Senator Cotton Points Out Democrats' Absurdity and a Big Lie

If you only have time (or the desire) to watch one Senator “question” Attorney General Sessions in today’s hearing before the Senate Select Committee on Intelligence, may I suggest watching Senator Cotton. 

Sen. Tom Cotton (R-Ark.) comically mocked the allegations that Attorney General Jeff Sessions colluded with the Russians during a campaign event at the Mayflower Hotel in Washington during a campaign event last April. . . . “Do you like spy fiction? Do you like Jason Bourne or James Bond movies?” Cotton continued before slamming the probe.

“Have you ever, ever in any of these fantastical situations heard of a plot line so ridiculous that a sitting United States senator and an ambassador of a foreign government colluded at an open setting with hundreds of other people to pull off the greatest caper in the history of espionage?” he asked, prompting Sessions to laugh for the first time during the Senate Intelligence Committee hearing.

More seriously, Senator Cotton pointed out one of the many lies of the Democrats in this matter that may be overlooked:

"For the record, as stated earlier, the Republican platform was weakened on the point of arms for Ukraine. That’s incorrect,” the Arkansas senator said. “It was actually strengthened. I would add it was the Democratic president who refused requests to supply arms to Ukraine.” 

As Byron York detailed:

The wildest expression of the theory came, as it often does, from MSNBC's Rachel Maddow, who told viewers on March 8 that "something weird" happened to the GOP platform on "that Ukraine and Russia thing" when the Trump team "jumped right up on that and they insisted that that plank only, that one, had to be taken out, that language could not stand." . . .

As it turns out, a look at the original draft of the platform — which has never been released publicly — shows that it always had tough language on Russian aggression in Ukraine. And not only did that language stay in the final platform — nothing was taken out — it was actually strengthened, not weakened, as a result of events at the convention.

As the Daily Caller adds on the Obama Administration:

Cotton’s claim that former President Barack Obama prevented lethal arms aid to Ukraine is also accurate. The Obama administration avoided sending offensive weapons to Ukraine out of fear that they would escalate the conflict, despite bipartisan support for such a measure.

Senator Cotton, through pointing out both absurdity and facts, proved once again Democrats are not interested in the truth but in playing the worst form of politics.

Senator Graham Exposes the Ridiculousness of the Partisan Motives of Senate Democrats

Right now, Senate Democrats are engaging in an overnight marathon Senate session to disparage Senator Jeff Sessions before his confirmation vote as Attorney General. Senator Lindsey Graham spoke on the Senate floor in support of Jeff Sessions for Attorney General earlier today. Senator Graham completely destroyed the "more substantive" arguments of the Democrats against Senator Sessions.

A few highlights: first, Senator Graham fought against the charge that Senator Sessions is biased because he is too close to President Trump, whom Senator Sessions endorsed:   

I would expect that the attorney general nominee know the president well before they're chosen.  This idea that Senator Sessions was close to President Trump during the campaign is somehow a disqualifier makes absolutely zero sense to me.  The bottom line is that's exactly the kind of people you would expect the president to pick, someone who has been on their team, someone they know, someone they believe in to carry out the duties of the offices that they're nominated for.  

And he delivered a stinging rebuke: 

So I don't have the time to go through history, but i would assume that in past nominations, particularly for attorney general, there's been some kind of relationship between the president who nominated and the person who's seeking the job. So if that's going to be the new standard: I would suggest that nobody in this body ever endorse anybody for president because apparently you can't serve in the cabinet.  That would be kind of silly.  

By this standard, President Obama would never have had a Secretary of State, as both Hillary Clinton and John Kerry would have been disqualified. 

Next, he addresses the charge of racism against Senator Sessions.  He exposes the charge for what it truly is: partisan politics. 

I think it would be unfair to say that Senator Jeff Sessions is not qualified for the job at hand.  Most of the attacks against Senator Sessions could be levied against almost everybody on this side of the aisle.  Here's what I want the body to know: that in the report card of the 113th Congress, the first half, here are the [NAACP] ratings [that were used to help label Sessions racist]: Senator Grassley -- all Republicans here -- 11%, Hatch, 25%, Graham 25%, Cornyn 11%, Lee 11, Cruz 11%, Sasse -- he wasn't in the Congress; Flake 29%, Crapo 14%, Tillis and Kennedy were not rated yet. On the Democratic side of the Judiciary Committee: Feinstein 100%, Leahy is 100%, Whitehouse 100%, Klobuchar 100%, Franken 100%, Coons 96%, Blumenthal 100%, and Hirono 100%.  Not only did Jeff Sessions have a poor rating, all of us did. So to my friends on the other side, you're making arguments that I don't think are good for the future of this body and the country as a whole. Because almost everything said about Jeff could be said about me and most of my colleagues over here. 

Should the American Conservative Union’s (ACU) ratings have been used for Democratic Presidential nominees just as Democrats are using the NAACP for Republicans for cabinet positions?  Then-Senator Clinton received an 8% rating and then-Senator Kerry received a 4% rating from ACU in the years before they were confirmed for cabinet positions. 

