‘Demoralizing’ dispute: Trump rejects his own nominee’s team on what Gorsuch told senators

Dylan Stableford
·Senior Writer

President Trump lashed out at Sen. Richard Blumenthal, D-Conn., on Thursday after the lawmaker said Judge Neil Gorsuch, Trump’s nominee for the Supreme Court, had called the president’s criticism of judges “demoralizing” and “disheartening.”

“Sen. Richard Blumenthal, who never fought in Vietnam when he said for years he had (major lie), now misrepresents what Judge Gorsuch told him?” Trump tweeted.

Yet according to former New Hampshire Sen. Kelly Ayotte, who is leading the White House team working to confirm Trump’s pick, Gorsuch indeed used those words to describe “any criticism of a judge’s integrity.” And Trump has indeed repeatedly laced into the integrity of federal judges who have so far stymied his immigration ban.

“Judge Gorsuch has made it very clear in all of his discussions with senators, including Sen. Blumenthal, that he could not comment on any specific cases and that judicial ethics prevent him from commenting on political matters,” Ayotte said in a statement. “He has also emphasized the importance of an independent judiciary, and while he made clear that he was not referring to any specific case, he said that he finds any criticism of a judge’s integrity and independence disheartening and demoralizing.”

Sen. Ben Sasse, R-Neb., said that Gorsuch criticized Trump’s attacks in a meeting with him as well.

“He said any attack on any brothers or sisters of the robe is an attack on all judges,” Sasse said on MSNBC’s “Morning Joe” Thursday. “He believes in an independent judiciary.”

Senate Minority Leader Chuck Schumer also said Gorsuch told him he was disheartened by the president’s comments.

And a White House official confirmed Gorsuch’s comments to a wide range of media outlets.

Gorsuch’s rebuke of Trump came on the heels of the president’s criticism of James Robart, the federal judge who issued a restraining order against his controversial executive order banning immigration from seven predominantly Muslim countries.

“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” Trump tweeted. “What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?”

The U.S. government appealed the ruling, and a decision from the 9th Circuit Court of Appeals is expected soon. And Trump blasted the appeals court on Wednesday for its sometimes “political” approach to the White House’s position during hearings the day before.

“I don’t ever want to call a court biased, so I won’t call it biased,” Trump said during a gathering of police chiefs and sheriffs in Washington, D.C. “And we haven’t had a decision yet. But courts seem to be so political, and it would be so great for our justice system if they would be able to read a statement and do what’s right.”

Meanwhile, Blumenthal said Thursday that Gorsuch’s private assessment of Trump’s attacks on the judiciary is “not enough.”

“I think that telling me he finds these attacks to be demoralizing or disheartening behind closed doors is not enough,” Blumenthal said on CNN. “He needs to make that statement publicly and condemn this attack on the judiciary and show the American public that he will be independent.”

During a “SCOTUS listening session” at the White House early Thursday afternoon, Trump reiterated his attack on Blumenthal.

“His comments were misrepresented,” the president told reporters. “And what you should do is ask Sen. Blumenthal about his Vietnam record, which didn’t exist.”

Trump steps back as Neil Gorsuch approaches the podium to speak after being nominated to be an associate justice of the U.S. Supreme Court at the White House, Jan. 31, 2017. (Carlos Barria/Reuters)
President Trump steps back as Neil Gorsuch approaches the podium at the White House after being nominated to the Supreme Court on Jan. 31. (Carlos Barria/Reuters)

But Blumenthal’s misrepresentation of his military service was well-documented.

In 2010, Blumenthal apologized for repeatedly claiming he had served in Vietnam after the the New York Times reported he obtained at least five military deferments between 1965 and 1970 to avoid going to war.

“On a few occasions, I have misspoken about my service and I regret that,” Blumenthal said at the time. “I take full responsibility, but I will not allow anyone to take a few misplaced words and impugn my record of military service.”

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