ST. CROIX — A tense nomination hearing before the U.S. Senate Committee on the Judiciary on Wednesday quickly turned combative, as senators sharply criticized what they described as evasive answers from four judicial nominees — including Evan Rikhye, President Donald Trump’s pick for the U.S. District Court for the District of the Virgin Islands.
At the hearing, held in the Dirksen Senate Office Building, Democrats on the panel accused the nominees of avoiding direct answers on key issues, particularly surrounding whether the U.S. Capital was “attacked” on January 6, 2021, and who won the 2020 presidential election.
Senator Richard Blumenthal (D-CT) delivered one of the most forceful rebukes, describing the answers from all four nominees as “canned,” “prerehearsed,” and “Orwellian in their denial of reality.”
“They are a subversion of this process,” he said. “They’re an insult to this committee, but they also fundamentally show a complete lack of independence and backbone and impartiality, which are the fundamental requirements of a United States District Court judge or a judge on any panel.”
Senator Sheldon Whitehouse (D-RI) echoed that criticism as he addressed the nominees.
“I hope you realize how ridiculous the four of you look spouting these preposterous canned answers in a forum in which (A) you’re supposed to tell the truth and (B) you’re supposed to demonstrate the judicial capacity to make independent factual decisions in hard cases,” he said. “If you can’t even sit here and say that Joe Biden won that election, or that the Capitol was attacked, what’s left? What’s left if a hard case comes your way as a judge, and let’s say the Trump administration is bearing down on that? Why would we ever believe that you would give the litigants a fair hearing and a fair decision if the executive branch was leaning in on you when we can’t get a reasonable answer out of any of you?”
Rikhye, a former federal prosecutor with experience in the Virgin Islands who has since served as senior counsel with Walmart, faced pointed questioning about the January 6, 2021 incident as Blumenthal asked him if the Capital was “attacked.”
“There was violence that occurred here on January 6, senator,” he said.
When pressed further, Rikhye repeated himself. He also did not say who won the 2020 presidential election when asked by Blumenthal.
“As my colleagues have stated, the process we have under the Constitution is a vote by the Electoral College followed by certification,” he said.
Rikhye was also asked by Senator Mazie Hirono (D-HI) about a social media post of an article related to pardons issued to January 6 defendants that he “liked.” When she asked him if he agreed with the pardons, he told her that he did not recall liking the post but that he was familiar with the article. He declined to weigh in on the pardons themselves.
“As a nominee to serve on the court, I believe it would be contrary to the canon of judicial ethics for me to comment on the president’s pardon power,” he said.
Prior to the contentious exchanges, Rikhye emphasized his qualifications and gratitude for the nomination.
“I’m truly humbled and truly grateful for this opportunity,” he said. “I also want to take a moment to thank President Trump for nominating me to serve as a district judge in the District of the Virgin Islands.”
Senators also questioned Rikhye about the unique challenges in the Virgin Islands.
In response to a question from Senator Katie Britt (R-Ala.) about drug trafficking in the territory, Rikhye described two scenarios — trafficking within the territory and interdiction of narcotics trafficking on the high seas. He said he has handled both types of cases, including large maritime drug seizures and local distribution networks.
Senator Marsha Blackburn (R-TN) asked him to discuss some of the territory’s challenges. He pointed out the unique geography, culture, and small size of roughly 85,000 people.
“One of the things I remember from my experience is that every single federal case, even if we as prosecutors didn’t think that it was a very significant case, it had a measurable, significant positive impact on the community,” he said. “And so, I know firsthand how the work that was done in the U.S. Attorney’s Office there, and continues to be done, has a positive impact on the community, on people’s lives. I found that to be very rewarding, and I look forward to the opportunity to serving in a different capacity in the Virgin Islands.”
Rikhye appeared alongside three other judicial nominees: Kara Marie Westercamp for the U.S. Court of International Trade, Kathleen Lane for the U.S. District Court for the District of Montana, and Sheria Akins Clarke for the U.S. District Court for the District of South Carolina.
At the close of the hearing, Senator Chuck Grassley (R-IA), committee chair, said senators will continue reviewing the nominees and submit written questions for the record ahead of a committee vote. The questions may be submitted until April 1.
