Conspiracy theorist Kara Westercamp is about to become a lifetime federal judge
In social media posts, Westercamp has spread lies about the 2020 election, insurrection, and more.
Hours before the president is scheduled to address the nation and spread election-related conspiracy theories, the Senate on Thursday afternoon voted to invoke cloture on the nomination of Kara Westercamp to serve on the U.S. Court of International Trade. In social media posts, Westercamp has questioned the results of the 2020 election — spreading conspiracy theories about that election and the January 6 attack on the U.S. Capitol.
Republican Senators Susan Collins and Rand Paul voted no. Westercamp’s confirmation to serve in a life-tenured position on this court could come as soon as Monday, July 20.
Westercamp was rated Qualified by the American Bar Association’s Standing Committee on the Federal Judiciary, though a minority of the committee found her to be Not Qualified. Concerns about her temperament surfaced during her confirmation hearing, especially with respect to her history of posting and amplifying biased political content and conspiracies on Twitter.
During the hearing, Senator Dick Durbin discussed the Supreme Court’s then-recent decision on the president’s tariffs and Trump’s subsequent social media attacks on the justices who ruled against him. “After losing before the Supreme Court, he wants to stack the courts, including the CIT, with MAGA loyalists who will rule in his favor and not give the refunds back to businesses and individuals,” Senator Durbin stated. “Today, the committee will consider the nomination of Kara Westercamp for a lifetime appointment to this court. Based on her record, it appears she will be faithful to the president. How about her faithfulness to the rule of law?”
He discussed Westercamp’s past tweets and retweets, some of which had previously been documented by Balls and Strikes here. Westercamp’s Twitter profile, at one point, included the #MAGA hashtag, and her posts often included hashtags like #TrumpTrain and #DrainTheSwamp.
“Ms. Westercamp’s social media account reads like a Trump fanfiction — questioning the outcome of the 2020 election, whitewashing the January 6 attack on the Capitol, and attacking Chief Justice Roberts for not being sufficiently conservative,” Senator Durbin said. He then provided examples, including multiple tweets claiming Democrats cheated to win the 2020 election, repeatedly calling Senator Mitch McConnell “Cocaine Mitch” and accusing him of “betraying Trump,” and attacking Senators Susan Collins and Lindsey Graham.
“This shameless display of extreme rhetoric does not reflect independence or judicial temperament required for a lifetime appointment to the federal bench,” Senator Durbin said. Noting her “prolific, inflammatory social media career” filled with “personal attacks on multiple members of the Senate,” he asked Westercamp whether she would like to apologize to senators and others who she’s posted about on social media.
Westercamp said she would, stating the following:
Yes, senator. And if I may: Any comments I made were in my personal capacity as a private citizen, but in hindsight, I think that using Twitter is not the right platform, especially retweets from someone I don’t know regarding political opinions, controversial topics, or even characterizations of people. And so I do sincerely apologize for those posts, and if confirmed, senator, I would faithfully uphold the judicial canons, which include avoiding any appearance of impropriety, and that would include social media. And I’ve also seriously considered…just completely deactivating Twitter.
Senator Durbin then noted that Westercamp “used social media to spread conspiracy theories” about the insurrection, including that “law enforcement was complicit in the violence” — and that she appeared to agree with a tweet that said the attack was “orchestrated by members of the Senate and members of the Capitol Police.” According to Senator Durbin, she also downplayed the violence on January 6, including assaults on law enforcement, by retweeting and posting that “we’re all supposed to be sending thoughts and prayers to traumatized members of Congress, whose workday was interrupted for a couple of hours.”
When asked if she was willing to denounce the violence on January 6, she stated that “I condemn all violence that occurred on January 6, and in addition, I think for what you quoted, senator, I think that is endemic of how it is not proper to use retweets from someone or from people I don’t know regarding such a controversial topic.” When asked if she would apologize to law enforcement officers for spreading the lie that they were complicit in the violence, she repeated that she condemned the violence and regretted the retweets — but she did not directly apologize.
