AIJudiciary Committee considers two circuit court nominees and DOJ inspector general

Federal Judge Confirmation HearingsSenate Judiciary · May 20, 2026 · 119th Congress
The Senate Judiciary Committee met to consider three nominations: Benjamin M. Begins at ▶ 0:18:02
Transcript
Highlights

Title

Judiciary Committee considers two circuit court nominees and DOJ inspector general

Purpose

The Senate Judiciary Committee met to consider three nominations: Benjamin M. Flowers to the Sixth Circuit, Matthew A. Schwartz to the Second Circuit, and Don Richard Berthiaume Jr. to be DOJ Inspector General. The hearing was dominated by disputes over nominees' answers about the 2020 election, Schwartz's ongoing representation of President Trump, and questions about DOJ's new "anti-weaponization" settlement fund. Begins at▶ 0:18:02

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:18:02: Opened by defending nominees' refusal to discuss the 2020 election as consistent with Justice Jackson's confirmation answers▶ 0:19:23▶ 0:23:27; later defended the DOJ/IRS settlement fund as containing no taxpayer dollars to Trump▶ 0:36:37; introduced Berthiaume and questioned him on OIG independence and whistleblower protections▶ 0:26:40▶ 2:05:55.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:28:48: Revealed a new $2 billion DOJ/IRS "anti-weaponization" settlement fund that bars future claims against Trump and his family▶ 0:28:48▶ 0:29:36; criticized Schwartz and Flowers as personally loyal to Trump▶ 0:32:39; pressed Berthiaume on unanswered oversight letters about FBI personnel removals▶ 2:05:29.

• Sen. Jon Husted (R-OH)▶ 0:38:14: Introduced Flowers, citing his record as Ohio Solicitor General and case defending Ohio's abortion law limiting Down syndrome-based terminations▶ 0:39:45.

• Sen. Mike Lee (R-UT)▶ 0:41:34: Introduced Schwartz, describing their shared clerkship for Justice Alito and Schwartz's commercial litigation and pro bono record▶ 0:41:34▶ 0:44:44; later questioned Schwartz on standing doctrine and judicial passivity versus activism▶ 1:07:24.

• Benjamin Flowers, Sixth Circuit nominee▶ 0:48:17: Said he has no problem stating Biden was certified president and agreed with Justice Jackson's approach to political questions▶ 0:53:32▶ 0:53:46; described his Ohio Solicitor General record defending state laws regardless of politics▶ 0:54:52; declined to say the 2020 election lawsuit he called "a disgrace" in emails was wrong, citing the Jackson precedent instead▶ 1:00:24▶ 1:01:22; discussed his "departmentalism" theory that courts' judgments bind parties but not necessarily future officials▶ 1:16:15▶ 1:48:40.

• Matthew Schwartz, Second Circuit nominee▶ 0:51:02: Committed to case-by-case recusal from matters involving Elon Musk/Tesla and confirmed he currently represents Trump in two pending appeals▶ 1:01:54▶ 1:02:22; gave the same Jackson-style non-answer on the 2020 election▶ 1:31:02; said there was "trespass and violence" at the Capitol on January 6▶ 1:32:32; said he would resign his partnership and forgo firm profits if confirmed▶ 1:54:09.

• Sen. John Kennedy (R-LA)▶ 1:15:22: Questioned Flowers at length on his "departmentalism" article and whether courts, Congress, or the executive prevail on constitutional interpretation, and whether a federal court order can ever be ignored▶ 1:15:46▶ 1:19:06▶ 1:20:17.

• Sen. Amy Klobuchar (D-MN)▶ 1:21:39: Noted Flowers' amicus brief challenging Pennsylvania's 2020 election administration▶ 1:21:46; pressed Schwartz on Trump's claim to have "the right to do anything" as president▶ 1:22:59; questioned Flowers on the 10-year-old rape victim harmed by Ohio's abortion law and his "kneecap the administrative state" writing, citing $337 million the FTC returned to consumers in 2024▶ 1:24:00▶ 1:26:16▶ 1:27:31.

• Sen. Richard Blumenthal (D-CT)▶ 1:28:46: Repeatedly asked both nominees who won the 2020 election, calling their rehearsed answers "disqualifying" and noting they are not sitting federal judges bound by the same ethics code▶ 1:28:57▶ 1:33:30.

• Sen. Mazie Hirono (D-HI)▶ 1:37:03: Asked standard fitness questions on sexual misconduct▶ 1:37:34; questioned Flowers on his amicus brief in Brandt v. Pompo defending Ohio's damages cap against a rape survivor's $20 million verdict▶ 1:38:02; pressed him on his "timid textualism" blog post about restoring "traditional Western values"▶ 1:41:05.

