AIJudiciary Committee considers two circuit court nominees and DOJ inspector general

Federal Judge Confirmation HearingsSenate Judiciary · 2026-05-20 · 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 at0:18:02

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 answers0:19:230:23:27; later defended the DOJ/IRS settlement fund as containing no taxpayer dollars to Trump0:36:37; introduced Berthiaume and questioned him on OIG independence and whistleblower protections0:26:402:05:55.

Sen. Dick Durbin (D-IL), Ranking Member0:28:48: Revealed a new $2 billion DOJ/IRS "anti-weaponization" settlement fund that bars future claims against Trump and his family0:28:480:29:36; criticized Schwartz and Flowers as personally loyal to Trump0:32:39; pressed Berthiaume on unanswered oversight letters about FBI personnel removals2:05:29.

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 terminations0:39:45.

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 record0:41:340:44:44; later questioned Schwartz on standing doctrine and judicial passivity versus activism1:07:24.

Benjamin Flowers, Sixth Circuit nominee0:48:17: Said he has no problem stating Biden was certified president and agreed with Justice Jackson's approach to political questions0:53:320:53:46; described his Ohio Solicitor General record defending state laws regardless of politics0:54:52; declined to say the 2020 election lawsuit he called "a disgrace" in emails was wrong, citing the Jackson precedent instead1:00:241:01:22; discussed his "departmentalism" theory that courts' judgments bind parties but not necessarily future officials1:16:151:48:40.

Matthew Schwartz, Second Circuit nominee0:51:02: Committed to case-by-case recusal from matters involving Elon Musk/Tesla and confirmed he currently represents Trump in two pending appeals1:01:541:02:22; gave the same Jackson-style non-answer on the 2020 election1:31:02; said there was "trespass and violence" at the Capitol on January 61:32:32; said he would resign his partnership and forgo firm profits if confirmed1:54:09.

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 ignored1:15:461:19:061:20:17.

Sen. Amy Klobuchar (D-MN)1:21:39: Noted Flowers' amicus brief challenging Pennsylvania's 2020 election administration1:21:46; pressed Schwartz on Trump's claim to have "the right to do anything" as president1:22:59; 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 20241:24:001:26:161:27:31.

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 code1:28:571:33:30.

Sen. Mazie Hirono (D-HI)1:37:03: Asked standard fitness questions on sexual misconduct1:37:34; questioned Flowers on his amicus brief in Brandt v. Pompo defending Ohio's damages cap against a rape survivor's $20 million verdict1:38:02; 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 technology1:42:46; raised his brief opposing Medicare drug price negotiation under the Inflation Reduction Act1:45:34; pressed him on his view that presidents may disregard a court's "reasoning" while following its judgment, using Dred Scott as the example1:47:27.

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 fees1:49:261:51:10; raised Schwartz's 1997 college article opposing same-sex marriage1:54:37; later pressed Berthiaume on completing the Epstein Files Transparency Act audit within one year and protecting survivors2:15:582:16:33.

Don Richard Berthiaume Jr., DOJ Inspector General nominee1:57:52: Pledged to protect OIG independence and prioritize whistleblower protections2:00:582:02:09; said federal funds should not be used to hunt down whistleblowers, with limited exceptions for classified information2:07:09; committed to answering unanswered committee letters and clarifying OIG's boundary with the Office of Professional Responsibility2:05:022:13:15.

Sen. Sheldon Whitehouse (D-RI)1:10:04: Criticized the Trump settlement fund and elimination of Senate blue-slip practice1:10:51; 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 Senate1:12:131:14:00; later clarified OIG's jurisdiction over OPR's administrative conduct with Berthiaume2:11:32.

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 companies0:29:120:29:36; Grassley countered that Trump receives no taxpayer money and there's no partisan filing requirement0:37:06.

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 is1:29:101:30:03.

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 challenge0:59:111:00:24.

Blumenthal got both nominees to admit they had "practiced" their answers with White House Counsel before the hearing1:31:481:32:06.

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 firm1:49:261:49:44.

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"1:18:141:20:28.

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 Senate1:12:131:14:25.

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 party1:38:281:39:42.

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 survivors2:15:582:16:33.

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 it2:03:242:04:25.

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
Date2026-05-20
TypeOpen Hearing
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript420 caption blocks · 16,008 words · 2:21:02 runtime
EventCongress.gov 338419