WASHINGTON (CN) — Just eight years out of law school, President Donald Trump’s nominee to the U.S. District Court for the Middle District of Florida faced a volley of criticism from Democrats on Wednesday after the American Bar Association rated her “not qualified” to take the bench.
Kathryn Kimball Mizelle, currently an attorney at Jones Day, is the 10th Trump nominee to the federal judiciary to receive the unqualified rating from the ABA.
Republicans leaned heavily on her four federal clerkships, including with Supreme Court Justice Clarence Thomas, in arguing Mizelle has what it takes to fill the lifetime appointment. But Democrats raised alarm at the roles encompassing four of the nominee’s eight years of legal experience.
Mizelle has tried just two cases, neither of which she served as lead or co-counsel on, raising repeated questions on her ability to run her own courtroom with adequate first-hand knowledge of federal civil and criminal trials.
Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., who has plowed forward with Trump nominees to the federal bench during the coronavirus pandemic at the objection of his Democratic colleagues, argued the nominee has proven herself to be ready for the lifetime appointment.
“If the past is any indication of the future, we're in good shape with Ms. Mizelle,” Graham said.
Asked by Graham what she has to offer “being a young woman,” the Florida attorney pointed to her experience as a federal prosecutor, during which she tried just 33 cases to verdict.
Ranking member Dianne Feinstein, D-Calif., repeatedly turned to the ABA report stating that “a substantial majority of the Standing Committee has determined that Ms. Mizelle is ‘not qualified.’”
Defending her record, Mizelle pointed to her role prosecuting the largest sex trafficking case ever brought in the Eastern District of Virginia, in which the defendant pleaded guilty on the eve of trial.
“I would have handled the opening [arguments]. I would have handled 15 of the 24 witnesses. So I think it’s litigation experience like that that makes me qualified,” the nominee said.
Declining to speculate on the ABA’s finding, Mizelle dodged questions on the rating and instead highlighted a letter from 200 attorneys, including the former Florida attorney general, supporting her nomination.
Strongly backing the nominee, Republicans praised Mizelle as an accomplished attorney who they said meets, if not exceeds, the qualifications of past nominees from both parties.
“This is a nominee who has worked really hard. I don’t know how she has packed that much experience into that timeframe. This is an exceptionally qualified nominee,” Utah Senator Michael Lee said.
Lee contended that the ABA carries no more weight than any other outside organization, while Graham noted the “not qualified” rating for Mizelle says “nothing about her capabilities or personal attributes.”
Turning to police violence against Black Americans, Senator Dick Durbin, D-Ill., asked Mizelle to address the recent shooting of Jacob Blake and the killings of George Floyd and Breonna Taylor that sparked protests across the country.
“Are these one-off situations, or do they tell us something more important and historic about our system of justice in America?” Durbin said.
Saying that racism, both explicit and implicit, is abhorrent, Mizelle did not respond directly to the question.
“I appreciate the moment it is in history and I condemn all racism. I wouldn't want to take a position on a particular instance in our judicial system. I don't think it would be appropriate for me as an Article III judge to opine on that,” she said.