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| Hearing Highlights: Sessions Opposes Banning Muslims | |
| (about 1 hour later) | |
| Right Now: Times reporters are covering the Sessions hearing live here. Catch up on highlights below. | Right Now: Times reporters are covering the Sessions hearing live here. Catch up on highlights below. |
| ■ Senator Jeff Sessions, Republican of Alabama, is before the Judiciary Committee to discuss his nomination to become attorney general. He offered assurances that he would be willing as attorney general to tell President-elect Donald J. Trump “no” and not be “a mere rubber stamp.” | ■ Senator Jeff Sessions, Republican of Alabama, is before the Judiciary Committee to discuss his nomination to become attorney general. He offered assurances that he would be willing as attorney general to tell President-elect Donald J. Trump “no” and not be “a mere rubber stamp.” |
| ■ He said he did not support banning Muslims from the United States. | ■ He said he did not support banning Muslims from the United States. |
| ■ Because of comments he made during the presidential campaign, Mr. Sessions said he would recuse himself from any lingering investigations involving Hillary Clinton’s emails or her family’s foundation. | ■ Because of comments he made during the presidential campaign, Mr. Sessions said he would recuse himself from any lingering investigations involving Hillary Clinton’s emails or her family’s foundation. |
| ■ 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: | Here’s the latest: |
| Mr. Sessions, who has supported the use of waterboarding as an interrogation tactic, said that current law makes it “absolutely improper and illegal.” That’s important because it suggests that Mr. Sessions sees no workaround that would allow Mr. Trump to reinstate such tactics. Mr. Sessions previously said he supported the Justice Department legal analysis that authorized harsh interrogation in C.I.A. prisons, and said that waterboarding worked. By saying that the law against waterboarding is clear, Mr. Sessions makes it much harder, if not impossible, for Mr. Trump to bring it back. | Mr. Sessions, who has supported the use of waterboarding as an interrogation tactic, said that current law makes it “absolutely improper and illegal.” That’s important because it suggests that Mr. Sessions sees no workaround that would allow Mr. Trump to reinstate such tactics. Mr. Sessions previously said he supported the Justice Department legal analysis that authorized harsh interrogation in C.I.A. prisons, and said that waterboarding worked. By saying that the law against waterboarding is clear, Mr. Sessions makes it much harder, if not impossible, for Mr. Trump to bring it back. |
| In response to a question about whether he supported a temporary ban on Muslim immigration, as Mr. Trump has suggested, Mr. Sessions said he did not. “I have no belief and do not support the idea that Muslims as a religious groups should be denied admission to the United States,” he said. But he noted that Mr. Trump has since clarified that the restriction should be on immigration from countries that support terrorism. He said religious views — where, for example, they include justification for violence against Americans — should be considered as part of the visa progress. | In response to a question about whether he supported a temporary ban on Muslim immigration, as Mr. Trump has suggested, Mr. Sessions said he did not. “I have no belief and do not support the idea that Muslims as a religious groups should be denied admission to the United States,” he said. But he noted that Mr. Trump has since clarified that the restriction should be on immigration from countries that support terrorism. He said religious views — where, for example, they include justification for violence against Americans — should be considered as part of the visa progress. |
| Mr. Sessions was a top surrogate for Mr. Trump during a campaign in which “lock her up!” was a rallying cry against Mrs. Clinton. Mr. Sessions said that if there were lingering investigations into Mrs. Clinton’s use of a private email server or her family foundation, he would recuse himself. | Mr. Sessions was a top surrogate for Mr. Trump during a campaign in which “lock her up!” was a rallying cry against Mrs. Clinton. Mr. Sessions said that if there were lingering investigations into Mrs. Clinton’s use of a private email server or her family foundation, he would recuse himself. |
| “You intend to recuse yourself from both the Clinton email matter and any investigation involving the Clinton foundation, if there are any?” Senator Charles E. Grassley asked. | “You intend to recuse yourself from both the Clinton email matter and any investigation involving the Clinton foundation, if there are any?” Senator Charles E. Grassley asked. |
| “Yes,” Mr. Sessions said. He added: “This country doesn’t punish its political enemies.” | “Yes,” Mr. Sessions said. He added: “This country doesn’t punish its political enemies.” |
| The F.B.I.’s investigation into Ms. Clinton’s email server is closed. And while a preliminary investigation into the Clinton Foundation is open, senior career officials at the F.B.I. and Justice Department have said there is little basis for the case to move forward. | The F.B.I.’s investigation into Ms. Clinton’s email server is closed. And while a preliminary investigation into the Clinton Foundation is open, senior career officials at the F.B.I. and Justice Department have said there is little basis for the case to move forward. |
| When Mr. Sessions last faced the Judiciary Committee, it was three decades ago for a seat on the federal bench. His nomination failed, in part over allegations that he had described civil rights groups as “un-American” and that he suggested a white lawyer was a disgrace to his race for representing African-Americans. At the time, he said his comments were misunderstood or taken out of context. He offered a more forceful denial this time: “I never declared that the N.A.A.C.P. was ‘un-American’ or that a civil rights attorney was a ‘disgrace to his race,’” Mr. Sessions said. | When Mr. Sessions last faced the Judiciary Committee, it was three decades ago for a seat on the federal bench. His nomination failed, in part over allegations that he had described civil rights groups as “un-American” and that he suggested a white lawyer was a disgrace to his race for representing African-Americans. At the time, he said his comments were misunderstood or taken out of context. He offered a more forceful denial this time: “I never declared that the N.A.A.C.P. was ‘un-American’ or that a civil rights attorney was a ‘disgrace to his race,’” Mr. Sessions said. |
| In 1986 he described it this way: | In 1986 he described it this way: |
| And here’s how he described the “disgrace to his race” exchange. | And here’s how he described the “disgrace to his race” exchange. |
| Mr. Sessions assured his Senate colleagues that he would strictly adhere to the Constitution and stand up to the president if needed. He’s been consistent for years that senators should apply that test to Justice Department nominees. | Mr. Sessions assured his Senate colleagues that he would strictly adhere to the Constitution and stand up to the president if needed. He’s been consistent for years that senators should apply that test to Justice Department nominees. |
| The Republican theme of the hearing is that Mr. Sessions is a known entity, and he reinforced that in his opening remarks. “You know who I am,” he said. “You know what I believe in.” | The Republican theme of the hearing is that Mr. Sessions is a known entity, and he reinforced that in his opening remarks. “You know who I am,” he said. “You know what I believe in.” |
| That won’t ease the fears of many Democrats. Mr. Sessions has been a far-right conservative Republican for decades and believes that the Justice Department has overreached in its enforcement of civil rights laws. | That won’t ease the fears of many Democrats. Mr. Sessions has been a far-right conservative Republican for decades and believes that the Justice Department has overreached in its enforcement of civil rights laws. |
| Senator Grassley, the Iowa Republican who 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. | Senator Grassley, the Iowa Republican who 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 may be 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.” | That may be 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 Mr. Sessions’ 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. | Ms. Feinstein criticized Mr. Sessions’ 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.” | 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. |