Senate Democrat Obstruction: Canceled August Recess & Low Overall Confirmation Rate

Senate Majority Leader Mitch McConnell announced this afternoon the Senate's August recess has been cancelled due to the historic obstruction efforts from Senate Democrats. Leader McConnell's statement: 

Due to the historic obstruction by Senate Democrats of the president’s nominees, and the goal of passing appropriations bills prior to the end of the fiscal year, the August recess has been canceled. Senators should expect to remain in session in August to pass legislation, including appropriations bills, and to make additional progress on the president’s nominees.

Background: It is expected that Senators will have a state work period during the first full week in August before returning for the rest of the month. 

Earlier this week, on Saturday, June 2nd, President Trump said in his weekly address to the public that the Democratic resistance movement is “resisting the will of the American voter.” According the White House, when compared with recent presidents, President Trump has had the fewest nominees confirmed to date.

PolitiFact found that President Trump has also had the smallest percentage of nominees confirmed as of March 16th with only 57 percent of Trump’s nominees having been confirmed, below that of Presidents Barack Obama (67 percent), George W. Bush (78 percent), Bill Clinton and George H.W. Bush (each with 81 percent).

President Trump explained:

From day one, Senate Democrats have shamelessly obstructed, stalled, and filibustered the confirmations of hundreds of talented men and women who are eager to come to Washington, D.C. to make a difference. They want to serve our country.

My nominees face a longer average confirmation wait than any in the history of our country. Today, more than 300 of our nominees are still awaiting a vote.

Last June, I nominated Isabel Patelunas to serve as Assistant Secretary of the Treasury for Intelligence and Analysis. Now, almost a year later, this tremendously qualified professional with nearly three decades of intelligence experience is still awaiting confirmation. She’s given up so much. She’s left areas. She’s moved from homes and she’s still not confirmed. It’s a disgrace.

Senate Republicans are fighting back against this Democrat obstructionism, too. Chairman Chuck Grassley of the Senate Judiciary Committee stated on Friday the Senate should work into the August recess to help confirm judicial nominations. Chairman Grassley is also calling for ‘filibuster Fridays’ to speed up the confirmation process. Additional work days on Capitol Hill could help fill the vacant positions, but the true shame here is that the Democrat leadership is intent on playing partisan politics even if it harms the function of government and ultimately the American people.

President Trump has nominated many excellent nominees to lead our government and to become federal judges. The RNLA thanks Leader McConnell and Chairman Grassley for their leadership and initiative to confirm President Trump’s backlog of nominees pending before the Senate.

RNLA Congratulates Trey Trainor on Nomination to the FEC

Today, the RNLA officially congratulated Trey Trainor on his nomination to be a Commissioner on the Federal Election Commission (FEC):

Mr. Trainor’s credentials are impeccable.  He is a leading election lawyer and an expert on campaign finance issues.  He has spoken at many RNLA National Election Law Seminar trainings.  He is currently a partner specializing in election law, campaign finance, and ethics at Akerman LLP.  Previously, he has served as Special Assistant to the Secretary of Defense in the Department of Defense’s Office of General Counsel; as General Counsel to the Texas Secretary of State; on the Standards Advisory Board to the U.S. Elections Assistance Commission; as Counsel to the Texas House Committee on Regulated Industries; and in various capacities in the Texas Legislature. 

Leading members of the election law and campaign finance bars who are RNLA members have praised Mr. Trainor’s nomination:

Benjamin Barr, President of the Pillar of Law Institute: "Mr. Trainor is nationally distinguished for his expertise in election law. Beyond this, Mr. Trainor has shown an unwavering dedication to preserving the First Amendment rights of average Americans--a position that has consistently been upheld by the courts. The FEC can only benefit from Mr. Trainor's knowledge and proven ability to help it carry out its mission." 

Kory Langhofer, Managing Attorney, Statecraft PLLC, and Litigation Counsel, Trump for America, Inc.: “I’ve worked with Trey, know him well, and hold him in high regard.  He is an excellent pick, and I am confident he’ll serve the country well on the FEC.” 

Joseph M. Nixon, RNLA Texas Chapter Chair and Partner, Akerman LLP: “Trey is a brilliant lawyer, extraordinarily principled and well-schooled in election law. The President has made a fine choice.”