• Sen. Peter Welch (D-VT)▶ 1:42:38: Cross-examined Flowers on originalism's application to modern technology▶ 1:42:46; raised his brief opposing Medicare drug price negotiation under the Inflation Reduction Act▶ 1:45:34; pressed him on his view that presidents may disregard a court's "reasoning" while following its judgment, using Dred Scott as the example▶ 1:47:27.

• Sen. Cory Booker (D-NJ)▶ 1:49:03: Questioned Schwartz on his active representation of Trump and Trump's PAC allegedly owing him $400,000 in legal fees▶ 1:49:26▶ 1:51:10; raised Schwartz's 1997 college article opposing same-sex marriage▶ 1:54:37; later pressed Berthiaume on completing the Epstein Files Transparency Act audit within one year and protecting survivors▶ 2:15:58▶ 2:16:33.

• Don Richard Berthiaume Jr., DOJ Inspector General nominee▶ 1:57:52: Pledged to protect OIG independence and prioritize whistleblower protections▶ 2:00:58▶ 2:02:09; said federal funds should not be used to hunt down whistleblowers, with limited exceptions for classified information▶ 2:07:09; committed to answering unanswered committee letters and clarifying OIG's boundary with the Office of Professional Responsibility▶ 2:05:02▶ 2:13:15.

• Sen. Sheldon Whitehouse (D-RI)▶ 1:10:04: Criticized the Trump settlement fund and elimination of Senate blue-slip practice▶ 1:10:51; described a Wyoming case where a U.S. attorney's grand jury misconduct led to nine dismissed indictments, yet he was confirmed days later without disclosure to the Senate▶ 1:12:13▶ 1:14:00; later clarified OIG's jurisdiction over OPR's administrative conduct with Berthiaume▶ 2:11:32.

• Mr. Flowers' introducer, Sen. Husted, and Mr. Schwartz's introducer, Sen. Lee covered above.

Key moments

• Durbin disclosed a new $2 billion DOJ/IRS settlement fund that "forever bars and precludes" prosecuting Trump, his family, or affiliated companies▶ 0:29:12▶ 0:29:36; Grassley countered that Trump receives no taxpayer money and there's no partisan filing requirement▶ 0:37:06.

• Both nominees gave identical, Justice Jackson-derived non-answers on who won the 2020 election; Blumenthal noted Jackson's disclaimer applied to her as a sitting federal judge, which neither nominee is▶ 1:29:10▶ 1:30:03.

• Durbin confronted Flowers with his own 2020 emails calling the Texas election lawsuit "a disgrace" and "a terrible idea," which Flowers said referred only to the specific relief sought, not the broader challenge▶ 0:59:11▶ 1:00:24.

• Blumenthal got both nominees to admit they had "practiced" their answers with White House Counsel before the hearing▶ 1:31:48▶ 1:32:06.

• Booker pressed Schwartz on his active representation of Trump in the Stormy Daniels hush-money appeal while nominated to a lifetime judgeship, and on roughly $400,000 the Trump PAC reportedly owes his firm▶ 1:49:26▶ 1:49:44.

• Kennedy and Flowers sparred over "departmentalism": Flowers maintained courts bind only the parties before them and could theoretically be defied by non-parties absent contempt risk, which Kennedy called "nonsense on stilts"▶ 1:18:14▶ 1:20:28.

• Whitehouse detailed a Wyoming U.S. attorney sanctioned for improper grand jury conduct (calling defendants "murderers," handing out business cards) whose confirmation was buried in an unblocked 49-nominee batch three days after the misconduct order, without disclosure to the Senate▶ 1:12:13▶ 1:14:25.

• Hirono confronted Flowers over his amicus brief supporting Ohio's damages cap against a rape survivor awarded $20 million, in a case where Ohio was not even a party▶ 1:38:28▶ 1:39:42.

• Booker used his second round to press Berthiaume on the Epstein Files Transparency Act, securing a one-year commitment to complete the audit and a pledge to notify survivors▶ 2:15:58▶ 2:16:33.

• Grassley noted DOJ's annual OIG report dropped a 17-year-standing paragraph warning against political influence in law enforcement; Berthiaume said he arrived after it was removed and would consider restoring it▶ 2:03:24▶ 2:04:25.

Metadata

Official titleHearings to examine the nominations of Benjamin M. Flowers, of Ohio, to be United States Circuit Judge for the Sixth Circuit, Matthew A. Schwartz, of New York, to be United States Circuit Judge for the Second Circuit, and Don Richard Berthiaume, Jr., of Virginia, to be Inspector General, Department of Justice.
CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateMay 20, 2026
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript420 caption blocks · 16,008 words · 2:21:02 runtime
EventCongress.gov 338419