Senate Confirms Another Trump Attorney to Appeals Court Seat

The Senate voted to confirm one of President Donald Trump’s former personal attorneys to the US Court of Appeals for the Eighth Circuit.

Justin Smith’s nomination was approved by a 48-43 vote on Monday. Smith represented Trump in a sexual abuse and defamation case brought by the writer E. Jean Carroll, including in his appeal to the US Supreme Court to overturn a judgment handed down in Carroll’s suit.

Trump has looked to his personal legal teams to fill federal appeals court seats on several occasions during his second term. Judge Emil Bove last year was confirmed to the US Court of Appeals for the Third Circuit, and Sullivan & Cromwell partner Matthew Schwartz’s nomination to the Second Circuit is pending.

Democrats have expressed concern about whether some of Trump’s picks will be more loyal to the president than the law.

“This kind of conflict of interest raises serious questions,” Sen. Dick Durbin (D-Ill.), the top Democrat on the Senate Judiciary Committee, said on the Senate floor ahead of the vote.

Smith during his confirmation hearing responded to questions about his independence, telling the Senate panel he’d received support throughout his career from individuals across the ideological spectrum.

“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—to apply the law and the facts,” Smith said. “That’s the type of judge I would strive to be.”

Smith is from the same Missouri law firm, James Otis Law Group, as two current Trump administration officials: Solicitor General D. John Sauer and White House staff secretary Will Scharf. He previously served as chief of staff and first assistant in the Missouri attorney general’s office when Sen. Eric Schmitt (R-Mo.) held the post.

Smith will fill the seat of Judge Duane Benton, who was nominated by George W. Bush in 2004 and announced last year he would take senior status.

Trump has also nominated Daniel Traynor, currently a judge on the US District Court for the District of North Dakota, to fill another vacancy on the Eighth Circuit.