[Congressional Record Volume 172, Number 100 (Monday, June 15, 2026)]
[Senate]
[Pages S2775-S2776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF JUSTIN D. SMITH

  Mr. DURBIN. Mr. President, on a separate issue, the Senate will soon 
vote on the confirmation of one of the President's personal attorneys 
to the Federal appellate court. If it sounds familiar, it is because we 
have seen it before.
  Last summer, the Senate confirmed another of the President's personal 
attorneys, Emil Bove, to be on the Third Circuit. It was previously 
unheard of for a President to do anything like this, but those rules 
are out the window.
  That is why the President nominated Todd Blanche, who represented him 
in cases that were filed against him, to serve as the next Attorney 
General. And that is why President Trump nominated Justin Smith, who is 
currently representing him in civil cases brought by E. Jean Carroll.
  Ms. Carroll is one of dozens of women who have come forward to 
credibly accuse the President--credibly accuse the President--of sexual 
assault. In Ms. Carroll's lawsuits, juries found President Trump liable 
for sexual abuse and defamation, awarding Ms. Carroll nearly $90 
million in damages. And that is being appealed.
  But this conflict of interest raises serious questions. These are 
lifetime appointments to Federal judgeships--lifetime appointments 
which have to be given to people who have been carefully scrutinized. 
We have not done that when it comes to Mr. Smith. We can do better.
  Mr. Smith has filed numerous briefs and motions in which he has 
challenged the verdicts against the President. While all litigants 
deserve a zealous advocate, Mr. Smith repeatedly attacked Ms. Carroll--
a sexual assault survivor--in court filings. Mr. Smith baselessly 
dismissed Ms. Carroll's allegations as ``facially implausible'' and `` 
politically motivated.'' He also falsely claimed that her allegations 
are a story that precisely matches the plotline from an episode of one 
of admittedly her favorite TV shows, `Law & Order'.''
  In addition to these lawsuits, Mr. Smith assisted in President 
Trump's defense in defense in Trump v. United States, the Presidential 
immunity case. But even apart from Mr. Smith's personal representations 
of the President, his record shows he is too ideological and too 
extreme for the Federal bench. Mr. Smith was an election denier long 
before he was hired by President Trump. While working in the Missouri 
Attorney General's Office, he joined the baseless effort to challenge 
the results of the 2020 election. When asked about this, he told the 
Judiciary Committee he was ``proud to add [his] name'' to that effort, 
once again demonstrating his loyalty to President Trump over the rule 
of law. During his legal career, in both government service and private 
practice, Mr. Smith has repeatedly worked to restrict abortion rights 
and the rights of LGBTQ Americans. His personal commentary on those 
subjects shows that his efforts reflect not only his legal positions 
but also his personal beliefs. In a blog post, Mr. Smith wrote: The 
Republican Party must have positions painted in bold colors on the 
critical issues that face this country. Abortion is murder. Gay 
marriage is sin.'' He added: On these core principles of our party, 
there must be no equivocation. When asked whether he still holds these 
beliefs about abortion and same-sex marriage, Mr. Smith refused to 
condemn them. Those words are unbefitting of a

[[Page S2776]]

judge and reveal a level of bias and partisanship that is unacceptable 
in a judicial nominee.
  Mr. Smith also has extensive rightwing political affiliations and 
ties to dark money entities. He has volunteered on dozens of Republican 
campaigns and participated in numerous events sponsored by conservative 
groups. He has also served as a board member of several Republican-
aligned organizations, including super PAC and entities affiliated with 
Leonard Leo. Mr. Smith's record makes his extreme ideology and 
partisanship clear. It is equally clear that President Trump believes 
Mr. Smith will continue to place the interests of the President ahead 
of the interest of justice and the rule of law if he is confirmed. I 
urge my colleagues to join me in opposing his nomination.
  I yield the floor.

                          ____________________