The Vermont Senate witnessed an unusual moment on Tuesday as Lt. Gov. John Rodgers stepped in to break a tie, confirming Michael Drescher to the Vermont Supreme Court. The decision came amid intense debate over Drescher’s previous role as Vermont’s top federal prosecutor under the Trump administration.
Concerns about Drescher’s past raised ethical questions among senators, particularly due to his involvement in federal cases concerning the detention of students Mohsen Mahdawi and Rümeysa Öztürk. His nomination sparked a rare tie-breaking vote, marking the first such decision in over three decades, as noted by Senate Secretary John Bloomer.
The controversy surrounding Drescher’s nomination was encapsulated by Sen. Nader Hashim, D-Windham, who questioned the limits of the justification, “I was just doing my job.”
In contrast, Christina Nolan, another nominee and former federal prosecutor, was confirmed with less drama, securing a 23-7 vote after little debate. Both Drescher and Nolan were appointed by Gov. Phil Scott, following extensive scrutiny by the Senate Judiciary Committee.
Scott praised the senators who supported his nominees, emphasizing the importance of judicial integrity and independence from political pressures. “Vermonters expect our Supreme Court Justices to be well-qualified, act with integrity, have good character and, most importantly, not allow outside politics to interfere with the confirmation process of a well-qualified candidate,” Scott said in a statement.
Debate Over Drescher’s Nomination
Drescher’s candidacy faced significant opposition due to his role in Mahdawi’s case, which attracted national attention. The case involved Mahdawi, a Palestinian student activist detained in Colchester, creating a legal precedent that heightened scrutiny on Drescher.
The Senate Judiciary Committee initially failed to recommend Drescher, with a split vote that saw only Republican support. Sen. Alison Clarkson, D-Windsor, suggested returning the nomination to the committee, but Sen. Kesha Ram Hinsdale, D-Chittenden Southeast, successfully advocated for a brief recess for deliberation.
During the debates, Sen. Becca White, D-Windsor, expressed her inability to support Drescher, citing the impact of Mahdawi’s detention on her community. White criticized Drescher’s court arguments as “almost morose,” pointing out his decision to represent the Trump administration’s agenda.
However, some Democrats, including Sen. Seth Bongartz and Sen. Rob Plunkett, sided with Republicans to support Drescher. Bongartz argued that Drescher’s involvement in controversial cases demonstrated his courage and integrity, while Plunkett, a prosecutor himself, changed his initial opposition after further consideration.
Plunkett praised Drescher as “a government lawyer who refuses to mislead the court, even when under pressure,” emphasizing the need for a judiciary that remains apolitical.
Despite the intense debate, Rodgers’ deciding vote led to Drescher’s confirmation. Rodgers expressed confidence in his decision, stating, “I stand by my decision. It’s based in knowledge and the fact that I believe this guy is going to be a truly great justice.”
Nolan’s Confirmation
Earlier, senators discussed Nolan’s nomination, which received unanimous support from the Senate Judiciary Committee. Sen. Hashim highlighted Nolan’s qualifications, noting her readiness to move past her political history and serve as a judicial “bulwark.”
Nolan, who served during Trump’s first term, is known for her role in the EB-5 scandal prosecution and a significant $8 billion settlement with Purdue Pharma.
Although she faced criticism for inadvertently bringing a gun to a courthouse, Nolan acknowledged her mistake and completed safety courses and a diversion program, which senators viewed positively.
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This story was originally published by VTDigger and distributed through a partnership with The Associated Press.