Yet Republicans regularly voted for such low-rated nominees.  However, it goes beyond ratings and charges; it goes to philosophies of the winning candidate.  As Senator Graham pointed out: 

It goes on.  Why did I vote for [former Obama Attorney General Eric] Holder? Why did I vote for [former Obama Attorney General Loretta] Lynch? Why did I vote for [Supreme Court Justices] Sotomayor and Kagan and the list goes on and on and on? I expect that when a liberal president wins, that they will pick people who are qualified, who share their view to represent their administration. When it comes to the attorney general, you can be liberal and you can be conservative, but you still also can be fair to the public as a whole. I don't believe for one second that Jeff Sessions as Attorney General of the United States will take any of his political positions and jam them down your throat if the law says no.  I have never seen that about the man. And the minority leader of the Alabama Senate, Senator Ross, African-American Democratic Minority Leader said, “I have worked with Jeff Sessions, I know him personally, and all of my encounters with him have been for the greater good of Alabama. We've spoken about everything, from civil rights to race relations. We agree that as Christian men our hearts and minds are focused on doing right by all people.” 

That is the Jeff Sessions that I know.   That is why I lend my support to his nomination.

Thank you, Senator Graham.  

Civil Rights Leaders Equate Sessions' Conservatism with Racism

Star Parker writes about how those opposed to Sen. Jeff Sessions' nomination for attorney general equate his conservative views with racism:

Striking about the testimony of these three black professionals was that all of them knew and worked with Sessions for 20-plus years. Each had personal stories about his professional and personal integrity. . . . Judiciary Committee General Counsel William Smith captured the views of all three saying, "After 20 years of working with Jeff Sessions, I have not seen the slightest indication of racism because it does not exist..." 

In contrast, the three Black Caucus members, Sen. Cory Booker, Rep. John Lewis and Rep. Cedric Richmond, went on about their opposition to Sessions because of his alleged weakness on civil rights -- a polite way of suggesting he is a racist -- while bringing virtually no evidence to support their allegations. . . . Unfortunately, politics has come to be conflated with racism. 

That is, those on the black left who have dominated black politics for so many years now brand anyone who does not share their political views as racist. . . . [B]ased on these beliefs, because he is a conservative, Sen. Sessions must be racist. 

Let's think for a minute why racism is so horrible. Racism is about denying a person's unique humanity and thinking you know who they are based a few external characteristics. It is sadly ironic that this is exactly what those on the black left, who claim to bear the standard for civil rights, do.

Instead of engaging in a meaningful debate about Sen. Sessions' policy views, Sen. Sessions' political opposition has chosen to call him a racist for no other reason than that he is a conservative.  This does nothing to bring the unity and healing that civil rights leaders claim to be fighting for.

Sign Letter from RNLA Members and Friends in Support of Sessions for AG

There are many reasons to support Sen. Jeff Sessions as the next Attorney General of the United States, yet Democrats and liberals have baselessly attacked him, smearing his character and dismissing his years of public service through false, partisan attacks.  Read more about Sen. Sessions' record from RNLA's President Elliot Berke here.

There are several ways to support Sen. Sessions, including contacting your Senators and ask them to vote for Sen. Sessions for Attorney General.  This is especially important if you live in Florida, Indiana, Michigan, Missouri, Montana, North Dakota, Ohio, Pennsylvania, or Wisconsin.

You can also sign RNLA's letter in support of Sen. Sessions from its members and friends, which says:

As members and friends of the Republican National Lawyers Association (RNLA), we urge you to promptly confirm Senator Jeff Sessions as the next Attorney General of the United States. 

Senator Sessions has vast experience that has prepared him well to assume the responsibilities of Attorney General. Senator Sessions proved his skills as a law enforcement official in the Department of Justice as a U.S. Attorney and his skills as an administrator as the Attorney General of Alabama. In the Senate, he showed the breadth and depth of his knowledge of legal policy and consistently demonstrated concern for solving the problems faced by U.S. citizens within the limits of his power as a member of the federal government. 

Throughout his long career, Senator Sessions has proven that he is committed to the rule of law and protecting the rights of individual citizens, without regard to race, gender, or economic status. He has sought to interpret the Constitution and the law impartially. He has shown character to remain committed to his principles even in the face of political criticism. 

The RNLA is the home of Republican lawyers in the Republican Party. In 2010, RNLA presented Senator Sessions with its highest award, the Edwin Meese III Award, in recognition of his efforts to uphold the rule of law. We are steadfast in our belief that Senator Sessions will make an exemplary Attorney General. 

Thank you for your careful consideration of Senator Sessions, his experience, and his excellent qualifications to be the 84th Attorney General of the United States. We encourage the Senate to promptly confirm Senator Sessions as Attorney General.

Add your name to the letter here.  Thank you for your support of Sen. Sessions!

Liberals' Opposition to Sessions for AG Designed to Send Message

Here are the real reasons for all the charges of racism, irrelevant liberal talking points, and grandstanding during Sen. Jeff Sessions' confirmation hearings last week:

Why does the Left find Sessions so objectionable? Because he actually believes in the rule of law and abiding by the Constitution, and he would apply the laws to everyone equally — a notion that some on the Left reject when it comes to applying those laws to groups whom they favor. They would far prefer judges and attorneys to suspend equal application of the law in favor of applying the law on the basis of identity politics.  

Despite Sessions’ almost certain confirmation, progressive politicians felt they had to provide political theater for their supporters and allies, because their supporters want them to oppose everything the Trump administration proposes and everyone the Trump administration wants to bring in. They complied with these wishes by arranging a mini-parade of “witnesses” to denounce Sessions as a racist hostile to women, minorities, gays, and immigrants (as Sen. Cory Booker did to his everlasting shame). 

I believe there was a second motivation behind this grotesque display: The Left wanted to make Sessions’ hearing as unpleasant as possible, to send a message to the hundreds of other prospective appointees looking to staff the middle levels of the executive branch.
The vast majority of those positions, while they require presidential appointment, do not require Senate confirmation. And it is at this level where most of the actual work gets done within agencies. 

