March 26, 2025

Durbin Delivers Opening Statement During Senate Judiciary Committee Hearing For Justice Department Executive Nominees

Today’s hearing features Patrick Davis, nominated to be Assistant Attorney General for the Office of Legislative Affairs (OLA); John Eisenberg, nominated to be Assistant Attorney General for the National Security Division (NSD); and Brett Shumate, nominated to be Assistant Attorney General for the Civil Division

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today delivered an opening statement during a Senate Judiciary Committee hearing on the nominations of Patrick Davis, to be Assistant Attorney General for the Office of Legislative Affairs (OLA); John Eisenberg, to be Assistant Attorney General for the National Security Division (NSD); and Brett Shumate, to be Assistant Attorney General for the Civil Division. Before Durbin spoke about today’s nominees, he took a moment to speak about the ongoing attacks on the federal judiciary by President Trump and his allies.

Key Quotes:

“Last week, President Trump called for the impeachment of a federal judge simply because he ruled against the Administration… The President was not alone. Elon Musk, the un-elected Co-President and the richest person in the world, has demanded the impeachment of federal judges dozens of times, and House Republicans quickly bent a knee and rushed to introduce articles of impeachment. I understand members of the Senate are also cheering that effort on.”

“We cannot afford to wait and see if this President formally announces he will defy a court order. We must respond to this dangerous attack on our courts and judges now.”

“The danger posed by the Trump Administration’s attack on the judiciary is not abstract… The recent invective by the President and his allies has resulted in increased threats to the lives of judges and their families. This is unacceptable in a constitutional democracy. We can debate the value of nationwide injunctions and the merits of any particular judicial decision. But violence or threats of violence, whether from the right or the left of the political spectrum, are never, never acceptable.”

“I urge all of my colleagues on both sides of the aisle to join me in opposing this ongoing attack on the judiciary.”

“Unfortunately, Attorney General Bondi and other officials at [the] Justice [Department] have repeatedly shown that they will not defend the separation of powers. Their loyalty lies with the President. It should lie with the American people and the Constitution.”

“The loss of an independent Department of Justice is not only a threat to the rule of law. It makes our country less safe. This is especially true of our national security.”

“Since the start of this Administration, every senior career National Security Division official has been removed from their position. Following this purge, one former Justice Department official said, ‘There’s literally no one at home. The lights are off.’ That is a disturbing statement. And it reflects a serious problem that cannot be easily fixed.”

“Among today’s nominees is John Eisenberg [nominated to lead the National Security Division] … I hope for the sake of the nation that Mr. Eisenberg is willing to place the country above any personal allegiance to any political figure.”

“We will also hear from Patrick Davis, nominated to lead the Office of Legislative Affairs. At her confirmation hearing, Attorney General Bondi committed to Chair Grassley that she or her top staff would ‘personally’ review oversight requests from all members of the Committee and do ‘everything we can to respond to you.’”

“I have sent more than 20 oversight requests to the Trump Administration. I have yet to receive a single meaningful response to the vast majority of them, including seven to the Justice Department.”

“I am also concerned about legal arguments Mr. Shumate, who has been nominated to lead the Civil Division, has made since returning to the Justice Department. While all attorneys have a duty to zealously advocate for their clients—which of course includes the U.S. government—they must do so within the confines of the law. Yet, in defending President Trump’s executive order restricting birthright citizenship, Mr. Shumate claimed any judicial order blocking it would be ‘wildly inappropriate.’ His words. That is an unacceptable position for a Justice Department official to take, especially with respect to an order that is patently unconstitutional.”

“The disintegration of an independent Justice Department before our very eyes… should be alarming on both sides of the table. The Department is critical to protecting public safety and protecting the rights and liberties of all—all—Americans. I hope to learn more about these nominees’ commitments to these efforts and look forward to their testimony.”

Video of Durbin’s opening statement is available here.

Audio of Durbin’s opening statement is available here.

Footage of Durbin’s opening statement is available here for TV Stations.

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