Senate Judiciary advances former Trump lawyer tapped for Eighth Circuit judgeship

WASHINGTON (CN) — The Senate Judiciary Committee on Thursday advanced President Donald Trump's nominee to fill an Eighth Circuit vacancy — one of his former personal lawyers who faced tough questions from Democrats about his loyalty to his onetime client.

But Justin Smith, tapped in February to join the powerful appellate bench, has insisted that if confirmed he would set aside personal views and treat cases "fairly and impartially."

The Senate's judicial affairs committee voted along party lines, 12-10, to favorably report Smith's nomination to the full chamber. Smith recently represented Trump in his appeal of $88 million in court-ordered damages he owed to author E. Jean Carroll from his high-profile sexual abuse and defamation trials. Before that, he was first assistant to Missouri Senator Eric Schmitt, then the state's attorney general.

Smith's connection to the president has proved a central issue for Democrats during his confirmation process. Speaking during Thursday morning's meeting, Illinois Senator Dick Durbin argued the nominee had been "rewarded for his loyalty" to Trump with a lifetime court appointment.

Durbin, the panel's top Democrat, pointed out that Smith has continued to file motions in the Carroll appeal despite his nomination to the bench. "Just last week, Mr. Smith filed a motion in which he once again challenged the verdicts against the president and supported the Department of Justice effort to intervene," the lawmaker noted.

In a ruling this week, the Second Circuit paused one of the payments owed by Trump — totaling roughly $83 million — so long as the president posted a $7.4 million bond.

During his nomination hearing last month, Smith sought to allay lawmaker concerns about his loyalties, promising that his work representing the president would not follow him to the appellate bench.

"In every case I've been involved in — some of which do have some political issues — I've depended on judges to set aside their personal views and treat my case fairly and impartially, and to apply the law and the facts," he told the Judiciary Committee. "That's the type of judge I would strive to be."

Democrats also pointed to Smith's time working in the Missouri Attorney General's Office, where as Schmitt's chief of staff he assisted the state attorney general's efforts to challenge the results of the 2020 presidential election.

"Mr. Smith has extensive right-wing political affiliations and ties to dark money entities," Durbin said Thursday. "His record shows he'll continue to prioritize these issues over the cause of justice."

But Schmitt, who sits on the Judiciary Committee, went to bat for his former aide, telling his colleagues that Smith was an "extremely qualified candidate" for the Eighth Circuit. "He was my first assistant when I was attorney general, and he understands the proper role of the judiciary," the Missouri Republican said. "He will be an excellent Eighth Circuit judge."

Judiciary Committee chairman Chuck Grassley concurred, saying Smith and other Trump nominees the panel considered Thursday had "dedicated their careers" to upholding the rule of law.

"They reflect precisely what a healthy and impartial judiciary should be," said the Iowa senator.

Smith is the third Trump administration judicial nominee to have spent time on the president's personal legal team. The White House in April tapped Matthew Schwartz, a partner at Sullivan & Cromwell and one of Trump's former attorneys, for a vacancy on the Second Circuit.

And Emil Bove, another onetime Trump lawyer and Justice Department official, was confirmed last year to the Third Circuit following a controversial nomination process. Democrats at the time contended that the Justice Department put its finger on the scales to get Bove on the federal bench — then-Attorney General Pam Bondi and Deputy Attorney General Todd Blanche attended his Judiciary Committee confirmation hearing in a highly unusual move.

The Justice Department said at the time that claims the officials' presence at the hearing was a pressure tactic on Senate Republicans was "hilariously cynical and conspiratorial."

Blanche, now serving as acting attorney general after Trump fired Bondi last month, is also one of the president's former personal lawyers.