• 2 days ago
At today's Senate Judiciary Committee hearing, Sen. Dick Durbin (D-IL) slammed President Trump's attacks on federal judges.

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Transcript
00:00today and thank you very much for coming and now Senator Durbin.
00:04Thanks Chairman Grassley. I want to thank you particularly for a comment you recently made
00:08where you said quote you can't impeach a judge just because you disagree with their opinion
00:13end of quote. It shouldn't have to be said but I hope every member of this committee will make that
00:18equally clear today. Indeed in our nation's 250 year history a judge has never never been impeached
00:26because a president disagreed with that judge's ruling but we do say need to say so loudly and
00:32clearly as you did Mr. Chairman as President Trump and Co-President Elon Musk have demanded
00:39the impeachment of federal judges who have ruled against the administration. House Republicans have
00:44rushed to kiss the ring so far filing articles of impeachment against six federal judges and
00:51counting the dangerous irresponsible conduct of the president and his allies has resulted in a
00:58disturbing truly disturbing increase in threats against our federal judges and represent an
01:05existential threat to judicial independence. During my time on this committee I've met with
01:10several judges whose lives have been threatened simply because of their service on the bench.
01:16Some of these threats have turned into acts of violence that have taken the lives
01:20of judges family members including spouses parents and children. It affected my state
01:27in the northern district. I've said it many times before in this committee and I want to say it
01:32again here. Violence or threats of violence from the right or the left on the political spectrum
01:39are never never acceptable. When I was chair of this committee I repeatedly condemned threats
01:45against Republican appointed justices and judges and we passed bipartisan legislation
01:51to improve security for the bench. We must speak with one bipartisan voice on this issue.
01:57Last week my staff spoke with several judges about judicial security. Every single judge
02:03said exactly the same thing. The threats have become more frequent and more disturbing and
02:08while these judges were careful not to comment on political issues they noted that recent rhetoric
02:14against judges has contributed to increased threats to judicial security. One judge likened
02:21it to adding fuel to a bonfire and she noted her fear that in time it would become a wildfire
02:27out of control. We must avoid that outcome but it will require the president and his fellow
02:33Republicans including members of this committee to work together with the Democrats to lower the
02:39temperature and end the attacks on judges and judiciary. This hearing is about nationwide
02:45injunctions. It's impossible to separate the hearing from President Trump's record in office.
02:50The reality is that we would not be holding this hearing if the president took a different
02:55approach to the rule of law. We've heard repeated complaints from Republicans about the number of
03:02injunctions issued against this president compared to other presidents. Why so many?
03:08They ignore the fact that this president has issued more than 100 executive orders. The most
03:14by any president at this point in his term in at least four decades. Many are clearly illegal.
03:22Take the president's executive order to end birthright citizenship. Three federal judges
03:29in three different states have blocked this order including two judges appointed by Republican
03:35presidents and three separate appeals courts have refused to lift these injunctions. Judge John
03:42Cunar who was appointed by President Ronald Reagan was the first judge to block the order which he
03:48called quote blatantly unconstitutional. The reality is that the number of injunctions issued
03:54against the first and second Trump administration are evidence of a president who is clearly
04:00violating the law. That being said I'm happy to discuss the legal and practical implications
04:06of nationwide injunctions but as I've said many times before we cannot have one set of rules for
04:13Republicans and another set of rules for Democrats. Any legislation on this topic must be based on the
04:19merits not political expediency. Professor Bray in your testimony before the committee recall a
04:26decision by a Texas court about 10 years ago on DAPA. That's near and dear to my heart. That
04:33is based on the DREAM Act which I introduced a long time ago and my pleadings with President
04:39Obama to create that program meant a lot to me personally. I recall when that issue came before
04:44the court in Texas and the judge issued a universal injunction to enforce it. I would add as the
04:53chairman has noted there was cheering from the Republican senators from Texas for that decision.
04:59Some of them today see the issue differently in the context of a president of their own party.
05:07I cannot support legislation that does not take reality into consideration. Only if we have an
05:13effective date that makes sense would I consider making any changes myself. In 1776 in a pamphlet
05:21appropriately titled common sense Thomas Paine famously wrote quote in America the law is king
05:29for as in absolute governments the king is the law. So in free countries the law ought to be king
05:36and there ought to be no other. Today we'll discuss the use of nationwide injunctions but
05:42there can be no debate that in America the law is king as it has been since our founding. The
05:49president is not a king. Not even this president as much as he might wish otherwise. He is bound
05:56by the decisions of our courts just like every other American. Now the president and his political
06:03allies are welcome to disagree with judicial decisions that block his illegal actions but
06:09we cannot allow anyone to threaten or intimidate our judges and we cannot stand idly by amid a
06:15threat to our constitution and separation of powers. The chairman has asked me to introduce
06:20my witness and I'll be glad to do that. Professor Stephen Vladek is the Agnes Williams sesquicentennial
06:26professor of

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