Business meeting to consider the nominations of Jennifer Lee Mascott, of Delaware, to be United States Circuit Judge for the Third Circuit, Rebecca L. Taibleson, of Wisconsin, to be United States Circuit Judge for the Seventh Circuit, David A. Bragdon, to be United States District Judge for the Middle District of North Carolina, Robert P. Chamberlin, to be United States District Judge for the Northern District of Mississippi, Lindsey Ann Freeman, to be United States District Judge for the Middle District of North Carolina, Edmund G. LaCour, Jr., to be United States District Judge for the Northern District of Alabama, Bill Lewis, to be United States District Judge for the Middle District of Alabama, James D. Maxwell II, to be United States District Judge for the Northern District of Mississippi, Harold D. Mooty III, to be United States District Judge for the Northern District of Alabama, Matthew E. Orso, to be United States District Judge for the Western District of North Carolina, Susan Courtwright Rodriguez, to be United States District Judge for the Western District of North Carolina, Sara Bailey, of Texas, to be Director of National Drug Control Policy, Braden Boucek, to be United States Attorney for the Middle District of Tennessee for the term of four years, David Courcelle, to be United States Attorney for the Eastern District of Louisiana for the term of four years, Dominick Gerace II, to be United States Attorney for the Southern District of Ohio for the term of four years, Jerome Francis Gorgon, Jr., to be United States Attorney for the Eastern District of Michigan for the term of four years, James Kruger, to be United States Attorney for the Southern District of Mississippi for the term of four years, Scott Leary, to be United States Attorney for the Northern District of Mississippi for the term of four years, Bryan Stirling, to be United States Attorney for the District of South Carolina for the term of four years, and Thomas Wheeler II, to be United States Attorney for the Southern District of Indiana for the term of four years.

Committee on the Judiciary

2025-10-01

Source: Congress.gov

Summary

This meeting of the committee addressed several judicial nominations and featured extensive debate on the politicization of the justice system and related concerns regarding federal law enforcement and judicial appointments.[ 00:15:18 ]

The discussion highlighted deep partisan divisions, particularly concerning the indictment of former FBI Director James Comey and President Trump's influence on federal agencies.[ 00:15:52-00:16:20 ]

Judicial Nominations

The committee had twenty nominations on its agenda, with five slated for a vote.[ 00:15:18 ]

These included Jennifer Mascott for Circuit Judge, Edmund LaCour, Bill Lewis, and Harold Moody for District Judges, and David Kursel for U.S. Attorney.[ 00:15:31-00:15:41 ] Senator Grassley expressed his support for all these nominees, with others held over for future consideration.[ 00:15:45 ]

Jennifer Mascott's Nomination Jennifer Mascott's nomination to the Third Circuit Court of Appeals sparked considerable debate.[ 00:15:31 ]

Senator Coons strongly opposed her nomination, citing her lack of ties to Delaware, absence from the Delaware bar, and limited practical legal experience in key areas such as criminal law, bankruptcy, and torts. He also raised concerns about her refusal to recuse herself from cases related to presidential power and executive orders, given her previous advisory roles. Senator Grassley countered by highlighting ten letters of support for Mascott from various legal scholars, faculty, and community leaders.[ 00:34:34-00:34:54 ] The committee ultimately voted to favorably report Mascott's nomination by a margin of 12 ayes to 10 nays.

Alabama Nominees Senators Britt and Grassley expressed strong support for the Alabama nominees: Hal Moody, Bill Lewis, and Edmund LaCour.[ 00:35:37-00:36:13 ]

They emphasized the nominees' experience, qualifications, legal acumen, and commitment to the Constitution.[ 00:36:27-00:36:29 ] All three Alabama nominees were favorably reported out of committee.

Allegations of Politicized Justice

A significant portion of the meeting focused on allegations of politicized justice and the weaponization of the Department of Justice (DOJ).[ 00:15:52-00:15:59 ]

Indictment of James Comey and "Dual Standards" Senator Grassley criticized what he perceived as a "flurry of outrage" regarding the indictment of FBI Director James Comey, asserting that Comey should be held accountable if he lied to Congress.[ 00:15:52-00:16:20 ]

