiring, and your backgrounds. It is 
so interesting to hear your backgrounds and a little bit about 
you, and I appreciate that you take the time to kind of lay 
that out for us.
    Ms. Merchant, let me ask you this. You have never been a 
judge.
    Ms. Merchant. I have not.
    Senator Blackburn. And I just wanted to ask you, when I had 
looked at your background, it appears that most of it is 
agencies and agency work. Talk to me a little bit about what 
you will take to the bench with you that would inform your 
work, what experiences.
    How are you going to kind of make that jump since you have 
not been a county judge or a State judge or have--you just 
don't have that experience? So lay that out.
    Ms. Merchant. Thank you for the question, Senator. I have 
served as an Assistant Attorney General, Chief Deputy Assistant 
Attorney General----
    Senator Blackburn. Right, yes----
    Ms. Merchant. And have also served as an Assistant United 
States Attorney. I have had over 20 years of Federal litigation 
experience. And I----
    Senator Blackburn. But no private sector experience, right?
    Ms. Merchant. During law school, I did clerk for law firms, 
both large and small, and boutique law firms. I clerked at 
Phelps Dunbar in Louisiana for two summers. I also clerked for 
a small boutique law firm----
    Senator Blackburn. Okay.
    Ms. Merchant [continuing]. And I also served as a----
    Senator Blackburn. But you have done no corporate----
    Ms. Merchant [continuing]. And also with ARCO, with 
Atlantic Richfield----
    Senator Blackburn. Okay.
    Ms. Merchant [continuing]. I was also there for a stint.
    Senator Blackburn. Thank you for that. I did not see that 
part in your--that was not in your bio. The Government-related 
experience was.
    So, I wanted to see where you were. I know that Senator 
Kennedy asked you about original public meaning and your 
understanding of that, and those are important to us. And, are 
you submitting and writing a response to that to him? If not, I 
would like it submitted to me in writing.
    Ms. Merchant. I am happy to do that. Thank you, Senator.
    Senator Blackburn. Perfect, that sounds great. Judge 
Bjelkengren, let me come to you. In 2020, you were on a panel, 
and you noted that you wished you, and I am quoting you, ``had 
known how significant criminal law is on the bench.''
    That is a pretty striking statement. And I am sure you know 
that criminal matters are a substantial part of a Federal 
district judge's docket, so that is going to be a big part of 
what is in front of you. And these matters really are sometimes 
high stakes, intense issues. And you have also had zero 
experience practicing in Federal court and you were not 
involved in a single criminal case during your time as a 
practicing attorney, from what we saw in your record.
    So, talk with me about that. How can we be confident that 
you are going to properly apply Federal criminal law and 
sentencing guidelines in a position as a Federal district 
judge?
    Judge Bjelkengren. Thank you for that question, Senator. I 
made those remarks to attorneys who are aspiring to be judges 
and emphasizing to them how helpful it is to have criminal 
experience.
    Prior to being a Superior Court judge, my criminal 
experience was limited. As a Superior Court judge, again, the 
highest trial court in Washington State, I presided over felony 
jury trials, and I have presided over hundreds of sentencing 
hearings. And so I know what it means to get up to speed on the 
law.
    Senator Blackburn. Okay. All right. Can you walk me through 
what current Supreme Court precedent says about the Second 
Amendment right?
    Judge Bjelkengren. Thank you for that question, Senator. In 
Heller, the Supreme Court did hold that there is an individual 
right to bear arms. And in McDonald, the Court applied that to 
the States through the Fourteenth Amendment. And then more 
recently in Bruen, that also applies not only to bearing arms 
in the home, but outside of the home, as well, in brief.
    Senator Blackburn. So you support an individual's right to 
bear arms, to own and bear arms?
    Judge Bjelkengren. I would faithfully apply the Supreme 
Court precedent to any case that came before me.
    Senator Blackburn. Okay, thank you. Thank you, Mr. 
Chairman.
    Chair Durbin. Thank you, Senator. Senator Hirono.
    Senator Hirono. Thank you, Mr. Chairman. I think that 
diversity in our courts is a very important factor. And we see, 
once again, a very diverse group of nominees. And I thank 
President Biden for that because experiencial background, 
racial diversity, I think, is very much needed on our courts.