RNLA Executive Director Michael Thielen agreed: “Trey Trainor has deep knowledge of campaign finance law, a breadth of practical experience, and impressive legal skills.  In addition to his skills as a lawyer, he is a man of character who is well-respected by everyone who knows him.  He will serve with distinction on the FEC with his respect for the rule of law and First Amendment rights that is desperately needed at the agency that regulates political speech.”

Unfortunately, liberals and the media are already baselessly attacking Mr. Trainor for his conservative views and his support for important First Amendment rights, just as they have attacked all recent Republican FEC commissioners--Lee Goodman, Caroline Hunter, Don McGahn, and Matthew Petersen--for their respect for the rule of law and support for the First Amendment.  

The RNLA will be countering these attacks and supporting Mr. Trainor's nomination in the next weeks and months.  Stay tuned here for further information on his character, legal philosophy, and qualifications and how you can help support his swift confirmation to the FEC.

Democrats Still Delaying Trump's Judicial Nominees

RNLA Vice President for Judicial Affairs Eric Lycan wrote in the Daily Caller today about how Senate Democrats are obstructing President Trump's excellent Executive Branch and judicial nominees:

How bad is the situation?  Senate Majority Leader Mitch McConnell recently stated: “If this continues it will take us more than 11 years to confirm the remaining presidential appointment[s].“  Statistics back this up, with almost four times as many nominees confirmed during President Obama’s first six months as President Trump’s. 

Sometimes this is just plain ridiculous.  Democrat Michigan Senators Gary Peters and Debbie Stabenow delayed returning their blue slips for highly qualified Michigan Supreme Court Justice Joan Larsen, nominated for the Sixth Circuit Court of Appeals.  While there are different definitions of blue slips, they are basically a vehicle to give home state Senators an opportunity to opine on a nominee.  Larsen had just been reelected by over 57% of the people in Michigan.   There is absolutely no reason for the delay as Judge Larsen is extremely well known and well respected and was even mentioned as a possible Supreme Court nominee by President Trump. 

Of course, possible Presidential candidate and Democrat Senator from Minnesota Al Franken has arguably taken it one step further.   Franken has still not returned his blue slip for Eighth Circuit nominee and Minnesota Supreme Court Justice David Stras.  Stras was actually elected with a higher percentage of the vote in Minnesota than Franken in either of his Senate races.  Yet Franken continues to sit on his blue slip for Stras. . . .  

The problem of nomination obstruction is especially dire when compared with the rapidly growing number of judicial vacancies.  Since President Trump was elected, the number of judicial vacancies has increased by 1/3.  President Trump’s judicial choices need to be confirmed.

We are grateful for President Trump, White House Counsel Don McGahn, and the entire White House Counsel's office for their excellent nominee selections and to Senate Majority Leader Mitch McConnell and Senate Judiciary Chair Chuck Grassley for their strong leadership and support of the nominees in the Senate.  Now it is up to the Democrats to stop obstructing and needlessly delaying well-qualified and well-respected nominees in an attempt to appease their radically liberal base.

Democrats Obstruct and Delay Trump's Nominees

RNLA Executive Director Michael Thielen wrote today in the Daily Caller about how Senate Democrats are obstructing and delaying President Trump's nominees on an unprecedented scale:

Last month, President Trump claimed that the confirmation process for his cabinet had been “record-setting long — and I mean record-setting long — with some of the finest people in our country being delayed and delayed and delayed.”  Trump’s cabinet nominees were pending with the Senate for 25 days, on average, compared to zero to two days, on average, for the last three presidents.  Fourteen of them went through the cloture process, compared to just seven of President Obama’s cabinet nominees during his entire tenure.  Even the Washington Post recognized that Trump has “faced unusually sustained opposition for a new president” and gave his claim a rare Geppetto Checkmark, reserved for claims that are “surprisingly correct.” . . .  

No Democratic senator has returned a blue slip, a Senate tradition allowing senators to give approval for a judicial nominee from their state to move forward, for any of President Trump’s judicial nominees.  Michigan Supreme Court Justice Joan Larsen was nominated to the Sixth Circuit back on May 8.  Michigan voters re-elected Justice Larsen with 57 percent of the vote in 2016, and she is widely respected.  Yet Michigan has two Democrat senators, and her nomination may be delayed so that they can toe the party line laid down by Minority Leader Chuck Schumer. 

