Durbin pressed Aaron Reitz, nominated to be Assistant Attorney General for the Office of Legal Policy; and D. John Sauer, nominated to be Solicitor General of the United States if an elected official may defy a federal court order
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, questioned Justice Department executive nominees at a Senate Judiciary Committee hearing today. Durbin first questioned Aaron Reitz, nominated to be Assistant Attorney General for the Office of Legal Policy (OLP), if he has ever supported the idea that an elected official may defy a federal court order.
In his questioning, Durbin recalled that on March 30, 2020, U.S. District Judge Lee Yeakel, a George W. Bush appointee, temporarily blocked Texas from closing abortion clinics as a response to the COVID-19 outbreak. Mr. Reitz posted on X in response: “Looking for some Andrew Jackson-level leadership on this one. ‘Judge Yeakel has made his decision. Now let him enforce it.’”
“This was an obvious reference to a fictitious story about language supposedly used by [President] Andrew Jackson suggesting he would defy a Supreme Court ruling. Do you stand by your tweet?” Durbin asked.
Mr. Reitz responded, “What this tweet reflects is a conservative view of Article Three and the role of courts and their ability to bind parties that are not litigants to the case before it.”
“Bottom line: Should an elected official be allowed to defy a federal court order?” Durbin again asked.
Mr. Reitz responded, “there are some instances in which a public official is lawfully bound by the holding of a particular court, in which case that official would in fact lawfully be required to be bound by it. I cannot speak for all instances in which that dynamic may or may not be at play given a certain lawsuit.
Durbin said, “That is an incredible statement by someone who wants to be part of the Department of Justice.”
Durbin then directed the same question to John Sauer, nominated to be Solicitor General of the United States. Instead of answering the question, Mr. Sauer stated that he doesn’t “want to speak to hypotheticals.”
“I want to get into it because I think it goes to the heart of the question for future Constitutional challenges we face as a nation. There is a great fear among many people, academics, [and people] in the legal profession as to whether this President would defy a court order, which basically would put him above the law, at least in his own eyes, and I want to know in what circumstances Mr. Reitz and Mr. Sauer [might] justify that conclusion,” Durbin said.
Mr. Sauer concluded by saying “I have represented President Trump for the better part of two years, and I think that is not a plausible scenario.” Mr. Sauer’s comments ignore President Trump’s own statement that “He who saves his Country does not violate any Law.”
Video of Durbin’s questions in Committee is available here.
Audio of Durbin’s questions in Committee is available here.
Footage of Durbin’s questions in Committee is available here for TV Stations.
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