    To ensure the fitness to serve of all of the nominees, I 
ask the following two initial questions of all nominees who 
come before any of the Committees on which I sit. So, I will 
start with asking these two questions of each of you, and we 
will just go right down the line, starting with Judge 
Bjelkengren.
    Since you became a legal adult, have you ever made unwanted 
requests for sexual favors or committed any verbal or physical 
harassment or assault of a sexual nature?
    Judge Bjelkengren. No, I have not.
    Judge Brookman. No, Senator, I have not.
    Mr. Farbiarz. No, Senator, I have not.
    Judge Kirsch. No, Senator.
    Ms. Merchant. No, Senator.
    Senator Hirono. Second question. Have you ever faced--
excuse me, discipline or entered into a settlement related to 
this kind of conduct?
    Judge Bjelkengren. No, I have not.
    Judge Brookman. No, I have not.
    Mr. Farbiarz. No, Senator.
    Judge Kirsch. No, Senator.
    Ms. Merchant. No, Senator.
    Senator Hirono. I would also like to note that the so-
called doctrine of originalism is certainly not anything that I 
would request of any of our judicial nominees. My assumption is 
that, and what I look for in our nominees is an ability to be 
fair and objective, and as district court judges, that you will 
apply the precedent of the Supreme Court.
    I will start with a question for Judge Kirsch. You have 
participated in several panels on prison reentry, and I think 
you focused on juveniles. I think that is a really important 
aspect of the criminal justice system that the reentry of our 
prisoners into our communities. And I understand that, as you 
noted, you also initiated a statewide juvenile reentry program.
    The Board of Prisons ran a halfway house which closed in 
2019 in Hawaii. And I have been trying to reopen this Federal 
halfway house to enable prisoners leaving our Federal prisons 
some ability to reenter in a more successful way.
    How important do you think it is for halfway houses to 
exist within our prison system?
    Judge Kirsch. Well, thank you--thank you for the question, 
Senator. I think halfway houses in any aspect to seg an 
individual from a custodial location and reintegrate them into 
society is critical and may be dispositive in terms of one's 
success. And obviously it is a policymaking decision on how to 
allocate resources.
    But in my experience, fronting money upfront might save an 
awful lot of recidivism down the road and help reintegrate 
folks back into their families and their communities to be 
productive individuals. So I think it is critically important.
    Senator Hirono. Do any of the other nominees have any 
experience or have any thoughts about the importance of a 
reentry program? Anybody else want to add to what the Judge 
just noted? Okay.
    For Mr. Farbiarz. Yes, like the Chairman, I know that you 
come from a background where your parents were immigrants and 
who truly came here with nothing. Can you just talk a little 
bit more about how much that experience really informed your 
life or career choices?
    Mr. Farbiarz. Senator, thank you for that question. I was 
privileged to grow up in a house where all four of my 
grandparents were alive and had grown up speaking different 
languages than English.
    I grew up in a household where my grandparents, there were 
four of them, three of them didn't know how to drive a car and 
one was a New York City taxi driver. It was a wonderful and 
exciting place to be a child.
    And what I would say is, I remember that, and I carry it 
with me. And I am not sure if I could itemize all the different 
ways it has influenced my life, but it is part of what has 
driven me to public service.
    Senator Hirono. I think that that kind of a life experience 
really informs you what you want to do with your life, and I 
certainly can relate to that because I grew up here with--
English is not my first language. So, I want to thank all of 
the panelists and nominees because I think you will all make 
very excellent judges. Congratulations to each of you. Aloha.
    Chair Durbin. In the nick of time, the Senator from Georgia 
has arrived. That is all you are going to get, is one moment.
    Senator Ossoff. Thank you for your patience and indulgence, 
Mr. Chairman, and congratulations. And Senator Booker, and 
those in the audience.
    Congratulations to all of you for these extraordinary 
nominations to lifetime appointments on the Federal bench. We 
would like to just briefly ask each of you the following 
question. We can begin with you, Judge Bjelkengren, and please 
move down the panel. Will you pledge to faithfully apply the 
law without bias, without regard for your personal policy or 
political preferences?