The success of the Trump administration will hinge on the ability of mid-level political appointees to adhere to conservative principles and implement public policy based on those principles: smaller, more efficient government; commitment to the rule of law and the constitutional limits on the power of the federal government; respect for local sovereignty and our federal system; and rejection of the identity politics that threaten to permanently divide us as a nation.

It is vitally important that courageous Americans, especially attorneys, who value the rule of law and the Constitution, apply to serve in the Trump Administration to help Attorney General Sessions and other new leaders roll back the federal overreach of the Obama Administration.  Liberals and Democrats have not lost sight of future elections and those who will wield the power to implement the policies of President Trump and his cabinet.

William Smith Eloquently Supports Sen. Sessions for AG

During Senator Jeff Sessions' confirmation hearings yesterday, and indeed throughout the last month, William Smith, former Chief Counsel on the Senate Judiciary Committee, ably and eloquently supported Sen. Sessions' nomination for attorney general.  Mr. Smith speaks from his vast personal and professional knowledge of Sen. Sessions, defending him from attacks on both his character and record: 

I’m here today to express my absolute support and full confidence in Senator Jeff Sessions, who has been nominated by President-Elect Trump, to serve as Attorney General of the United States. . . .  

I did not know Senator Sessions in 1986, but I have studied his record. I have reviewed the evidence and even by the lowest standards, anyone looking at the evidence fairly could not say that he is a racist. All of the witnesses who testified against him in 1986 were discredited, with at least two of them writing the Committee to admit they had provided false testimony. In the one case that has received prominent attention, all of the defendants agreed to plead guilty to at least one count, providing a pretty clear indication that even they thought they were guilty of something. I know that he prosecuted members of the Ku Klux Klan, stood up against George Wallace in Alabama and filed lawsuits to desegregate the schools, but those are things I’ve only been able to read about and investigate over the years. The real experience is my personal experience.  

Again, I have 20 years of history with Senator Sessions. What I’ve learned over that period of time is that he is an honorable man, who believes in the rule of law, pursues justice under all circumstances and loves his family and friends. I’ve learned that Senator Sessions is willing to debate anyone on the merits, but he’s not willing to attack their character. In my 10 years of working for him and writing speeches for him, he would agree to debate on the merits, but he would not pursue personal insults or character assassinations. That is what makes this process so painful to witness. From my point of view, Senator Sessions has respected his Senate colleagues, never sought revenge for the way he was mistreated; he has worked fairly with them, debated them vigorously, but never pursued a derogatory approach. I simply wish everyone would take the same approach as Senator Sessions. What I’ve learned through my 20 year history with him is that integrity, honor, and humility is more important that a political victory where personal attacks are the means to achieve that victory.

I’m here to support the nomination of Senator Sessions because everyone in this city who knows him, everyone in Alabama and around the country who knows him, might not agree with some of his policy views, but not one person can honestly look into his heart and not see the love he has for his country, the rule of law, and the Department of Justice. I support Jeff Session because he’s the exactly what we need at the Department of Justice, someone would will enforce and defend the laws of the United States regardless of whether he agrees with them personally, because that’s his job. I wholeheartedly stake my reputation on Senator Sessions. He will serve our nation well. 

In addition to testifying before the Judiciary Committee, Mr. Smith has been active testifying before the public in the media.  Thank you, Mr. Smith, for setting the record straight on Sen. Sessions from your actual knowledge and experience.

RNLA Officially Urges Senate to Confirm Sen. Sessions as Next AG

Today, the RNLA sent a letter urging the Senate to quickly confirm Sen. Sessions as the next Attorney General of the United States:

Senator Sessions has vast experience that has prepared him well to assume the responsibilities of Attorney General. Senator Sessions proved his skills as a law enforcement official in the Department of Justice as a U.S. Attorney and his skills as an administrator as the Attorney General of Alabama. In the Senate, he showed the breadth and depth of his knowledge of legal policy and consistently demonstrated concern for solving the problems faced by U.S. citizens within the limits of his power as a member of the federal government. 

Throughout his long career, Senator Sessions has proven that he is committed to the rule of law and protecting the rights of individual citizens, without regard to race, gender, or economic status. He has sought to interpret the Constitution and the law impartially. He has shown character to remain committed to his principles even in the face of political criticism. 

The RNLA is the home of Republican lawyers in the Republican Party. In 2010, we presented Senator Sessions our highest award, the Edwin Meese III Award, in recognition of his efforts to uphold the rule of law. We are steadfast in our belief that Senator Sessions will make an exemplary Attorney General. 

Thank you for your careful consideration of Senator Sessions, his experience, and his excellent qualifications to be the 84th Attorney General of the United States. We encourage the Judiciary Committee, and the whole Senate, to promptly confirm Senator Sessions as Attorney General. 

RNLA Founding Chair Bob Horn Strongly Endorses Jeff Sessions for AG

RNLA's Founding Chair Bob Horn writes a strong endorsement of Sen. Jeff Sessions for Attorney General:

I strongly believe, quoting President Obama that “elections have consequences.” In 1995, then-Senator Joe Biden told Tim Russert on national television, “I think the advice-and-consent responsibility of the Senate does not permit us to deprive the president of the United States from being able to appoint that person or persons who have a particular point of view unless it can be shown that their temperament does not fit the job, they are morally incapable or unqualified for the job, or that they have committed crimes of moral turpitude." Therefore the question then becomes one of whether the candidate is morally incapable or unqualified for the job. I can testify unequivocally that Senator Sessions is a man of honor and he will bring ability and integrity to the office of Attorney General. 