Senator Peter Welch asked Westercamp about her social media messages as well, including a post she retweeted from former Trump advisor George Papadopoulos that said — quoting Ulysses S. Grant — “There are but two parties now: traitors and patriots.” Senator Welch repeatedly asked Westercamp to identify who are the traitors and who are the patriots, but she deflected every time. “Unbelievable,” Senator Welch said. “You made an active decision to amplify a tweet. You thought other people should see it” — later adding, “You did this. You did it. You hit send.”
Senator Welch also asked her about a post she retweeted that read, in part, “big distinction between us and the party of hate.” Westercamp said that she doesn’t agree with everything that’s been retweeted in the past. “Do you agree with anything you did in the past? You have to figure that out,” Senator Welch replied.
During his questioning, Senator Durbin emphasized why these questions were being asked:
What we’re trying to get to is whether you have the temperament for a lifetime appointment as a judge with extraordinary authority and power in that appointment. We don’t know — as we vote and send off judges to do their duty — whether they’re going to keep their word before us. We look at their background, we look at their values, and try to draw a conclusion as to whether they are stable and dependent, and whether or not they should have the authority and power for a lifetime on the federal bench.
In written questions for the record, senators asked additional questions about Westercamp’s tweets. And in her responses, Westercamp asked senators — and all of us — to believe that she didn’t really mean what she wrote and amplified in those posts.
Here are some of the tweets and retweets she was questioned about:
“You’re a modern-day Benedict Arnold. But he at least dressed better!” — as a reply to a post from Senator McConnell in which he thanked Capitol Police and other personnel ahead of Biden’s inauguration
She retweeted: “RT if you believe we should remove the 7 Republicans who voted to impeach President Trump.” — a reference to the senators who had voted that day in favor of Trump’s impeachment
She retweeted: “There was a reason the autopsy of Officer Sicknick was withheld and it’s the same reason the 14,000 hours of footage of what happened on January 6th is being withheld...spoiler alert...it destroys the ‘violent/deadly insurrection’ narrative.” Westercamp said “I regret the rhetoric and tone used in retweets. I do not agree with the sentiment expressed in this retweet from July 2021.”
She retweeted posts that said “Justice Roberts is a lib” and “Chief Justice John Roberts is a liberal. Now you know. Happy Thanksgiving.” Westercamp said she didn’t “know what the original authors of the tweets thought when I made the retweets.”
She retweeted: “Apparently …Amy Coney Barrett and Brett Kavanaugh don’t recall how hard President Trump fought for them.”
In response to a post asking people to “describe the Democrat Party in one word,” she wrote: “Anti-American.” She also once posted a tweet that included the hashtag #DemocratsHateAmerica. Westercamp wrote that “I regret the rhetoric, tone, and hashtags that I may have used in tweets from many years ago. I do not agree that the Democratic Party is anti-American.”
In November 2020, she replied to a tweet from Mike Davis in which he claimed that voting irregularities “always seem to benefit Democrat candidates.” She commented in response, “Strange, or just a typical day in the handy guide for ‘How Democrats “Win” Elections.’” Her comment included a GIF that stated, “If you cheat, you will win.” Westercamp said “I regret the rhetoric and tone I used in this tweet from nearly six years. I do not agree with the statement I made in my reply to Mr. Davis nor the GIF that I used.”
On November 14, 2020, she tweeted at least twice about attending the “Million MAGA March,” a gathering of thousands of Trump supporters protesting the election results. Westercamp wrote in her responses to questions that “I do not agree with the sentiment behind the organization of the march.”
About Senator Graham, she tweeted: “You’re like the Charlie Brown teacher that no one can understand what’s being said and there’s no action from it. Your history shows that you’re true to NO ONE, but your own self-preservation.” Westercamp wrote that “At the hearing, I sincerely apologized to Senator Graham during Ranking Member Durbin’s questioning of me. I regret the rhetoric and tone I used in this tweet and I deeply respect Senator Graham for all the work he has done in the Senate and on this Committee.”
About Mitt Romney, she tweeted: “it’s so refreshing when you pretend to be a Republican.” Westercamp wrote that “I respect former Senator Romney and remember meeting him in Cedar Rapids, Iowa, during a campaign event in 2008, where we boxed food together for the homeless.”
