Hastert judge also donated to his campaigns The donations could fuel questions about the judge’s impartiality in the case.

The federal judge assigned to preside over the criminal case against former House Speaker Dennis Hastert (R-Ill.) donated at least twice to Hastert’s congressional campaigns, federal campaign finance records show.

U.S. District Court Judge Thomas Durkin gave Hastert for Congress $500 in 2002 and $1000 in 2004, according to the Federal Election Commission.


The donations could fuel questions about the judge’s impartiality in the case. News outlets have already noted that the judge’s brother is a prominent figure in the state’s GOP leadership. Jim Durkin serves as minority leader in the Illinois House, a post he was elected to in 2013.

Thomas Durkin made the donations while he was a partner at a private law firm, Mayer Brown. He also donated similar sums to a smattering of other GOP campaigns, including his brother’s unsuccessful bid for the U.S. Senate in 2002 and Sen. John McCain’s presidential bid in 2008.

Despite those GOP links, President Barack Obama nominated Thomas Durkin to the bench in May of 2012. He was confirmed by the Senate in December of that year.

A court spokeswoman did not immediately respond to a request for comment on the donations.

A prominent legal ethics expert said Monday that the gifts aren’t the kind of connection that would require a judge to step aside, though Durkin may decide to tell Hastert and the prosecution about the political activity on the record and see if either side objects.

“I don’t think it’s a problem, but I’m all favor of disclosure,” said New York University law professor Stephen Gillers. “Donating $2000 to a political campaign is a not a basis to question the judge’s impartiality when a candidate becomes a defendant.”

Still, Gillers said he would not be surprised if the judge mentions the donations in court. “He could ask if anyone has a problem with that. Certainly, the government won’t have a problem with that,” the professor said.

Hastert, the longest-serving Republican House speaker in U.S. history, was indicted Thursday on charges he schemed to cover up nearly $1 million in cash payments he made to a longtime acquaintance to compensate for and conceal what prosecutors call “prior misconduct.” The indictment did not name the person who received the payments, identified only as Individual A.

The indictment charges that Hastert agreed in 2010 to pay the unnamed individual $3.5 million over the misconduct. Prosecutors say Hastert carried out the deal by withdrawing cash from various banks in $50,000 increments, but reduced the amount of the withdrawals to under $10,000 after bank officials questioned him about the large withdrawals, which must be reported to authorities.

Hastert faces one count of structuring the withdrawals to avoid those reporting requirements and one count of lying to the FBI by saying he kept the cash because of fears about the banking system.

Hastert has made no public comment about the charges since he denied to POLITICO last month that he was under investigation over the payments. Lawyers representing him in a civil case have not responded to requests for comment.

One of those lawyers, Hastert’s son Ethan, is a partner at Mayer Brown — which happens to be the same firm Durkin worked at before he was appointed to the federal bench.

Before heading to the private sector, Durkin spent 13 years as a federal prosecutor in Chicago and took part in several prominent political corruption trials.

This article tagged under: Dennis Hastert