Norton Says Trump Administration and Senate Republicans Are Moving D.C. District Court Nominees Due to D.C.’s Lack of Senate Representation

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) said that today's Senate confirmation of Trevor N. McFadden to the U.S. District Court for the District of Columbia demonstrates that the Trump administration and Senate Republicans are moving D.C.'s nominees first because that is the path of least resistance, since D.C. lacks Senate representation. The Senate has now confirmed two D.C. district court nominees, but only two nominees for other district courts in the United States, both of whom are from states with two Republican senators. Thus far, the Senate Judiciary Committee has been observing the traditional "blue-slip" process, which requires both home-state senators to sign off before the committee will consider a nominee. Unlike the last three administrations, the Trump administration has not provided Norton with any role in the nomination of federal judges and law enforcement officials in the District. The Trump Administration initially did not even offer Norton courtesy meetings with the nominees. However, after Norton protested and after her office worked with the offices of Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) and committee member Senator Dick Durbin (D-IL), all three D.C. district court nominees met with Norton before their committee votes.

"Because of our contacts with Senate Judiciary Democrats, Trump nominees for federal positions here do meet with me; however, the Trump Administration and Senate Republicans continue to exclude D.C. from the nominating process for our local district court judges and are moving quickly on our court with nominees on whom we have had limited say," Norton said. "I have no reason to oppose the D.C. nominees, but I have not been given the opportunity to fully vet them. D.C. is doubly disenfranchised in the nominating process—the Trump Administration has refused to consult with me on the appointment of key federal officials in D.C., and D.C.'s lack of Senate representation excludes us altogether from the blue-slip process by which Senators can either support or block local nominees from moving forward. The Trump administration and Senate Republicans need to give D.C. residents a more meaningful role in the nomination of federal officials who serve our city."

In March, Norton wrote Trump requesting that he extend her the courtesy of consulting on the appointment of key federal officials in D.C.—including federal district court judges, the U.S. Attorney and the U.S. Marshals—the same courtesy extended to her by President George W. Bush. Presidents Clinton and Obama extended Norton "senatorial courtesy" to recommend these federal officials in the same manner as Democratic senators, and all of Norton's recommendations were D.C. residents or committed to residing in the District during their terms. Using the senatorial authority granted by Presidents Clinton and Obama, Norton formed her Federal Law Enforcement Nominating Commission, comprised of distinguished lawyers and laypeople from every ward, chaired by Pauline Schneider, a former president of the D.C. Bar, to screen and recommend candidates. Norton interviewed commission-vetted candidates and submitted names to the president from a list recommended by the commission.

To date, Trump has nominated five officials for positions in D.C.—four to the federal district court and the U.S. Attorney, but four of them are not D.C. residents. McFadden is not a D.C. resident, and only Timothy Kelly is a D.C. resident. In September, the Senate confirmed Kelly to the D.C. District Court and Jessie Liu as U.S. Attorney to D.C. Under federal law, in nearly every U.S. jurisdiction, federal district court judges, U.S. Attorneys and U.S. Marshals are required to reside within the jurisdictions where they have been appointed—but no such residency requirement exists for officials serving in the District. In April, Norton introduced a bill to require these officials serving in D.C. to live in D.C. The bill is part of her "Free and Equal D.C." series of legislation, which insists on equal rights for D.C. residents, which is possible under the Home Rule Act even before the District achieves statehood.