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| What to Watch: Jeff Sessions’ Confirmation Hearing | |
| (35 minutes later) | |
| ■ Senator Jeff Sessions, Republican of Alabama, is before the Judiciary Committee to discuss his nomination to become attorney general. | |
| ■ He plans to offer assurances that he will be an independent attorney general and a check on President-elect Donald J. Trump. | |
| ■ Senator Dianne Feinstein, Democrat of California, offered sharp questions about whether Mr. Sessions would enforce laws that he voted against. | |
| ■ Retired Gen. John F. Kelly, the Homeland Security nominee, is scheduled to be on Capitol Hill on Tuesday afternoon. | ■ Retired Gen. John F. Kelly, the Homeland Security nominee, is scheduled to be on Capitol Hill on Tuesday afternoon. |
| Here’s the latest: | |
| Senator Charles E. Grassley of Iowa, the Republican chairman of the Judiciary Committee, kicked things off with a reminder that Mr. Sessions is not simply a nominee. He is a colleague. “We know him well,” he said. | |
| That is likely to be a running theme in the Republican message, a way to counter allegations that Mr. Sessions holds racist views. Ms. Feinstein, the new ranking Democrat on the committee, offered a rejoinder. “We’re not being asked to evaluate him as a senator,” she said. “We’re being asked to evaluate him as attorney general.” | |
| Ms. Feinstein criticized his vote against extending hate crime laws to cover gay men and lesbians, his support of waterboarding and his work to defeat bipartisan immigration bills. She questioned whether he would support laws that he voted against. | |
| She also said that it was important for Mr. Sessions to make clear that he would “tell the president no when necessary.” | |
| The last time Mr. Sessions faced a confirmation hearing, it did not end well for him. In 1986, President Reagan nominated Mr. Sessions for a federal judgeship. But accusations of racist comments and questions about a racially charged voter-fraud prosecution torpedoed his nomination. Witnesses testified that Mr. Sessions had, among other things, referred to the American Civil Liberties Union and the N.A.A.C.P. as “un-American” for “trying to force civil rights down the throats of people.” | The last time Mr. Sessions faced a confirmation hearing, it did not end well for him. In 1986, President Reagan nominated Mr. Sessions for a federal judgeship. But accusations of racist comments and questions about a racially charged voter-fraud prosecution torpedoed his nomination. Witnesses testified that Mr. Sessions had, among other things, referred to the American Civil Liberties Union and the N.A.A.C.P. as “un-American” for “trying to force civil rights down the throats of people.” |
| Back then, he seemed unprepared for such questions. He will surely face them again. This time, Republicans are leaving nothing to chance and have lined up African-American surrogates to speak on his behalf. | Back then, he seemed unprepared for such questions. He will surely face them again. This time, Republicans are leaving nothing to chance and have lined up African-American surrogates to speak on his behalf. |
| But Democrats are ready to counter those witnesses. In a rare break with tradition, Mr. Booker will testify against his fellow senator because of Mr. Sessions’s record on civil rights issues. Representative John Lewis, Democrat of Georgia, a hero of the civil rights movement, is also set to speak out against the nomination. | But Democrats are ready to counter those witnesses. In a rare break with tradition, Mr. Booker will testify against his fellow senator because of Mr. Sessions’s record on civil rights issues. Representative John Lewis, Democrat of Georgia, a hero of the civil rights movement, is also set to speak out against the nomination. |
| In his opening remarks, Mr. Sessions is to expected to focus less on his civil rights record and more on trying to assure senators that he would “be willing to tell the president ‘no’ if he overreaches.” | In his opening remarks, Mr. Sessions is to expected to focus less on his civil rights record and more on trying to assure senators that he would “be willing to tell the president ‘no’ if he overreaches.” |
| The attorney general “cannot be a mere rubber stamp to any idea the president has,” Mr. Sessions will say, according to prepared remarks released by the Trump transition team. | The attorney general “cannot be a mere rubber stamp to any idea the president has,” Mr. Sessions will say, according to prepared remarks released by the Trump transition team. |
