Durbin Questions Witnesses In Judiciary Subcommittee Hearing On Censorship

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned witnesses during the Senate Judiciary Subcommittee on the Constitution hearing entitled “The Censorship Industrial Complex.” 

Durbin began by asking Benjamin Weingarten, a Commentator and Senior Contributor to The Federalist, about the January 6 insurrection at the Capitol. Mr. Weingarten has written about the existence of a so-called Censorship Industrial Complex that he believes has been directed by the Biden Administration. As part of this, Weingarten has stated, “the Capitol riot fueled the war on wrongthink” and that “[c]lemency for Capitol rioters, perhaps above all other opening actions [by the Trump Administration], should represent the start of the end of that war.”

“Do you think the January 6 riot at the Capitol was protected free speech?” Durbin asked.

Mr. Weingarten responded, “I think to the extent there was peaceful protest, that is free speech, and when it bleeds into violence to action, that’s when it certainly crosses a line.”

Durbin responded, “You believe that some of the individuals who received full and unconditional pardons by the President of the United States had in fact crossed the line and were guilty of criminal conduct?”

Mr. Weingarten stated that “some people [on January 6] committed crimes.”

“They certainly did [commit crimes]—140 policemen were assaulted by these rioters. I’m on the policemen’s side and I hope you are too,” said Durbin.

Durbin then asked about Mr. Weingarten’s “whole-of-society war” rhetoric and what it means. Mr. Weingarten said it’s when “government is working hand-in-hand with civil society to achieve some sort of outcome.”

“Do you think that’s inherently wrong or insidious?” Durbin asked.

Mr. Weingarten responded, “On its face, it’s potentially chilling when you have government and civil society working hand-in-glove because that blurring of the line between civil society and the state can cross into potentially draconian methods and outcomes.”

Durbin then asked about whether Mr. Weingarten’s definition of “whole-of-society-war” is in line with the former President George W. Bush’s actions following 9/11.

Durbin then asked Dr. Mary Anne Franks, a Professor at George Washington University Law School, about the Trump Administration’s attacks on law firms. The Trump Administration has recently targeted several law firms for their association with the President’s perceived enemies, including Perkins Coie and Paul Weiss. Reportedly, the Administration has created a list of more than a dozen firms that it may target.

“I think this attack on law firms for representing unpopular clients—unpopular with this Administration—is one of the most dangerous developments I’ve seen and the violation of basic free speech… What do you think about the future of legal representation at these law firms, at least one of them has reached a settlement with the Trump Administration?” Durbin asked.

Dr. Franks responded, “I very much share your alarm about those actions because as you mentioned, access to the courts is a very key principle of our freedoms, and to threaten law firms that are trying to do what all of us should rely on which is to defend people’s rights in court, is extremely chilling.”

Durbin concluded by asking Gabe Rottman, Vice President of Policy at the Reporters Committee for Freedom of the Press (RCFP), about the Trump Administration’s views on freedom of the press. The Trump White House recently refused to allow the Associated Press (AP) in the White House press pool for using “Gulf of Mexico” instead of “Gulf of America.”

“You use the term ‘Gulf of Mexico’ [and] you’re not welcome in the White House,” Durbin said.

Mr. Rottman responded, “it’s explicit viewpoint discrimination that underpins retaliatory actions by the White House and that makes it a First Amendment violation.”

Video of Durbin’s questions in Committee is available here.

Audio of Durbin’s questions in Committee is available here.

Footage of Durbin’s questions in Committee is available here for TV Stations.

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