Only three of Trump’s nominee’s to the U.S. Department of Justice have been confirmed. . . . Noel Francisco’s nomination to be solicitor general, the number three position in the Justice Department, has been pending since April 24. . . . Most recently, Senator Dianne Feinstein, Ranking Member on the Senate Judiciary Committee, has signaled that Democrats intend to engage in wholesale obstruction of all U.S. Attorney nominees. . . .  

Democrats are traditionally the party of big government, looking to government for solutions to all of life’s problems, big and small.  But what we have learned since President Trump took office is that Democrats only look to the government when they are in control of it.  They are perfectly happy to obstruct government’s operation—and ignore the will of the people as expressed through our system of representative government—when they do not control the levers of power.

Mr. Thielen calls for an end to the delay and attacks tactics and for the American people to tell Democratic senators that they oppose "obstruction of qualified nominees in the Senate."

Judge Thapar: ABA Unanimously Well Qualified -- Not Good Enough for Senate Judiciary Dems

Today, Judge Amul R. Thapar, a U.S. District Court Judge from Kentucky, had his Senate Judiciary Committee Hearing. Judge Thapar is the first circuit court nominee by the Trump Administration.

He earned the ABA's highest rating of unanimously Well Qualified to be a judge on the 6th Circuit, which at one time was called the "Gold Standard" in judicial nominations by Democratic Senator Pat Leahy (VT) and echoed by Democratic Minority Leader Senator Schumer (NY).
Judge Thapar faced a line of questioning reminiscent of the recent hearing for Justice Gorsuch, albeit slightly more subdued. Politico summarized the hearing as follows:

Asked by Sen. Richard Blumenthal (D-Conn.) to address the denigration of federal judges, Thapar evaded any direct comment on Trump's rhetoric, but he said it was unlikely to have much impact because federal judges are thick-skinned and have lifelong tenure. . . ."I am a proud Article III judge. We've been criticized from the beginning of this great country," Thapar said. "What I will say about me and my colleagues is it doesn't matter to us." . . . 

Thapar also faced pointed questions from Democrats about his affiliation with the conservative Federalist Society. Trump last year had included both Gorsuch and Thapar, 47, on a list of judges he said he would choose from when making nominations to the Supreme Court, and the possibility Thapar could someday be elevated to the high court was a subtext of Wednesday's hearing. Thapar was one of four individuals reportedly interviewed by Trump for the Supreme Court vacancy. 

Under questioning by Sen. Sheldon Whitehouse (D-R.I.), Thapar said Wednesday he was surprised to learn from a law clerk after a court session last fall that he'd been named to Trump's list. "I have no idea how I got on the list. I wasn't notified ahead of time," Thapar said. . . . Whitehouse and Sen. Dick Durbin (D-Ill.) noted that the list was prepared by the Federalist Society and by the conservative Heritage Foundation, but Thapar insisted he'd made no pledge of ideological fealty to those groups. "I'm my own judge, and I hope my track record speaks to that," he said. He called the Federalists "an open-debate society." Durbin appeared skeptical of that explanation.

Also, entered into the record, by Chairman Senator Grassley, was a written statement signed by a diverse group of 23 lawyers who all clerked under Judge Thapar:

Each of us spent a year working closely with Judge Thapar in his chambers, and we can each attest that he is an exemplary judge, a devoted mentor, and a great person. First, and most importantly, Judge Thapar is an exceptional jurist. There is only one rule in his chambers: get the law right. Judge Thapar works diligently with his law clerks to ensure that every decision he makes is in accordance with what the law requires. Judge Thapar gives equal attention and a fair hearing to every litigant in every case that comes before him. From individual social security 2 disability claimants, to incarcerated inmates, to large multinational corporations, every party gets a fair hearing from Judge Thapar. . . .

We firmly believe there is no one better than Judge Thapar to fill the open seat on the Sixth Circuit. If confirmed, we are confident that Judge Thapar will approach his job on the appellate court the same way he has approached his job on the district court—with dedication to the law, with a prodigious work ethic, and with respect for all parties who appear before him. We hope the Senate will confirm Judge Thapar quickly. 

