Trump DOJ Nominees Grilled on Defying Court Orders and National Security

Questioning Judicial Authority

• 🏛️ Senator Dick Durbin questioned Trump's DOJ nominees on whether the President or the executive branch can lawfully defy a court order.
• ✅ Nominees generally agreed that parties to litigation should comply with court orders and appeal if they disagree.
• ⚖️ Mr. True meant stated he would always advise a client to comply with court orders, and if disagreed, to appeal or seek a stay.

National Security Breach Concerns

• 🚨 Durbin raised concerns about a security breach where the Defense Secretary and cabinet officials allegedly discussed highly sensitive military plans over a commercial messaging app.
• 🔒 He emphasized that mishandling classified information is a criminal violation of the Espionage Act.
• ❓ Nominees, including Mr. Eisenberg, stated the department should investigate but were hesitant to commit to specific actions without knowing the full facts.

Independent Agencies and Removal Powers

• 🏢 Senator Durbin questioned Mr. Schuhate's past arguments that nearly all modern independent agencies are unconstitutional due to for-cause removal protections.
• 🏛️ Durbin noted this position contradicts the Supreme Court's ruling in Humphrey's Executor, which upheld such protections.
• 🤫 Mr. Schuhate declined to discuss specific conversations or advice given regarding the plan to overturn Humphrey's Executor, citing the need to protect the deliberative process.

January 6th Rioters and Compensation

• 💥 Durbin asked Mr. Schuhate about the possibility of compensating January 6th rioters, a matter potentially falling under the Civil Division's jurisdiction.
• 🚫 Mr. Schuhate stated he was unfamiliar with any such comments and that it would be inappropriate to commit to a resolution without internal consultation.
• 👮 Durbin expressed his view that law enforcement officials who were attacked should be prioritized, and the rioters are not entitled to compensation.