Durbin pushed all nominees to answer if they believe a litigant—including the Executive Branch—can lawfully deny a court order
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned Joseph Edlow, nominated to be the Director of United States Citizenship and Immigration Services (USCIS); Elliot Gaiser, nominated to be the Assistant Attorney General for the Office of Legal Counsel (OLC); John Squires, nominated to be the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO); and Stanley Woodward, nominated to be the Associate Attorney General, during a Senate Judiciary Committee nominations hearing.
Durbin began by asking all nominees if they believe a litigant—including officials in the Executive Branch—can lawfully defy a court order.
Mr. Woodward first responded that he “take[s] issue with the premise of the question insofar as district court judges are not holding that President Trump’s orders are illegal or unconstitutional.”
Durbin pushed back by saying, “If you would stick to my hypothetical—an approach that is very clear… Do you believe that officials in the Executive Branch can lawfully defy a court order, yes or no?”
Mr. Woodward responded that he believes President Trump will follow “any” order of the Supreme Court.
Mr. Squires also said that they believe the Supreme Court orders will be followed by the Executive Branch. However, neither answered as to whether a government official can lawfully defy a lower court order.
“Do you believe any executive official can lawfully defy a court order?” Durbin asked.
Mr. Gaiser responded “no.” Mr. Edlow responded to the question by saying, “I am not here [as an] attorney, but I am here as a [nominee].”
Durbin responded, “I don’t believe you need a law degree to answer this question. Can an executive official lawfully defy a court order?”
Mr. Edlow responded, “given the speculative nature [to] the question—my answer is the same.”
“No response. This is what troubles me greatly. If we cannot agree on this as the basic premise of our rule of law, where in the world are we headed as a nation?” Durbin asked.
Durbin then asked Mr. Squires about President Trump’s executive order against Perkins Coie—a law firm where he was a partner.
“Mr. Squires, have you ever engaged in dishonest and dangerous activity at a law firm?” Durbin asked to Mr. Squires, and Mr. Squires responded that he has not.
In March, President Trump issued an executive order targeting Perkins Coie by, among other actions, suspending the firm’s lawyers’ security clearances and terminating its federal contracts.
“Did you read the position on your former law firm? The executive order claimed that the firm’s ‘dishonest and dangerous activity […] has affected this country fordecades.’ The order further alleged that the firm is ‘undermining democratic elections, the integrity of our courts, and honest law enforcement.’ Did you see any evidence of that activity when you were a member of that firm?” Durbin asked.
After first deflecting the question, Mr. Squires responded, “in my areas of responsibility, I saw no evidence of wrongdoing.”
Video of Durbin’s questions in Committee is available here.
Audio of Durbin’s questions in Committee is available here.
Footage of Durbin’s questions in Committee is available here for TV Stations.
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