According to The Washington Times, there are some 19 circuit court vacancies and more than 100 district court vacancies in need of nominees, perhaps giving President Trump the opportunity to reshape federal courts. However, it looks like this line of questioning will likely be repeated against most, if not all, of President Trump's judicial nominees.

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

Democrats Plan to Delay Trump's Nominees; Demanded Speedy Confirmations for Obama's

Newly anointed Senate Minority Leader Chuck Schumer insists that the rules of the confirmation process are different for President-elect Trump's nominees than they were for President Obama's nominees:

According to reports, Schumer is demanding that hearings for multiple nominees not be held on the same day, severely limiting the ability of committees to have nominees confirmed by inauguration on January 20. 

Schumer is also demanding “reams of personal financial data” from Trump’s nominees. It’s quite a change in approach and tone for Schumer, who in 2009 insisted that then-Treasury Secretary nominee Tim Geithner be confirmed “as quickly as possible,” despite Geithner openly admitting to not paying his full taxes while working at the International Monetary Fund from 2001-2004. 

Apparently unconcerned by the appearance of partisan politics, Schumer’s disinterest in scrutinizing Democratic nominees in 2009 matches closely with his insistence on dragging out the nomination process, potentially into March 2017, for Republicans this time around.

Here are three reasons Democrats gave for needing speedy confirmation of President Obama's nominees:

1. “As Quickly as We Possibly Could” During previous confirmation processes under President Obama, Democrats were eager to point out that “we have always had the tradition of moving these nominees as quickly as we possibly could,” as Sen. Dianne Feinstein (D-CA) said in 2015 about Loretta Lynch. 

2. “For the Good of the American People” Democrats in 2008 couched their insistence on a swift confirmation process as something “for the good of the American people,” as Sen. Pat Leahy (D-VT) did regarding Department of Justice nominees. Leahy insisted on getting nominees in place “before the inauguration.” 

3. “Prior to the President Actually Taking Office” Former Sen. Chris Dodd (D-CT) praised the idea of holding hearings “prior to the president actually taking office,” which he argued was important in allowing an administration “to get up and moving as quickly as possible.”

All of those reasons could apply to 2017 and President Trump's new administration as well, but Democrats have experienced a change of heart with the new administration and will drag out the process as long as possible.  They have once again failed to learn one of the lessons of 2016: the American people are tired of obstructionism in Washington and have demanded new leadership.

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. 

RNLA Congratulates Jennifer Choe Groves for Her Nomination to the U.S. Court of International Trade

The Republican National Lawyers Association (RNLA) is pleased to congratulate Jennifer Choe Groves on her nomination by President Obama to serve on the United States Court of International Trade. The U.S. Court of International Trade, an Article III court, has nationwide jurisdiction over civil actions arising out of U.S. customs and international trade laws. If confirmed by the U.S. Senate, Groves will be the first Asian Pacific American judge to serve on this court.

Groves has been a longtime supporter of the RNLA having previously served as a Secretary of our Board of Governors.

RNLA Executive Director Michael Thielen stated:

The RNLA was privileged to count Jennifer Choe Groves among our ranks and as part of our leadership team in the past. She will make a great addition to the U.S. Court of International Trade.

Groves is currently the Chief Executive Officer of Titanium Law Group PLLC and Choe Groves Consulting LLC, where she provides legal and consulting services in the areas of international trade and intellectual property. Previously, she was a partner at the law firms of Eckert Seamans Cherin & Mellott, LLC and Hughes Hubbard & Reed LLP.

Groves also served as the Senior Director of Intellectual Property and Innovation in the Office of the United States Trade Representative (USTR) in the Executive Office of the President. During her time at USTR, she also served as chair of the Special 301 Committee, where she led the interagency committee’s decision-making on international trade policy and intellectual property protection. Prior to joining USTR, Groves was Counsel at O’Melveny & Myers LLP and an associate at Fish & Neave LLP (now Ropes & Gray LLP). She began her legal career as an Assistant District Attorney in New York County District Attorney’s Office from and received her LL.M from Columbia Law School, her J.D. from Rutgers School of Law – Newark, and her A.B. from Princeton University.