AIJudiciary Committee considers Eighth Circuit and Kansas district court nominees

Federal Judge Confirmation HearingsSenate Judiciary · April 15, 2026 · 119th Congress
The Senate Judiciary Committee met to consider the nomination of Justin D. Begins at ▶ 0:33:28
Transcript
Highlights

Title

Judiciary Committee considers Eighth Circuit and Kansas district court nominees

Purpose

The Senate Judiciary Committee met to consider the nomination of Justin D. Smith to the U.S. Court of Appeals for the Eighth Circuit, and the nominations of Jeffrey M. Kuhlman, Anthony W. Mattivi, and Anthony J. Powell to be U.S. District Judges for the District of Kansas. Chairman Grassley opened with remarks on the Justice Department's Civil Rights Fraud Initiative and a defense of nominees' answers on election certification, followed by home-state senators introducing the nominees, sworn testimony, and rounds of member questioning. Begins at▶ 0:33:28

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:33:28: Opened the hearing, touted a $17 million False Claims Act settlement tied to a DEI-related civil rights fraud case▶ 0:34:46, and defended nominees' answers on the 2020 and 2024 elections as constitutionally correct under the Electoral College▶ 0:36:04; later questioned Smith on agriculture regulation experience▶ 1:16:59 before handing the gavel to Sen. Schmitt to attend Finance Committee business▶ 1:13:43.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:39:38: Criticized Smith's continued representation of President Trump in E. Jean Carroll lawsuits, including a $90 million jury verdict for sexual abuse and defamation▶ 0:40:32, and Smith's court filing comparing Carroll's allegations to a "Law and Order" episode▶ 0:40:59; pressed Smith on affiliations with seven right-leaning organizations and possible self-dealing with a super PAC▶ 0:41:47▶ 1:22:16; later questioned Powell on 1998 tobacco settlement criticism▶ 2:29:15 and Mattivi/Kuhlman on the Marion County Record newspaper raid▶ 2:30:49.

• Sen. Jerry Moran (R-KS)▶ 0:43:44: Introduced Mattivi, Powell, and Kuhlman as fellow Kansans, noting confirmation of all three would fill Kansas's six federal district judgeships▶ 0:44:24, and detailed each nominee's career background▶ 0:45:17.

• Sen. Roger Marshall (R-KS)▶ 0:51:42: Introduced the three Kansas nominees, praising Kuhlman's rural roots, Powell's decades of public service, and Mattivi's prosecution of the USS Cole bomber▶ 0:56:15.

• Former Sen. Pat Roberts (R-KS)▶ 0:58:35: Introduced Mattivi, noting his 39-0 confirmation vote in the Kansas Senate as KBI director in 2023▶ 1:00:07 and his work advising on Iraq war crimes tribunals▶ 1:01:37.

• Sen. Josh Hawley (R-MO)▶ 1:03:13: Introduced Justin Smith as Missouri's sixth Trump-appointed federal judge this Congress▶ 1:03:13; later questioned Smith on a DOJ report alleging targeting of pro-life and religious Americans, citing the Mark Houck case▶ 1:45:39.

• Sen. Eric Schmitt (R-MO)▶ 1:06:39: Introduced Justin Smith, his former chief of staff and first assistant, calling him "one of the finest lawyers I have ever worked with"▶ 1:07:26; took over chairing the hearing▶ 1:13:43 and questioned all four nominees on judicial philosophy and moments of professional courage▶ 2:23:33▶ 2:24:03.

• Justin Smith, Eighth Circuit nominee▶ 1:10:39: Sworn in▶ 1:10:39; introduced his family, including three autistic children▶ 1:11:49; repeatedly stated Joe Biden was "certified" president in January 2021 while declining to state who won the popular vote▶ 1:19:45▶ 1:20:12; disputed Sen. Durbin's claim of ties to seven right-wing organizations, saying three were listed at his address due to a "clerical error"▶ 1:23:29; declined to characterize January 6 beyond calling it a "breach of the capitol" while condemning violence▶ 1:36:35; described defending presidential immunity arguments in Trump v. United States without directly answering hypotheticals about a president ordering an assassination or arresting senators▶ 2:09:18▶ 2:13:31.

• Sen. Ron Kennedy (R-LA) — *(shown as "Sen. Kennedy")*▶ 1:25:50: Asked Smith why Democrats focus on election questions▶ 1:25:50; later quizzed Kuhlman on tort causation using a hypothetical protest blocking a heart-transplant delivery▶ 2:34:57 and Powell on textualism and statutory ambiguity▶ 2:37:23, and asked Mattivi about a hypothetical religious-discrimination employment case▶ 2:41:51.

• Sen. Richard Blumenthal (D-CT)▶ 1:50:00: Pressed Smith repeatedly on who won the 2020 popular vote, calling his answers "ridiculous" and "pathetic"▶ 1:33:13; asked whether Smith viewed January 6 as a "violent mob attacking the Capitol"▶ 1:36:52.

• Sen. Mazie Hirono (D-HI)▶ 1:37:49: Asked standard fitness questions on sexual harassment and misconduct, which Smith answered "no" to both▶ 1:38:20; pressed Smith to define "woke ideology" from a 2024 op-ed, which he declined to do▶ 1:38:42; raised recusal obligations regarding cases involving Trump's personal interests▶ 1:42:19.

