The White House has struck a deal on a new federal district judge in Tennessee and also appears to have a leading candidate for the new vacancy on the 6th U.S. Circuit Court of Appeals.
Samuel D. Adkisson, who serves in the White House counsel’s office, will be the nominee to replace U.S. District Judge Thomas Varlan in the Eastern District of Tennessee, according to the “Seen, Heard & Whispered” source.
White House counsel Dave Warrington announced the move to colleagues, saying Tennessee’s two GOP senators, Marsha Blackburn and Bill Hagerty, are on board.
The leading candidate for the 6th Circuit vacancy, meanwhile, is T. Elliot Gaiser, currently the head of the Justice Department’s Office of Legal Counsel. That’s the office that serves as the federal government’s internal lawyer, offering opinions on legal moves by the executive branch.
Mr. Gaiser was confirmed to the OLC post last July on a 53-45 vote in the Senate.
The chief question is whether Mr. Gaiser wants the judgeship.
“Elliot has been circumspect about it, but there is no reason for him not to pursue it,” the “Seen, Heard & Whispered” source said.
A White House official told Seen, Heard & Whispered that no deals have been made,the president hasn’t made any selections for either seat, and the counsel’s office hadn’t even begun interviews for either seat at the time the meeting took place.
“Any allegations that David Warrington made deals for these seats are false,” the official said. “The process for these vacancies has just begun and we are working with the home state senators, as we always do, to solicit their candidates and input.”
Mr. Elliot clerked for Justice Samuel A. Alito Jr. and two high-profile circuit judges, plus was solicitor general of Ohio before winning the OLC job.
Mr. Adkisson clerked for Chief Justice John G. Roberts Jr.
He would replace Judge Varlan, a George W. Bush appointee who said last year he will semiretire in October.
Mr. Gaiser would replace Circuit Judge Jeffrey Sutton, another Bush appointee who is also slated to take senior status in October.
The 6th Circuit covers Kentucky, Ohio, Michigan and Tennessee.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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