NORTH CAROLINA -- Sen. Tim Scott, a Republican from South Carolina, announced Thursday he will not support the president's pick for a North Carolina judge, effectively sinking the nomination.
- President Donald Trump selected Thomas Farr to fill a seat on North Carolina's Eastern District Court that has remained empty for more than a decade.
- Announcing his decision, Scott, who is the only African American Republican in the upper chamber, cited concerns about a DOJ document dating back to the 1990s.
- Although his nomination is effectively derailed, the president could renominate Farr next Congress when Republicans control more seats in the Senate.
President Donald Trump selected Thomas Farr to fill a seat on North Carolina's Eastern District Court that has remained empty for more than a decade.
Announcing his decision, Scott, who is the only African-American Republican in the upper chamber, cited concerns about a DOJ document dating back to the 1990s.
"This week, a Department of Justice memo written under President George H.W. Bush was released that shed new light on Mr. Farr's activities," Scott said in a statement. "This, in turn, created more concerns. Weighing these important factors, this afternoon I concluded that I could not support Mr. Farr's nomination."
That memo, published earlier this week by the Washington Post, dealt with a DOJ complaint against the Jesse Helms (R-NC) campaign for postcards sent to African Americans that aimed to intimidate them from voting.
Farr worked for the Helms campaign, though denies involvement in creating the postcards.
Farr also worked to defend the North Carolina General Assembly a few years ago, after they passed legislation dealign with voting rights. That legislation was struck down by a court, which said it targeted African Americans with 'almost surgical precision.'
Farr's confirmation process has been a contentious one on the Hill, with civil rights groups like the NAACP joining with Democrats in arguing that Farr's history make him unfit to serve.
Both Republican Senators from North Carolina supported the nominee, calling him highly qualified.
In a statement reacting to Scott's decision to vote 'no', Sen. Thom Tillis wrote, "I’m disappointed that my colleagues didn’t reach the same conclusion as the American Bar Association, which unanimously awarded Tom Farr with its highest rating for his impeccable qualifications and character, a testament to being a widely respected lawyer deeply committed to the fair and equal application of the law.”
Sen. Richard Burr's office declined to comment on Scott's decision.
Farr overcame a procedural hurdle on the Senate floor Wednesday, but only with the help of Vice President Mike Pence, who cast a tie-breaking vote to advance the nomination.
Arizona Sen. Jeff Flake was the only Republican to oppose his procedural advancement. He has promised to oppose all judicial nominees until the full Senate voted on a bill aimed at protecting the Mueller investigation.
With all the Democrats - and the two Independents that caucus with them - opposing Farr's nomination, Republicans could only afford to lose one vote. Between Flake and Scott, the nomination is effectively sunk.
In a statement, Rep. GK Butterfield, one of North Carolina's three congressional Democrats, offered praise for Scott.
"I commend Senator Scott and other Senators who took a firm stand to protect the integrity of the federal judiciary by refusing to confirm Thomas Farr," he wrote. "Simply put, Thomas Farr was unfit to be nominated and unfit to serve as a federal judge."
In a statement, the North Carolina Republican Party Chairman pledged to continue to work to see Farr confirmed: "We have known Tom Farr for decades. He is fundamentally an honest, decent and honorable man, who did nothing to deserve the assault on his character."
Although his nomination is effectively derailed, the president could renominate Farr next Congress when Republicans control more seats in the Senate.