00:01Mr. President, the Senate will soon vote on the nomination of Whitney Hermann Darfer,
00:07President Trump's nominee to serve as judge on the U.S. Court of Appeals for the Sixth Circuit.
00:12In May, the President announced Ms. Hermann Darfer was the very first judicial nominee of his second term.
00:20And now she is the President's first judicial nominee to come to the floor of the Senate.
00:24The President has been clear that his primary concern is not about his judicial nominee's experience, competence, or integrity.
00:34This President is not focused on temperament, independence, or respect for the rule and law.
00:40He's focused on a nominee's perceived loyalty to him and his agenda, and a willingness to rule in favor of him and his administration.
00:50When we consider the President's priorities and Ms. Hermann Darfer's record, it's easy to understand why the President nominated her to serve on the Sixth Circuit.
01:03At the Office of Tennessee Attorney General, Ms. Hermann Darfer leads the Strategic Litigation Unit.
01:10Why is that significant?
01:12She's not just defending state laws in Tennessee.
01:15She's turned the Attorney General's Office into an advocacy arm for the Trump agenda.
01:21She's argued in support of President Trump's unconstitutional executive order that purports to end birthright citizenship.
01:29This executive order has been blocked by every judge who's considered it.
01:35One judge, appointed by a President, Ronald Reagan, I might add, said, and I quote,
01:39I've been on the bench for over four decades.
01:43I can't remember another case where the question presented was as clear as this one.
01:47This is a blatantly unconstitutional order.
01:51End of quote.
01:53And yet, Ms. Hermann Darfer signed amicus briefs in support of that,
01:57in support of the President's unlawful efforts to fire inspectors general on the heads of independent agencies.
02:03Her record makes it clear that if confirmed, she would continue to enable rather than check an administration that has repeatedly exceeded its authority.
02:15Ms. Hermann Darfer also refuses to acknowledge that President Trump lost the 2020 election.
02:21Let me repeat that.
02:22This nominee, who seeks a lifetime appointment to the federal bench, would ask the basic question as to whether Donald Trump won or lost the 2020 election, gave the stock answer.
02:36She refuses to acknowledge that Donald Trump lost.
02:40In response to this simple question, did President Trump lose the 2020 election?
02:46All she could say was, quote, President Biden was certified as the winner of the 2020 presidential election and served as the 46th president of the United States.
02:57End of quote.
02:58This is the standard response from this administration's nominees seeking positions on the federal bench.
03:06It is an embarrassing genuflection before the big lie.
03:10The question of who won the 2020 election is not a matter of political opinion.
03:16It's a matter of historical fact.
03:19The overwhelming majority of my Republican colleagues have correctly recognized that reality.
03:26And we have a right to expect nominees to acknowledge such historic realities as well.
03:32Both President Trump's nominees, including Ms. Hermann Darfer, have been afraid to admit he lost the 2020 election.
03:39Why are they afraid of it?
03:40It's a fact.
03:41They're afraid because it will make him angry.
03:44He may dump their nominations because of the answer to that question.
03:47The fact that she's willing to condone President Trump's false claims further demonstrates a level of partisanship and deference to this president that is unacceptable for someone seeking a lifetime position on the federal bench.
04:02And just in case her political leanings aren't clear enough from her record, Ms. Hermann Darfer also has strong ties to a range of right-wing organizations.
04:12They include the fabled Federalist Society and the Tineo Network.
04:20Tineo Network is a new conservative group funded by Leonard Leo and his affiliated organizations.
04:27You may have heard the name Leonard Leo recently when President Trump called Mr. Leo a sleazebag, and I quote.
04:36Membership in such organizations has been a litmus test for years for Republican nominees.
04:42It's the secret handshake, my friends.
04:45If you belong to the Federalist Society or now this Tineo Network, you're in.
04:52It means that a nominee will use the Republican playbook for deciding important federal cases.
04:57How does it work?
05:00You claim to be neutral, but in fact you contort history and overturn precedents to reach the Republican preferred outcome.
05:09Ms. Hermann Darfer has followed this playbook to a T in the Tennessee Attorney General's office.
05:15She's opposed LGBTQ rights and reproductive rights, as well as environmental and anti-discrimination policies that protect the most vulnerable in America.
05:25I believe we need judges on the bench who will follow the law and the Constitution, not politicians in robes who rule in favor of the President and wealthy special interests.
05:36Finally, I'd like to note that Ms. Hermann Darfer's academic record, though impressive, and her legal record, though extreme, is short.
05:46She graduated from law school in 2015, has fewer than 10 years legal experience,
05:52and outside of her clerkships, she's only practiced law for six years,
05:57and she's seeking a lifetime appointment to a circuit court, one of the highest in the land.
06:02She's never served as sole or chief counsel in any case, any case, tried to verdict, judgment, or final decision.
06:11That is a shocking lack of experience for someone nominated for a lifetime position.
06:16She'll be watching trials for the first time as a judge.
06:22Unfortunately, this kind of experience is common among President Trump's judicial nominees.
06:28Make no mistake, experience is still important.
06:31Robust litigation experience ensures that judicial nominees will be equipped to fulfill their duties.
06:38As an appellate judge, she's going to be standing in judgment of many trial courts.
06:43She has limited experience in that field.
06:47Ms. Hermann Darfer is the first judicial nominee we've considered this Congress.
06:51She won't be the last.
06:53In every instance, we must carefully examine the nominee's record as we consider them for a lifetime appointment.
07:00After carefully reviewing her record, I have serious concerns.
07:03I think my colleagues, if they look at her honestly, will as well.
07:07I urge them to join me in opposing her nomination.
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07:12We'll show him what's challeng about it 24 and 15 years.
07:13Please find it otherwise.
07:15In other words if you're running out there.
07:16We'll show both sides.
07:17And continue to look around for this reason.
07:18I wonder if you will, show up ourileen's best friend.
07:19Bitte if you will.
07:20That's good, sir.
07:20It depends on both sides.
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07:23Praise and caregivers?!
07:23Are you bisa?
07:24Raise your Democrat dismissed.
07:24Or close attention?
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