He highlighted concerns about "politicized justice" and "dual standards," citing instances where he believed Hillary Clinton and Joe Biden were treated differently than Donald Trump regarding investigations.[ 00:16:32-00:16:49 ] Grassley also mentioned the Durham annex, which he helped declassify, suggesting the Clinton campaign's efforts to falsely tie Trump to Russia.[ 00:18:15-00:18:17 ] He criticized a lack of outcry from his Democratic colleagues regarding the Biden administration's alleged weaponization of the Justice Department to investigate political groups and perceived partisan lawsuits against Trump.[ 00:18:20-00:18:21 ]

Senator Durbin countered these claims by accusing President Trump of weaponizing federal law enforcement to seek vengeance against political enemies. He cited the firing of U.S. Attorney Eric Siebert for not pursuing charges against James Comey and the subsequent installation of a less experienced individual. Durbin also pointed to Trump's budget cuts to public safety funding and the diversion of federal agents for mass deportations, arguing that these actions undermine law enforcement. He further criticized Trump's pardons for January 6th insurrectionists, including some who assaulted law enforcement, and the hiring of one such individual as a senior advisor at the DOJ.

Senators Klobuchar and Blumenthal echoed concerns about political interference in the Justice Department.[ 00:41:13-00:41:42 ]

Klobuchar highlighted Trump's social media instructions to prosecute political enemies, his alleged pressure on prosecutors to dismiss cases against allies, and his pardons for those who assaulted police.[ 00:42:16-00:42:32 ] Blumenthal proposed legislation to provide safeguards against malicious prosecution and grand jury reform, citing reports of issues with the Comey indictment's grand jury vote.

FBI Director Patel's Testimony

Senator Whitehouse raised serious allegations against FBI Director Patel, claiming Patel lied to the committee on multiple occasions regarding his grand jury testimony. Whitehouse stated that Patel initially claimed a court order prevented him from sharing his testimony, a claim contradicted by the D.C. District Chief Judge. Later, Whitehouse alleged that Patel offered a new lie, claiming to have released the transcript publicly, which was also false. Whitehouse called for the committee's support to obtain the transcript, emphasizing the importance of FBI chiefs testifying honestly to Congress.

"Soft on Crime" Policies and Bipartisan Efforts

Senator Grassley criticized "soft on crime" policies and a judge's appalling behavior towards a victim at a sentencing hearing, emphasizing that violent crime needs a strong response.[ 00:20:17-00:21:14 ]

Senator Durbin acknowledged differences but stressed the tradition of finding common ground on law enforcement and crime, especially during Police Week.[ 00:22:12-00:22:43 ] He rejected the premise that Democratic leadership leads to being "soft on crime" and called for a bipartisan approach to public safety. Grassley noted his frustration with stalled bipartisan police bills, suggesting issues on both sides of the aisle preventing their passage and offering to work with Durbin to resolve this.[ 00:23:05-00:23:49 ]

Tone of the Meeting

The meeting had a highly contentious and accusatory tone, marked by significant partisan disagreement.[ 00:15:52-00:16:20 ]

While there were calls for bipartisan cooperation on issues like crime, these were largely overshadowed by sharp exchanges regarding alleged political motivations within the justice system and concerns over judicial appointments. Speakers frequently cited examples of perceived political abuses, leading to an atmosphere of distrust and strong opposition between the parties.[ 00:16:32-00:16:34 ]

Participants

Transcript

I've been asked by three people to make short statements.  One would be White House, one would be Coons, and the other one would be Britt.  Good morning, everybody.  On today's agenda, we have 20 nominations listed.  We'll vote on five of them.  Jennifer Mascott, Circuit Judge.   Edmund LaCour, Bill Lewis, and Harold Moody to be district judges, and David Kursel for U.S.  Attorney.  I'm going to support all these nominees.  We'll hold over the remaining nominees listed on our agenda for later consideration.   Before turning to today's business, I'd like to discuss the recent flurry of outrage that's been expressed by people that are in office and out of office, but particularly because of what my colleagues have said in the indictment of FBI Director James Comey.  The indictment returned by the grand jury contains   Serious charges, if you consider testifying before Congress, is an important thing for people to do honestly.  At the time of Comey's alleged conduct, my colleagues and I had active investigations.  If the facts and evidence show that Comey lied to the Congress and obstructed the investigative work that we're doing, he ought to be held accountable.   The rule of law requires truthfulness before Congress, and this body's constitutional oversight role demands it.  Instead of acknowledging this fact and allowing the legal process to play out,   As I saw over the weekend on television, some of my colleagues are warning us about the dangers of politicized justice, and that's perfectly right for them to make that warnings to us, but I think it's reasonable for us to look at the history of the last decade