Over many years I have gotten to know, like and respect Senator Jeff Sessions and have been impressed by his distinguished record of public service. From 1981 to 1993 he served as U.S. Attorney for the Southern District of Alabama. Sessions was elected Attorney General of Alabama in 1994 and to the U.S. Senate in 1996, being re-elected in 2002, 2008, and 2014. Philosophically, Senator Sessions is considered to be a very conservative member of the United States Senate whose views coincide with many of the positions advocated by President-elect Trump. 

In my view, the fact that Senator Sessions opposes many of President Obama’s “social issue” initiatives that evoke intense partisan advocacy and debate does not disqualify him from holding a high public office. In fact, I believe the opposite is true. In the case of these controversial policy considerations, emotions run high and they can only be resolved in an atmosphere that allows for open and frank discussion. In my mind, it is counterproductive for those opposing Senator Sessions' nomination to engage in ad hominem attacks negatively characterizing him professionally simply because they disagree with him politically. 

Setting aside Senator Sessions' conservatism, those opposed to his nomination engage in dredging up old controversies which left-leaning legal scholars hope will mire Senator Sessions in a messy and unnecessary confirmation fight. After President-elect Donald Trump named Sessions as his choice for the next attorney general, detractors pointed back to the senator’s failure to win Senate approval after being nominated by President Reagan to serve as a U.S. district court judge in 1986. During those hearings, some colleagues alleged he that he referred to the NAACP and other civil rights organizations as un-American and once quipped that he thought that the Klu Klux Klan was “OK” until he learned they smoked marijuana. 

Admittedly, some people, in a misguided attempt at humor, say things they later regret. However, from my experience, I can attest to the fact that Senator Sessions is not a racist. In his own words, he described the allegations against him as heartbreaking, saying, “That was not fair; that was not accurate. Those were false charges using distortions of anything that I did. And it really was not. I never had those kinds of views, and I was caricatured in a way that was not me.” 

Significantly, Congresswoman Martha Roby, who has served alongside Senator Sessions in the Alabama Congressional Delegation for the last six years, said the attacks on Sessions are "totally unfair." Roby said the latest attacks are an example of the same type of smear campaign that was used against him the last time. She went on to say that she is reminded of what former Senator Arlen Specter, certainly not a conservative, said that in all his years of service, the vote he regretted most was the one he cast not to confirm Jeff Sessions for the bench. He said that because he came to know Jeff Sessions and understand his character. “Our country would be very fortunate to have Jeff Sessions in a leadership role, and I believe if that happens his critics will be proven wrong.” I too believe that Senator Sessions is a good man and eminently qualified to be Attorney General of the United States. I know Jeff Sessions and believe in his judgement and integrity. He fully understands the importance rule of law as it relates to the proper administration of justice as well as anyone who has ever held public office. Therefore, I urge that everybody, within RNLA who feels as I do, contact their respective Senators, regardless of their political persuasion, and urge them to confirm Senator Sessions’ nomination to be the next Attorney General of the United States. 

I have written this article to express my personal beliefs and feel obliged to point out that I am not necessarily representing the views of any of my colleagues at my firm. 

Bob Horn 

Founding Chair of the Republican National Lawyers Association

AG Sessions Will Fight for Meaningful Protections for Women

One of the many charges against Sen. Jeff Sessions by liberals has been that he is anti-woman because he opposed the Violence Against Women Act.  But that is because he supports meaningful reform that will actually help women threatened by violence, not just cleverly named but flawed legislation:

Well, the Violence Against Women Act (VAWA), despite its clever name, has many problems and Sessions has fought, and will continue to fight, for vulnerable victims of violence. . . . This is why the women of Concerned Women for America and Sessions opposed VAWA as presented and supported other versions that would have addressed some of the glaring problems with the bill. . . . 

The point here is that it would still take a courageous senator to stand for what is right.  Truly standing on the side of women would require a senator to endure being painted by the malicious left as the total opposite. 

It says a lot that Sessions did, in fact, stand for women, no matter the personal political cost he had to pay. 

His nomination is great news for those of us who love justice and truth and who are tired of the political calculations that have plagued the DOJ under the Obama administration. 

Sessions will be on the side of the people as the next attorney general. He will be for women, for children, for families — for all Americans. That is a welcomed and much-needed change at the DOJ.

A careful examination of Sen. Sessions' opposition to VAWA -- as with a careful examination of most of his long record of public service -- shows that Sen. Sessions fights for the rule of law and for government policies that will actually help the poor, women, minorities, and other disadvantaged groups, rather than just claiming to help them to score political points.

Sessions Attorney General Nomination Roundup

Here are some of the notable articles about Sen. Jeff Sessions' nomination as Attorney General from the last week.

Confirm Jeff Sessions as attorney general, 12/16:

Would a racist introduce a bill - the Fair Sentencing Act - that rectified disparities in sentencing for drug crimes, and then work across the aisle for nine years to get it passed and signed into law? As U.S. Senator, Jeff Sessions did precisely that. In a similar vein, would a racist work to desegregate schools in Alabama? As U.S. Attorney, Jeff Sessions successfully desegregated Alabama’s schools. Or would a racist prosecute and seek the death penalty for Henry Francis Hays, a Klansman, on charges of murdering a teenage African American? That conviction was one of Jeff Sessions’ greatest accomplishments, and later, once elected as Alabama’s Attorney General, he ensured that Hays received the death penalty. These are hardly the accomplishments of a racist, of course, and Senate Democrats know the charge that Sen. Sessions is racist is ridiculous.

Attorney General Luther Strange urges confirmation of Jeff Sessions as U.S. Attorney General, 12/16:

Alabama Attorney General Luther Strange joined 24 other state attorneys general in urging the leadership of the Senate Judiciary Committee to confirm the nomination of Senator Jeff Sessions as United States Attorney General. 