• Sen. Sheldon Whitehouse (D-RI)▶ 1:50:00: Argued right-wing billionaires, particularly Leonard Leo, have "captured" the courts through a network of fictitiously named organizations he called the "Leo bug"▶ 1:51:24, and connected Smith to several of these groups including the Yorktown Fund and Concorde Fund▶ 1:55:44.

• Sen. Chris Welch — *(shown as "Sen. Welch")*▶ 2:02:29: Contrasted Smith's willingness to name Eric Schmitt as the certified 2022 Senate winner with his reluctance to say Biden won the popular vote▶ 2:02:53▶ 2:04:19; recalled being present during the January 6 Capitol attack▶ 2:05:04.

• Sen. Adam Schiff (D-CA)▶ 2:07:53: Questioned Smith on the Supreme Court's presidential immunity ruling in Trump v. United States, pressing repeatedly on a hypothetical where a president orders Seal Team Six to assassinate a political opponent▶ 2:09:18 and whether bribery or arresting senators to block impeachment would be immune▶ 2:12:33▶ 2:13:17; called it a "shocking view" that Smith would not directly answer▶ 2:14:12.

• Jeffrey Kuhlman, District of Kansas nominee▶ 2:16:49: Thanked President Trump and Senators Marshall and Moran, introduced his wife and children▶ 2:17:31; later explained tort causation and foreseeability in a hypothetical protest-blocking-ambulance scenario▶ 2:36:12, and confirmed his role representing Marion County Sheriff's Office officials in the $3 million Marion County Record settlement▶ 2:33:01.

• Anthony Mattivi, District of Kansas nominee▶ 2:18:49: Thanked KBI colleagues and family, described his judicial philosophy as textualist for statutes and originalist for the Constitution▶ 2:25:46; cited enforcing marijuana laws despite anticipated backlash as an act of professional courage▶ 2:26:11; stated the KBI had no agents present during the Marion County Record raid▶ 2:31:53.

• Anthony Powell, District of Kansas nominee▶ 2:21:15: Introduced his wife of 40 years and four children▶ 2:22:14; described vacating a murder conviction over ineffective counsel as a difficult ruling▶ 2:27:15; defended his past criticism of 1998 tobacco settlement attorney fees, saying his objection was to a $27 million fee to lawyers who "only filed the complaint"▶ 2:29:30.

Key moments

• Durbin noted Smith represents Trump in two pending E. Jean Carroll lawsuits and that a jury found Trump liable for sexual abuse and defamation, awarding nearly $90 million▶ 0:40:32.

• Smith repeatedly declined to say who won the 2020 popular vote, instead stating only that Congress certified Joe Biden as president in January 2021, prompting sharp exchanges with Sens. Durbin, Blumenthal, Hirono, and Welch▶ 0:36:46▶ 1:33:13▶ 2:04:19.

• Sen. Blumenthal called Smith's answers "ridiculous" and "pathetic," accusing him of fearing the president would "take umbrage" and withdraw his nomination▶ 1:33:13.

• Sen. Welch got Smith to affirm Eric Schmitt was "certified" the 2022 Missouri Senate winner within seconds, contrasting it with his evasiveness on the 2020 presidential race▶ 2:03:23.

• Sen. Whitehouse alleged a network of "more than 20" fictitiously named organizations tied to Leonard Leo's $1.6 billion Marble Freedom Trust, connecting Smith to the Yorktown Fund, Concorde Fund, and Club for Growth Action Missouri, and predicted he would "rule for them 100% of the time"▶ 1:51:24▶ 1:56:18.

• Sen. Schiff pressed Smith on Trump v. United States, asking repeatedly whether a president ordering Seal Team Six to assassinate a political opponent would be immune from prosecution absent impeachment; Smith declined to give a direct yes/no▶ 2:09:18▶ 2:10:23.

• Durbin asked Mattivi and Kuhlman about the August 2023 armed raid on the Marion County Record newspaper, which resulted in a $3 million judgment; Mattivi said no KBI agent was present at the raid despite initial media reports▶ 2:31:53.

• Sen. Kennedy's tort hypothetical — protesters blocking Manhattan traffic causing a transplant patient's death — drew Kuhlman into a discussion of causation and foreseeability▶ 2:34:57▶ 2:36:23.

• Sen. Kennedy pressed Powell on when a "textualist" departs from plain statutory language to consider legislative intent, with Powell maintaining he starts with the words but did not clearly define an ambiguity threshold▶ 2:37:59▶ 2:41:08.

• Roberts noted Mattivi was confirmed 39-0 by the Kansas Senate as KBI director and joked that Sen. Rand Paul would be the only "no" vote in the full Senate▶ 1:00:07▶ 1:02:04.

Metadata

Official titleHearings to examine the nominations of Justin D. Smith, to be United States Circuit Judge for the Eighth Circuit, and Jeffrey M. Kuhlman, Anthony W. Mattivi, and Anthony J. Powell, each to be a United States District Judge for the District of Kansas.
CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateApril 15, 2026
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript463 caption blocks · 18,004 words · 2:43:47 runtime
EventCongress.gov 338148