Additionally, Senator Mazie Hirono asked Westercamp about five partisan tweets she posted and asked her to confirm whether she sent the messages at the time indicated. Even though Senator Hirono’s question didn’t include time zones, Westercamp replied that “No, the tweets were not made at the referenced times. According to my twitter account, all of the tweets were exactly three hours later.” She didn’t comment on the substance of the messages, including one that said: “I am so ready for this! When @realDonaldTrump gets re-elected, not only will he get more district and circuit court appointments, but maybe also another SCOTUS appointment (or two!).”
Westercamp repeatedly had to write that she regretted the tone and rhetoric of previous messages she tweeted or retweeted, saying that “I have reviewed the Committee on Codes of Conduct Advisory Opinion on the Use of Electronic Social Media by Judges. After considering that guidance, and in light of my status as a judicial nominee, I have deactivated my X account.”
“I have sought to uphold high standards of professionalism throughout my career,” she wrote 10 separate times throughout her responses.
Refusal to directly answer questions related to the 2020 election and insurrection
During the hearing, Senator Richard Blumenthal asked the nominees questions about the 2020 election and January 6. He started with Westercamp — asking her who won the 2020 election.
“Senator, under our Constitution, the Electoral College votes for the president, and then that is certified by Congress. And in 2020, President Biden was certified by the Electoral…” Senator Blumenthal cut her off. “That’s not my question. Who won the election?” Westercamp began to give the same response, and Senator Blumenthal jumped back in. “I know who was certified,” he said. “And I know what you think of certification, because you tweeted on January 6 in a post saying, in reference to the 2020 election results: a certified lie is still a lie. I’m asking you: Who won the 2020 election?”
It didn’t go well. “I’m not asking you for what the Constitution says. I am asking you for your view factually,” Senator Blumenthal said. “And frankly, we’ve received this kind of canned, ridiculous answer before, as you know, because you were instructed to give this answer, right?” When Senator Blumenthal asked her whether the United States Capitol was attacked on January 6, Westercamp would only say that “I condemn all of the violence that occurred on January 6.”
“I am amazed. I am just amazed by the insult to this committee, of witness after witness, seeking to be a federal judge — subverting our Constitution and showing how you have no independence, which is essential to a federal judge,” Senator Blumenthal said.
“The answers here, which obviously are canned — they’re pre-rehearsed, they’re Orwellian in their denial of reality, and they are a subversion of this process. 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 Blumenthal stated. “And I’m a little bit disappointed that you’re not more original, that you can’t think of a few different words. I’m just amazed.”
Senator Sheldon Whitehouse also commented on what had just transpired:
Just to finish Senator Blumenthal’s point, 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. 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 with the executive branch leaning in on you to give these ridiculous answers today?
In responses to written questions, Westercamp continued to dodge. When asked multiple questions about whether Biden won — or Trump lost — the 2020 election, she wrote:
President Biden was certified as the winner of the 2020 presidential election and served as the 46th President of the United States. To the extent this question seeks to elicit an answer that could be taken as opining on the broader political or policy debate regarding the conduct of the 2020 presidential election or on statements by any political figures, my response, consistent with the position of prior nominees when asked questions regarding the 2020 election, is that it would be improper to offer any such comment as a judicial nominee. See Code of Conduct of U.S. Judges, Canons 3(A)(6), 5.
When asked whether she denounces the January 6 insurrection, she stated:
As I testified to during my hearing, I condemn all violence that occurred on January 6, 2021. Further, I personally think it is wrong for anyone to ever trespass on Federal property, no matter the reason. I have worked at Federal buildings for 14 years (12 years at the Department of Justice and White House and two years as a law clerk) of my 17-year legal career, and I appreciate the various law enforcement personnel who have kept those buildings and their occupants safe. However, the characterization of the events on January 6, 2021, is a subject of political debate and is involved in pending litigation. Accordingly, as a judicial nominee, it is impermissible for me to opine on any political issues or comment on any pending litigation. See Code of Conduct for U.S. Judges, Canon 3(A)(6), 5.
The Senate will vote on Westercamp’s confirmation — at a time to be determined by Senate leadership — no earlier than Monday, July 20.