    Judge Bjelkengren. Yes, I will.
    Judge Brookman. I have, and I will.
    Mr. Farbiarz. Yes, Senator.
    Judge Kirsch. I have, and I will.
    Ms. Merchant. Yes, Senator, I will.
    Senator Ossoff. Thank you to you all. Judge Bjelkengren, I 
would like to discuss your approach, please, to cases involving 
the First Amendment. How will you approach cases that may come 
before you involving First Amendment issues?
    Judge Bjelkengren. Thank you for that question, Senator. I 
approach my cases by thoroughly researching the law. So there 
certainly are various precedents that apply specifically to the 
First Amendment. I thoroughly review the record before me. I 
impartially without any prejudgment--I apply that law to the 
facts before me and in that way decide each case. And I would 
do that with First Amendment cases, as well.
    Senator Ossoff. And why, in your view, Judge, are freedom 
of speech and publication, the free exercise of religion, 
petition and assembly so essential in our constitutional 
system, in our society?
    Judge Bjelkengren. It is--those are--the First Amendment 
are extremely crucial to our democracy. And there--again, there 
are a number of Supreme Court precedents that have addressed 
freedom of religion, freedom of speech, and I would faithfully 
apply those cases to the facts that came before me.
    Senator Ossoff. And Judge Bjelkengren, the Sixth Amendment 
right to counsel is vital. The precedent set in Gideon v. 
Wainwright, which affirms the right to counsel, is vital.
    Based upon your experience judging cases involving indigent 
defendants and those who lack the resources to hire their own 
counsel, why is the right to counsel so fundamental to the 
application and provision of equal justice in the United 
States?
    Judge Bjelkengren. I have had the experience, while I was 
an Assistant Attorney General, of litigating cases against pro 
se litigants. As a judge, I have had multiple cases with 
individuals who are unrepresented because they don't have the 
right to counsel. And it is very difficult for them to navigate 
the legal system. It is an overwhelming system. Legalese and 
the assistance of counsel is crucial. And so for criminal cases 
and any time that there is the right to counsel, certainly that 
assists an individual in receiving equal justice.
    Senator Ossoff. Thank you, Judge Bjelkengren. Thank you, 
Mr. Chairman. I yield back.
    Chair Durbin. Thank you very much. Since there are no other 
Members of the panel present to ask questions, I will just tell 
you that questions for the record may be sent by Members by 5 
p.m. on Wednesday, February 1st. The record will likewise 
remain open until that time to submit letters and materials. 
And I would ask you to, in a timely fashion, respond to those 
questions if they come your way.
    I would like to make one general observation, and that is 
that from my days of practicing law, I can recall that I 
learned a lot in law school, but I had to share that learning 
experience many times as a lawyer and judges as well. There are 
certain aspects of the law which you may have a general 
knowledge of, but a conscientious judge like a lawyer, will 
take the time to study and research the issues that they are 
going to face in the courtroom to make sure their information 
is timely and accurate in their own minds.
    And so this notion that your appearance is an instant bar 
exam with many questions to see just what you know as a lawyer, 
I think does not reflect on the reality of conscientious judge 
who will constantly try to learn more about the issues before 
them and the law that applies. I thank you all for being here.
    This experience, I hope, is one that you will have a 
positive feeling about. The Committee has had a remarkable 
record in the first 2 years, and we hope to continue that. 
Having said that, there will be many judicial nominees before 
the Senate in a matter of weeks, some 39 or 40 more will be 
added to the calendar from the last year's session. And there 
is no guarantee at what point these nominations will move 
forward, but I can tell you that we will do it in a thoughtful 
way and try to make sure that they are timely. I know that 
there is a lot of pride in this room by your friends and family 
who have joined you here today.
    It must give you a great feeling of support and ebullience 
as you face questions from these Senators. I thank you for 
being part of this process, and I adjourn this meeting of the 
Senate Judiciary Committee.
    [Whereupon, at 11:24 a.m., the hearing was adjourned.]
    [Additional material submitted for the record follows.]

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