11.18.24

Durbin: I'll Do Everything In My Power To Ensure That Donald Trump Cannot Turn DOJ Into His Personal Law Firm

On a speech on the Senate floor, Durbin highlighted the need for the Department of Justice to remain fair and independent from the incoming President-elect, raised serious concerns about his AG nominee, Matt Gaetz

WASHINGTON – In a speech on the Senate floor, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, delivered a stark warning to his colleagues about President-elect Donald Trump’s vision for the Department of Justice (DOJ) during his Administration.

“Last week, Mark Paoletta, who is overseeing the Trump transition team for the Department of Justice, warned that ‘career DOJ lawyers must be fully committed to implementing President Trump’s policies or they should leave or be fired.’ He shamefully slandered these nonpartisan public servants as the ‘deep state.’ And Cleta Mitchell, an advisor to President-elect Trump, argued that ‘every lawyer in the voting section and likely the Civil Rights Division needs to be terminated.’ Of course, the president may set policy directives, but the Department of Justice is not his personal law firm. Civil servants have an independent duty to uphold the Constitution and the laws of the United States and cannot be forced to take illegal actions,” said Durbin.

During his first term, then-President Trump tried to use the Department of Justice to overturn the results of the 2020 presidential election, as detailed in the Senate Judiciary Committee’s Subverting Justicereport. Unfortunately, President-elect Trump has already made clear that in his second term, he will again undermine the rule of law and weaponize DOJ to seek revenge on his perceived enemies. The clearest illustration of his resolve to remake the Justice Department into his personal law firm is his intent to nominate former Congressman Matt Gaetz to be Attorney General.

“Let me be clear: former Congressman Gaetz is the least qualified person and most radical person ever nominated to be Attorney General. While he is a lawyer, he practiced law for only a short time,” said Durbin. “And his Congressional career has been mostly distinguished by his extreme statements. For example, former Congressman Gaetz has regularly called for eliminating the Justice Department that he will now be nominated to lead. He also wants to abolish the Justice Department’s components, most prominently the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives, ‘if they do not come to heel.’”

“Last year, he even introduced legislation to eliminate the ATF. Former Congressman Gaetz’s main qualification seems to be his unquestioning loyalty to Donald Trump. Why do I keep referring to Mr. Gaetz as ‘former congressman?’ That is due to my most serious concern about Mr. Gaetz being entrusted with any law enforcement responsibility. While Mr. Gaetz just won reelection and the 118th Congress is still in session, he resigned his seat in the House of Representatives last week… It was an apparent attempt to prevent the House Ethics Committee from releasing a damaging report on his alleged misconduct. Mr. Gaetz has been credibly accused of engaging in sexual misconduct with a minor, illicit drug use, sex trafficking, bribery, and obstructing government investigations into his alleged misconduct… These grave public allegations against Mr. Gaetz speak directly to his fitness to serve. Let me add that President-elect Trump announced his intent to offer Mr. Gaetz’s nomination without even the standard FBI background check that every presidential appointee undergoes. This is completely unacceptable,” Durbin continued.

During his speech, Durbin again urged the House Ethics Committee to release the report detailing its investigation into former Congressman Matt Gaetz to the Judiciary Committee. Last week, every Senate Judiciary Committee Democrat joined Durbin in a letter requesting the House Ethics Committee release the report and related materials. The House Ethics Committee is set to meet Wednesday to discuss the investigation.

There is substantial precedent for the release of such materials in both chambers of Congress.  In 1987, the House Ethics Committee released a preliminary report about former Rep. Bill Boner after he left Congress, stating: “In the Committee’s view, the general policy against issuing reports in cases such as here involved is outweighed by the responsibility of the Committee to fully inform the public regarding the status and results of its efforts up to the date of Representative Boner’s departure from Congress.” Similarly, in 2011, the Senate Select Committee on Ethics released its preliminary report on former Senator John Ensign after he resigned from Congress. The House Ethics Committee has also continued investigations after Members have left Congress, such as in 2010, when it twice reauthorized its investigation into former Rep. Eric Massa after his departure.

“It is also deeply troubling that Mr. Gaetz is not the only example of President-elect Trump’s intended nominees who would lead the Department of Justice and inevitably weaponize the Department to seek vengeance,” Durbin continued. “President-elect Trump also announced last week that he intends to nominate Todd Blanche as Deputy Attorney General and John Sauer as Solicitor General. Mr. Blanche and Mr. Sauer are two of Trump’s personal defense attorneys, and they would now be poised to do his bidding at the Justice Department.”

Durbin concluded, “Mr. Gaetz would be a disaster as the next Attorney General. As the Chair of the Senate Judiciary Committee, I am committed to ensuring that my colleagues of both parties have every fact at hand to understand just how dangerous he would be. I will do everything in my power to ensure that Donald Trump cannot turn DOJ into his personal law firm. And I will defend the career public servants who work at the Justice Department and have dedicated their lives to defending the rule of law. President-elect Trump won the election, but that does not mean he is entitled to choose extreme and unqualified loyalists to fill his cabinet. The Senate must fulfill our constitutional duty of advice and consent.”

Video of Durbin’s remarks on the Senate floor is available here.

Audio of Durbin’s remarks on the Senate floor is available here.

Footage of Durbin’s remarks on the Senate floor is available here for TV Stations.

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