Durbin obstruction threat chills Senate as Trump nominees hang in balance

Sen. Dick Durbin warned during the Senate’s first judicial nominee hearing of the year that he would continue to hold up at least one of President Donald Trump’s DOJ nominees.

Sen. Dick Durbin speaks during a Senate Judiciary Committee hearing in 2024. (AP Photo/Mark Schiefelbein)

Any senator has the power to use holds to object to nominations. The practice significantly slows down the confirmation process because it prevents senators from voting for nominees through the typical, expedited unanimous consent process.

Committee Chairman Chuck Grassley, R-Iowa, argued Wednesday that, like Durbin, he too disagreed with Vance’s decision, but Grassley said it was notably different than Durbin's.

"This isn't what you can legitimately call a precedent for blanket obstruction at the beginning of an administration before even a single one of these 93 U.S. attorneys have been filled," Grassley said.

Grassley, who himself has hindered nominees in past administrations, said holds should be used "selectively" and quoted Durbin saying last Congress that "public safety will suffer across the United States" if the obstruction of U.S. attorneys is carried out.

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Senate Minority Leader Chuck Schumer and President Donald Trump (Getty Images)

Trump nominated Davis, a former Grassley aide, to serve as assistant attorney general for the Office of Legislative Affairs, who is responsible for handling DOJ's correspondence with Congress. Schumer said he opposed Davis' nomination in part because the DOJ has been unresponsive to his inquiries about the controversial luxury plane that Qatar gifted to the Trump administration.

"They won’t even answer serious questions about this. This plane should be withdrawn," Schumer said.

He added that when "this Justice Department is as horrible as it is, as political as it is, as destructive of American values as it has been, no way."

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Grassley responded to Schumer on X: "Why would Democrats expect responsiveness to Congress from DOJ when they obstruct Pres Trump’s nominees who r responsible to ANSWER THEIR LTTRS????"

The last two Senate-confirmed heads of the Office of Legislative Affairs, during the Biden administration and first Trump administration, were confirmed through the speedy voice vote process.

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

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