| His assurances are aimed at critics who charge he would lack the independence to rein in Mr. Trump if the incoming president moves ahead with a series of incendiary campaign pledges, like reinstituting torture or temporarily banning Muslim immigrants. | His assurances are aimed at critics who charge he would lack the independence to rein in Mr. Trump if the incoming president moves ahead with a series of incendiary campaign pledges, like reinstituting torture or temporarily banning Muslim immigrants. |
| At the same time, Mr. Sessions plans to emphasize the law-and-order themes he was known for in the Senate. | At the same time, Mr. Sessions plans to emphasize the law-and-order themes he was known for in the Senate. |
| Mr. Trump’s former campaign manager once complained that journalists took the candidate “so literally.” Democrats can’t force Mr. Trump to testify under oath about whether he was serious about wanting to ban Muslim immigrants or require them to register with the government, deport millions of immigrants, reauthorize waterboarding or appoint a special prosecutor to investigate Hillary Clinton. But they can ask Mr. Sessions. | Mr. Trump’s former campaign manager once complained that journalists took the candidate “so literally.” Democrats can’t force Mr. Trump to testify under oath about whether he was serious about wanting to ban Muslim immigrants or require them to register with the government, deport millions of immigrants, reauthorize waterboarding or appoint a special prosecutor to investigate Hillary Clinton. But they can ask Mr. Sessions. |
| Look for Democrats to try to use Mr. Sessions to frame the legal limits of a Trump presidency. | Look for Democrats to try to use Mr. Sessions to frame the legal limits of a Trump presidency. |
| Besides the hot-button issues, listen to how Mr. Sessions answers questions about drug policy and mandatory-minimum sentences. For years, the Justice Department has essentially agreed not to interfere with states that legalized marijuana, and Mr. Sessions has steadfastly opposed that policy. His comments on Tuesday will signal whether he plans a confrontation with states like Colorado and California, or whether he might soften his stance as attorney general. | Besides the hot-button issues, listen to how Mr. Sessions answers questions about drug policy and mandatory-minimum sentences. For years, the Justice Department has essentially agreed not to interfere with states that legalized marijuana, and Mr. Sessions has steadfastly opposed that policy. His comments on Tuesday will signal whether he plans a confrontation with states like Colorado and California, or whether he might soften his stance as attorney general. |
| Republicans will probably try to bring up areas where Mr. Sessions has found common ground with Democrats, such as reducing the sentencing disparity between cases involving crack cocaine and those involving powder cocaine. | Republicans will probably try to bring up areas where Mr. Sessions has found common ground with Democrats, such as reducing the sentencing disparity between cases involving crack cocaine and those involving powder cocaine. |
| Mr. Sessions has a tough-on-crime record. Expect him to frame that record in terms of white-collar corporate crime, which liberals have said too often went unpunished under President Obama. | Mr. Sessions has a tough-on-crime record. Expect him to frame that record in terms of white-collar corporate crime, which liberals have said too often went unpunished under President Obama. |
| Mr. Sessions has been in the Senate for nearly 20 years and is liked by his colleagues. Moderate Republicans and at least one Democrat have already said that they will vote for him, which all but guarantees his confirmation. And General Kelly is likely to be easily confirmed. That does not mean Democrats will hold their fire, but they are likely to mount their most vigorous offensive against other nominees, including Representative Tom Price, a Georgia Republican who is Mr. Trump’s choice to be health secretary. | Mr. Sessions has been in the Senate for nearly 20 years and is liked by his colleagues. Moderate Republicans and at least one Democrat have already said that they will vote for him, which all but guarantees his confirmation. And General Kelly is likely to be easily confirmed. That does not mean Democrats will hold their fire, but they are likely to mount their most vigorous offensive against other nominees, including Representative Tom Price, a Georgia Republican who is Mr. Trump’s choice to be health secretary. |