President Donald Trump threatened legal action over a Senate tradition Democrats have used to block certain judicial nominees, escalating a long-running dispute with Senate Judiciary Committee Chairman Chuck Grassley (R-IA).
In the Oval Office on Monday, Trump derided the century-old practice of “blue slips,” which allows senators to effectively block prosecutor or district court nominees that a president selects from their home state. He suggested it was “unconstitutional” and said the Justice Department would pursue legal action to end the custom.
Recommended Stories
- Trump again urges Grassley to end 'blue slip' tradition on judicial nominations
- Schiff claims mortgage fraud is Trump's 'new weapon' in latest denial of allegations
- Schiff claims Bolton FBI raid 'clearly retribution' against Trump critics
“We’re also going to be filing a lawsuit on blue slipping,” Trump told reporters. “Blue slips make it impossible for me as president to appoint a judge or U.S. attorney, because they have a gentleman’s agreement. Nothing memorialized. It’s a gentleman’s agreement that’s about 100 years old.”
He added that the only people he can get confirmed in states where there is a Democratic senator are “Democrats or maybe weak Republicans, but we don’t want that.”
“I think it’s unconstitutional, and I’ll probably be filing a suit on that pretty soon,” Trump said.
Blue slip supporters, which include most Senate Republicans, note two portions of the Constitution that they say clearly allow the process. Article 1, Section 5 of the Constitution states “each House may determine the Rules of its Proceedings,” and Article 2, Section 2 states the president shall appoint judicial nominees “by and with the Advice and Consent of the Senate.”
The president has for months feuded over blue slips with Grassley, who supports the process and fired back against criticism Monday in a series of tweets. Trump posted to Truth Social Sunday night that Grassley “should allow strong Republican candidates” by ending blue slips, a tradition that both parties utilize and oppose ending.
“The 100 yr old ‘blue slip’ allows home state senators 2 hv input on US attys & district court judges,” Grassley tweeted. “In Biden admin Republicans kept 30 LIBERALS OFF BENCH THAT PRES TRUMP CAN NOW FILL W CONSERVATIVES.”
Grassley has repeatedly dismissed what he previously called Trump’s “personal insults” that “offended” him.
Trump’s latest frustration with blue slips appeared to be triggered by a federal judge last week determining that Alina Habba, Trump’s former personal defense attorney, was unlawfully appointed by the president to be acting U.S. attorney for New Jersey and that the DOJ improperly took steps to extend her interim tenure that began in March. Sens. Cory Booker (D-NJ) and Andy Kim (D-NJ) used blue slips to deny her a Senate confirmation vote.
Habba criticized the Democratic duo, Grassley, and Sen. Thom Tillis (R-NC) over the weekend for so vehemently defending blue slips.
GRASSLEY DISMISSES TRUMP’S ‘PERSONAL INSULTS’ OVER SENATE BLUE SLIPS
Grassley noted that the White House withdrew Habba’s nomination last month and argued that while he’s been a strong supporter of Trump’s nominees, some have lacked the votes.
“A U.S. Atty/district judge nominee without a blue slip does not hv the votes to get confirmed on the Senate floor & they don’t hv the votes to get out of cmte,” Grassley tweeted. “As chairman I set Pres Trump noms up for SUCCESS NOT FAILURE.”