“Few positions are more important than our nation’s attorney general,” Attorney General Strange wrote in a joint letter to Senators Chuck Grassley, R-IA, and Patrick Leahy, D-VT, Thursday. 

“The person who fills that role is not only charged with keeping our streets safe, but upholding the legal principles that are the bedrock of our republic. Senator Sessions has proven over a long and distinguished career that he has the character to serve as United States Attorney General for all Americans. We urge his confirmation.”

Trump’s un-PC cabinet matches his campaign promises to a T, 12/17:

President-elect Donald Trump is assembling a Cabinet designed to govern exactly as he promised he would during the campaign. Naturally, the left is freaking out. . . . 

Nor is Attorney General-to-be Jeff Sessions any kind of racist. He got blindsided by such charges during confirmation hearings decades ago, but his public record since then includes successfully prosecuting the Alabama head of the Klan — which set up a civil suit that bankrupted the state branch of that hate group.

Smear Campaign Against Sessions Ignores the Facts, 12/18:

After all, the smear that Sessions is, or was, a racist has come up against a mountain of hard evidence to the contrary. Sessions opposed race-baiting George Wallace when he attended college. In Alabama. In the 1960s. As U.S attorney for the Southern District of Alabama, Sessions prosecuted the Klan and its murderous thugs, and worked to desegregate public schools. Later, as Alabama’s attorney general, he went after the perpetrators of a series of black church arsons in the 1990s. . . . 

What is evident in Sessions’ record is a public servant whose humble background and color-blind concern for everyday Americans made him a principled advocate of working-class people long before Donald Trump ever thought of public office. It animated his pursuit of real racists in Alabama, and his hard-line stance on immigration in Washington, D.C. Sessions was working to “drain the swamp” before draining the swamp was cool, convinced that that the “masters of the universe” from Washington, D.C., to New York City have been stacking the deck for themselves and their connected friends, while conditions stagnated or deteriorated for the rest of America in all its colors. This is the Sessions record, and it’s an admirable one.

Why They Oppose Jeff Sessions as Attorney General, 12/19:

When hearings for attorney general nominee Jeff Sessions start next month, prepare for a trip back in time to 1986. Three decades ago, his nomination for a seat on the federal bench was wrecked because Jeff Sessions fought voter fraud as a United States attorney. 

The same group of far-left activists are again opposing Jeff Sessions because Jeff Sessions will fight voter fraud as attorney general.

Clinton FBI Director Backs Trump's Attorney General Pick Jeff Sessions, Defends His Records on Civil Rights, 12/21:

The campaign to rally support for Donald Trump’s pick to head the Justice Department is growing, with former FBI Director Louis Freeh, who served under President Bill Clinton, now joining the effort. 

In a letter to the Senate Judiciary Committee, Freeh offered his “strong recommendation” that Senators confirm their colleague Jeff Sessions, R-Ala., as the next attorney general, defending his record on civil rights, which has become a key concern for critics. 

“I have known Jeff since 1989 when we worked together as prosecutors on one of the most important civil rights cases investigated and prosecuted by the United States Department of Justice,” Freeh wrote. “[I] have always been greatly impressed with his commitment to the rule of law, his fair and balanced prosecutorial judgment, and his personal dedication to protecting civil rights.”

“Unreliable and Misleading” Charges against Sessions, 12/22:

As I’ve written before, much of the reporting on Senator Sessions’ bid for Attorney General has failed to dig deeper than the top-level talking points of his opponents. New reports ​are out digging up a decades-old lawsuit Sessions was involved with in which a state judge wrote that “the misconduct of the Attorney General in this case far surpasses in both extensiveness and measure the totality of any prosecutorial misconduct ever previously presented to or witnessed by this court.”  

Sounds pretty damning, at least until you learn that the order quoted above itself was found “particularly unreliable and misleading” by a unanimous panel of the Eleventh Circuit Court of Appeals. The appellate court faulted the judge below for simply cutting and pasting his order from the opposing lawyer’s briefs, which explains the over-the-top language. Far from finding prosecutorial misconduct, the Eleventh Circuit held that there had been probable cause for prosecution. And it found the trial court’s order to be sufficiently misleading that the $7.2 million verdict in a related civil case was thrown out because the jury had been read that order. 

Sessions for AG: "Man of Tremendous Experience and Principle"

Former Ohio Secretary of State Ken Blackwell wrote today that Sen. Jeff Sessions "is a man of tremendous experience and principle" who will make an excellent Attorney General:

As a former US Attorney, state Attorney General and a longtime member of the Senate, where he has served as a leader on the Judiciary Committee, [Sen. Jeff Sessions] is one of the most qualified AG nominees I’ve witnessed. Sessions has a terrific record of following the law and as a prosecutor, Sessions successfully put away drug and violent felons, as well as white collar criminals and corrupt politicians. . . . 

Sessions has always been a man of character and integrity who has fought for equal justice for all, which is why he has received support from politically and racially diverse voices. . . . 

We know Sessions will bring these principles to his role as attorney general.  He will stand up to the special interests and not allow the Justice Department to be used as a political tool of anyone – as has been the case for the past eight years. 

Sessions has worked with people across the aisle and has battled his own party, when he thought necessary. He will ensure that the department stands up for consumers and taxpayers when required, but will also not allow the agency to pursue overzealous anti-business policies that deter entrepreneurship, investment and innovation. 

The Department of Justice under Jeff Sessions will fight to keep our streets safe, will apply equal justice for all and most importantly fight to defend our constitutional principles.

