Columbia Standard

U.S. Senate Democratic Whip Dick Durbin, the Ranking Member of the Senate Judiciary Committee, questioned nominees at a Senate Judiciary Committee hearing regarding their potential roles within the Department of Justice. The hearing discussed the nominations of Patrick Davis for Assistant Attorney General for the Office of Legislative Affairs, John Eisenberg for Assistant Attorney General for the National Security Division, and Brett Shumate for Assistant Attorney General for the Civil Division.

Durbin asked the nominees if they agreed that a litigant, even within the executive branch, could lawfully ignore a court order. He cited that the Trump administration was involved in lawsuits over executive actions that were ruled illegal or unconstitutional by federal judges. Durbin emphasized, “If confirmed, the three of you will hold key positions at the Justice Department and you will take an oath to uphold and defend the Constitution… do you believe a litigant—including the executive branch or a president—can lawfully defy a court order?”

Brett Shumate assured Durbin he would advise compliance with court orders, while Patrick Davis stated, “Parties to litigation should always follow lawful orders that bind them.” John Eisenberg concurred with his colleagues.

Durbin then asked Eisenberg about a security breach involving Defense Secretary Hegseth and other officials discussing sensitive military plans on Signal, a commercial messaging app. Durbin inquired whether such breaches should be investigated by the Justice Department, to which Eisenberg replied, “it depends on the facts.”

Further, Durbin questioned Shumate over a past Federalist Society panel discussion where Shumate commented on the removal of heads of independent agencies. Shumate clarified he was advocating for a client’s position at the time, stating his current role required representing the United States' interests.

Questioning by Durbin also touched on President Trump’s recent comments about compensating those charged in the Capitol insurrection on January 6, 2021. Shumate said he was unaware of the President’s remarks and refrained from committing to any position regarding those cases.

Durbin concluded by affirming his support for law enforcement and dismissing the idea of compensation for the January 6 rioters, stating, “I do not believe they are entitled to any compensation for their action.”

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