Despite the continuous politically motivated attacks against Sen. Sessions' character and life of public service, he continues to receive strong endorsements from those who know him well and have studied his record.

Sen. Hatch Strongly Supports Sen. Sessions for Attorney General

On Sunday, Sen. Orrin Hatch, president pro tempore of the Senate, praised President-elect Donald Trump's designee for Attorney General, Sen. Jeff Sessions:

Americans spoke resoundingly last month that they want our country to chart a new course. A newly-elected president’s first decisions are typically his Cabinet choices, and President-elect Trump is already charting that new course. Nominees such as Sen. Jeff Sessions to be attorney general show that Mr. Trump is serious about getting that job done. 

Nearly two-thirds of Americans say that the country has been on the wrong track. That certainly describes the Department of Justice. Just last year, I spoke out about how the department had been politicized, compromised, weakened, and even corrupted. Jeff Sessions is the right person to put the Justice Department back on track. 

No attorney general in American history has had Mr. Sessions’ combination of hands-on experience in both criminal justice policy and its implementation. He was a front-line prosecutor for 18 years, 12 of them as United States Attorney. At his confirmation hearing in January, he will appear before the Senate Judiciary Committee on which he has served for 20 years. . . . 

No one understands [the Department of Justice's] mission more thoroughly, or believes it more deeply, than Jeff Sessions. I am proud to support Sen. Jeff Sessions to be the next attorney general of the United States. His experience, principles, and common sense are just what the Justice Department needs to chart the right course.

Last Friday, Sen. Hatch also strongly endorsed Sen. Sessions for Attorney General on the floor of the Senate (beginning on page S6970):

In closing, I want to quote from that letter by bipartisan drug policy officials. They say this about Senator Sessions: 

His prudent and responsible approach is exactly what the Department of Justice needs to enforce the law, restore confidence in the United States’ justice system, and keep the American people safe. We support the nomination of Senator Sessions to be Attorney General of the United States, and we ask you to do the same. 

I could not have said it better. I have known Jeff for 20 years now, every year he served here, and I knew him before then. I remember the despicable way he was treated many years ago as a nominee. I don’t want to see that repeated, and I personally will hold accountable anybody who tries to repeat it.  

Jeff Sessions is a wonderful man. He is a good person. Even though any one of us here may have some disagreements from time to time with policy— we do with each other—that doesn’t denigrate and shouldn’t denigrate him as a decent, honorable man who deserves to be Attorney General of the United States. . . . 

I have a strong knowledge of his background. I have a strong feeling about Jeff as a person. I believe he will be a great Attorney General, and I hope our colleagues on both sides of the aisle treat him with respect as he goes through this nomination process. If we do, we will be able to walk out of here at least with some sense of pride that we did what was right.  

I think you will find, as Jeff serves— and he is going to serve—as he serves in the Justice Department, he will do a very good job, and it will be a job done for everybody in America and not just Republicans and not just for the new administration that is coming in, but for everybody. That is what I think you will find from Jeff Sessions. He is a tough guy. He has the ability to stand up. He has the ability do what is right, and he will do it. I have great confidence in Jeff. 

The entire floor statement by Sen. Hatch, someone who has known Sen. Sessions both personally and professionally for many years, is well worth reading.

RNLA Supports Sen. Jeff Sessions for Attorney General

The RNLA released a statement today strongly supporting the selection of Sen. Jeff Sessions as President-elect Trump's nominee for Attorney General: 

The Attorney General serves as the chief law enforcement official for the federal government, leads the Department of Justice, and represents the United States in important legal matters. It is vital that the Attorney General be both a talented administrator and an excellent lawyer with immense respect for the rule of law. 

Senator Sessions is uniquely qualified to serve as Attorney General. He has served as a U.S. Attorney, as Attorney General of Alabama, and as longtime Senator from Alabama. As Attorney General, Sen. Sessions will re-introduce commitment to the rule of law and equal application of the law to the Department of Justice, which has become highly politicized over the past eight years. His experience in the Senate and in state government gives him a deep understanding of federalism and the separation of powers. 

"Senator Jeff Sessions is a committed conservative, skilled lawyer, and proven leader who will be an outstanding Attorney General of the United States. To underscore President-elect Trump's comments, Senator Sessions has a 'world-class legal mind.' He upholds the Constitution and will faithfully and fairly enforce our laws and ensure a fair and even-handed administration of justice," said Kimberly Reed, Co-Chair of RNLA. 

We applaud President-elect Trump for his excellent selection and look forward to the Department of Justice being led by Attorney General Sessions.

Senator Sessions Offered Attorney General Role in Trump Administration

The RNLA congratulates U.S. Senator Jeff Sessions (R-Alabama) on being offered the position of Attorney General for the incoming Trump Administration. Senator Sessions will need to be confirmed by the U.S. Senate before he can be sworn in as the next Attorney General.

In a statement, [President-Elect] Trump called Sessions one of his most trusted campaign advisers and cited his “world-class legal mind.”…“Jeff is greatly admired by legal scholars and virtually everyone who knows him,” Trump said.

Sessions served as a U.S. Attorney for the Southern District of Alabama and as Alabama’s attorney general. In a statement, he said there was “no greater honor” than to lead the Justice Department.

“I will give all my strength to advance the Department’s highest ideals,” [Senator Sessions] said. “I enthusiastically embrace President-elect Trump’s vision for ‘one America,’ and his commitment to equal justice under law. I look forward to fulfilling my duties with an unwavering dedication to fairness and impartiality.”

Judiciary Committee Chairman Charles E. Grassley (R-Iowa) called Sessions a respected member who “has worked across the aisle on major legislation. He knows the Justice Department as a former U.S. attorney, which would serve him very well in this position. With this background, I’m confident he would be reported favorably out of the committee.” 

Senator Sessions is an excellent leadership choice by President-Elect Trump. Senator Sessions was the 2010 recipient of the RNLA’s Ed Meese Award. The Ed Meese Award, named after the 75th United States Attorney General, is given to those that have upheld the rule of law in the face of adverse political challenges. For more about Senator Sessions and his background, please see his biography on the Trump Presidential Transition website.

Questions Arise Whether Ms. Lynch Will Enforce the Law on Immigration

While generally appearing smooth and composed, the substance of some Ms. Lynch's answers were very troubling.  

For example, on immigration, she appear to say all illegal aliens have a right to work.  Later the always crafty politician Schumer tried to help her walk back that answer.  

"I believe that the right and the obligation to work is one that's shared by everyone in this country regardless of how they came here. And certainly, if someone is here, regardless of status, I would prefer that they would be participating in the workplace than not participating in the workplace," she said early in the hearing, under questioning by Sen. Jeff Sessions (R-Ala.)

However, later in the day, Sen. Chuck Schumer (D-N.Y.) gave her the opportunity to clarify her statement and she said she didn't mean to suggest that it's legal for everyone in the U.S. to be employed.

More troubling on immigration was an answer she did not try to walk back:

At another point during the early exchange with Sessions, Lynch also seemed to suggest that employers needed to verify U.S. citizenship during the hiring process, even though that practice is generally prohibited.

"We have in place at this point in time a legal framework that requests — requires employers to both provide information about citizenship, as well as not hire individuals without citizenship,” Lynch said.

The Attorney General is the chief Federal law enforcement official and needs to uphold the law regardless of his/her policy preferences.  Her answers on these and related issues have caused Senator Sessions to announce his opposition to her confirmation:

“President Obama’s executive amnesty represents one of the most breathtaking exertions of executive power in the history of this country. After Congress rejected the President’s favored immigration legislation, the White House met with the interest groups who had crafted that bill and implemented the major provisions of the legislation that Congress had rejected through executive fiat.

The legal opinion attempting to justify this circumvention of Congress was issued by the Attorney General’s Office of Legal Counsel. At the outset of this nomination process, I said that no Senator should vote to confirm anyone for this position—the top law enforcement job in America—who supported the President’s unlawful actions. Congress must defend its constitutional role, which is clearly threatened.

Unfortunately, when asked today whether she found the President’s actions to be ‘legal and constitutional,’ Ms. Lynch said that she did. I therefore am unable to support her nomination.

Ms. Lynch gave troubling answers on other topics as well.  We will detail these in future blog posts as we continue to watch the hearings and hope that Ms. Lynch will give us confidence that she will be a US Attorney General representing all Americans.  

Lynch Must Answer Questions and Prove She Will not be Another DNC AG

Today at 10 a.m. eastern begins the hearings to replace arguably the most partisan Attorney General in History.  Loretta Lynch should be highly scrutinized to ensure she will not continue the shameful practices of Eric Holder.  A number of questions that she should answer.

Jonathan Keim of National Review has a list of questions for Lynch including:

4. Will you adopt changes to the principles of federal prosecution that would eliminate prosecutions based on political considerations?  The current Attorney General, Eric Holder, has been criticized for running a Department of Justice that is oriented toward partisan politics. Urgent action is needed to ensure that the Department of Justice will enforce the criminal laws against lawbreakers across the political spectrum, not just those who happen to be out of power.

As Hans Von Spakovsky and Christian Adams write:

Lynch has an obligation to answer questions about the decisions made by Eric Holder on a host of issues not only to provide guidance on how she would act as attorney general, but also because she has been a member of Holder’s advisory committee of U.S. Attorneys. It is entirely appropriate to ask her what advice she gave Holder on his many questionable decisions and whether she agrees with the legal positions and actions he has taken over the past six years. . . . .

Bias in Hiring

A devastating report by the Department of Justice inspector general in 2013 found deep polarization, mismanagement, and harassment of conservative employees as well as a litmus test imposed in hiring attorneys in the Civil Rights Division — namely, experience with liberal civil-rights organizations, which translates to experience working for the institutional Left. In short, only ideological allies need apply. As a result, the inspector general’s report found that the Civil Rights Division “passed over candidates who had stellar academic credentials and litigation experience with some of the best law firms in the country” and recommended that this litmus test be abolished.

Keim also asks a series of questions on the Constitution, one of which RNLA spent some time fighting.

 

6. Do you agree or disagree with the Obama Administration’s expansive view of its recess appointment powers? In NLRB v. Noel Canning, the Obama Administration expansively interpreted the recess appointments power to allow presidential recess appointments without Senate confirmation when the Senate was, by its own rules, not even in recess.  The administration argued that the power provided a “safety valve” in the face of Senate “intransigence.”But even Justices Kagan and Ginsburg, perhaps the two most liberal justices on the Supreme Court, criticized the government’s position and joined the Court’s opinion rejecting President Obama’s lawless recess appointments

.

These and many more questions are important in the hearing today.  Ms. Lynch needs not only to answer these questions but she needs to prove she will be the United States Attorney General and not the Democrat Party Attorney General as Holder was.  

Did Al Sharpton Pick the Attorney General Nominee?

The Daily Caller has an interesting article whether Loretta Lynch is the choice of vote fraud committer Al Sharpton.  Sharpton is arguably the leading vote fraud denier on the left and even has provided standing ovations to those who are convicted of vote fraud.  Regardless of whether this is Sharpton’s pick or not she has some potentially troubling views on voting as disclosed in a recent video that has surfaced.   At a minimum she should be thoroughly questioned on these matters.  Those views are:

Mandela and King knew we had to continue working.  . . . 50 years after the March on Washington, 50 years after the Civil Rights Movement, we stand in this country at a time when we see people trying to take back so much of what Dr. King fought for.  We stand in this country. People try and take over the State House and reverse the goals that have been made in voting in this country.

But I’m proud to tell you that the Department of Justice has looked at these laws and looked at what’s happening in the Deep South, and in my home state of North Carolina has brought lawsuits against those voting rights changes that seek to limit our ability to stand up and exercise our rights as citizens. And those lawsuits will continue.

There are many potential problems with this statement but we will highlight two right now. 

1.  The Department of Justice literally lost one of the voting cases in the “Deep South” of South Carolina so badly that they had to pay attorney’s fees.  Further, Voter ID has been upheld in the Supreme Court. 

2.  Nelson Mandela supported voter ID.  

We are looking forward to her hearing to see how she answers for this speech and how she will handle voting in the all-important 2016 election. 

Obamacare Loses Again

Yesterday, Oklahoma Attorney General Scott Pruitt won a victory for the rule of law when he successfully challenged illegal subsidies used to compel states to accept Obamacare. In a decision in favor of the State of Oklahoma's motion for summary judgment, US District Judge Ronald White ruled that the IRS provision enacted outside of congressional authority was "arbitrary, capricious, and abuse of discretion or otherwise not in accordance with the law."  In 2012, General Pruitt was the first to file a lawsuit challenging the use of taxpayer-funded subsidies to enforce Obamacare in states that had chosen to not establish a healthcare exchange under the law. General Pruitt said of the victory:

The administration and its bureaucrats in the IRS handed out billions in illegal tax credits and subsidies and vastly expanded the reach of the health care law because they didn’t like the way Congress wrote the Affordable Care Act. That’s not how our system of government works   The Obama administration created this problem and rather than having an agency like the IRS rewrite a law it didn’t like, the administration should have done the right thing and worked with Congress to amend the law. Oklahoma was the first to challenge the administration's actions and today's ruling vindicates what we recognized early on and that is the administration can't rewrite the Affordable Care Act by executive fiat.

The decision is the third on this issue with the other two by appellate courts splitting.  (The DC Circuit Court came down on the side of General Pruitt.)  General Pruitt is RNLA’s October member conference call guest.  

Eric Holder’s Disgraceful Voting Legacy

There is a big distinction between White House Counsel and Attorney General.  The Attorney General is supposed to be the country’s lawyer while the White House Counsel is the President’s lawyer.  Yet, Eric Holder was more political than the White House Counsel.  Actually, he was more like a political party counsel.  Three quick examples. 

1. In the New Black Panther case, Holder overruled a career DOJ Attorney (who formerly headed a state ACLU chapter) to stop a conviction against two people clearly trying to intimidate voters.  While Holder and Democrats have never been able to find  a documented case of intimidation by Republicans (since it’s non-existent), , they let these perpetrators off.
   
2. The Presidential Commission on Election Administration came out strongly in favor of interstate voter registration list maintenance and cleaning up the voter rolls.  This committee was co-chaired by President Obama’s campaign lawyer and former White House Counsel Bob Bauer.  Yet the Department of Justice under Holder had previously announced that they would not enforce laws regarding cleaning up the voter rolls with one of his deputies going so far as to state in a DOJ meeting: “We have no interest in enforcing this provision of the law.”
   
3. Holder again overruled career DOJ attorneys to file a purely political challenge to appease the far left on South Carolina Voter ID.  Not only did the Department of Justice lose the case but they lost so badly they had to pay legal fees, with American taxpayers footing the bill for Holder’s ideological crusade. 

Holder regularly overruled career appointees (who by the way were often Democrats) to make political decisions.  He was so political even the Obama campaign lawyer disagrees with him.  A shameful history for a US Attorney General without even going into his record on non-voting matters or voting related matters such as the IRS targeting scandal.  

Are Democrat Attorneys General Becoming Governor Generals?

On the most basic level an Attorney General is the leading law enforcement official for the state or country.  He is most definitely not a legislator or governor.  Yet as Colorado Attorney General John Suthers points out that is what many Attorneys General are becoming:

Recently, attorneys general in Virginia, Pennsylvania and California have given in to the temptation to abuse the power entrusted to our position by refusing to defend their states’ bans on same-sex marriage in court. . . .

It appears that some attorneys general are wielding the litigation veto for the same reasons a governor might wield a constitutional veto: They strongly disagree with the law. .  . . 

But in contrast to the president or a governor, there is no constitutional authority for this litigation veto. To the contrary, it undermines many important principles of our democracy.

To be clear Suthers is not arguing the case for or against same-sex “marriage.”  He is writing about the job of Attorney General. 

The politicization of Attorneys General starts with Eric Holder and the Obama  Administration.  Holder has stated his Department of Justice won’t enforce certain laws and the Obama Administration has refused to follow the law on its signature act, Obamacare.  This is dangerous and goes beyond the politics of the moment.  It is not just damaging the country right now but the roles of Attorneys General going forward.  It gives political cover and license for state Attorneys General to also ignore the law and their jobs.  As Suthers concludes on Attorneys General: 

We will become viewed as simply one more player in a political system rather than as legal authorities in a legal system.

As an association of lawyers, we are very concerned about this and it is one or the reasons we have called on Eric Holder to resign.