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Hearing Highlights: Democrats Do Little to Undermine Jeff Sessions Hearing Highlights: Democrats Do Little to Undermine Jeff Sessions
(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 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 of Alabama 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 that waterboarding is “absolutely” illegal and that he did not support banning Muslims from the United States. ■ He said that waterboarding is “absolutely” illegal and that he did not support barring 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, was introduced by former Defense Secretary Robert M. Gates at the start of his confirmation hearing.
Here’s the latest:Here’s the latest:
Mr. Sessions came of age in the Justice Department at the height of the crack epidemic. He has described himself as a lieutenant in the war on drugs, said he was “heartbroken” when President Obama compared marijuana to alcohol, and criticized the administration for not enforcing drug laws in states like Colorado that have legalized marijuana. He said in 2015:
Flash forward to Tuesday. Mr. Sessions sidestepped questions about whether he would put the weight of the Justice Department behind drug prosecution in those states. Doing so would set up a huge fight over states’ rights and federal drug policy. “I know it won’t be an easy decision,” he said.
Senate Democrats do not have the votes, by themselves, to prevent Mr. Sessions from becoming attorney general, and they have spared their colleague any vitriol, doing little to undermine his confirmation. Mr. Sessions was prepared to face renewed questions about race and comments he was accused of making in the 1980s regarding the N.A.A.C.P., the American Civil Liberties Union and “un-American” views. Liberal activists have repeatedly disrupted the hearing, screaming “K.K.K.” or “racist.” But the questioning from Democrats has mostly focused on his Senate record and whether he would enforce laws that he disagreed with. He has said he would.Senate Democrats do not have the votes, by themselves, to prevent Mr. Sessions from becoming attorney general, and they have spared their colleague any vitriol, doing little to undermine his confirmation. Mr. Sessions was prepared to face renewed questions about race and comments he was accused of making in the 1980s regarding the N.A.A.C.P., the American Civil Liberties Union and “un-American” views. Liberal activists have repeatedly disrupted the hearing, screaming “K.K.K.” or “racist.” But the questioning from Democrats has mostly focused on his Senate record and whether he would enforce laws that he disagreed with. He has said he would.
In short, there is no indication so far that his confirmation is in jeopardy.In short, there is no indication so far that his confirmation is in jeopardy.
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 has previously said he supported the Justice Department legal analysis that authorized harsh interrogation in C.I.A. prisons, and has said that waterboarding works. 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.
Would you support a law that says, ‘You can’t come to America because you’re a Muslim’? asked Senator Lindsey Graham, Republican of South Carolina.
“No,” Mr. Sessions replied.
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?” asked Senator Charles E. Grassley, Republican of Iowa.
“Yes,” Mr. Sessions said. He added: “This country doesn’t punish its political enemies.” “Yes,” Mr. Sessions said. “This country doesn’t punish its political enemies.”
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. Mr. Sessions last faced the Judiciary Committee 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 had 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.”
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.” 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 said 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.
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. While Mr. Sessions faced some tough questioning, the early going for General Kelly was more gentle. Mr. Gates, a former defense secretary under Mr. Obama and George W. Bush, introduced General Kelly as a “straight-talking, candid, courageous leader who will say exactly what he thinks.” But what sets him apart, Mr. Gates said, is his character.
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. “To put it quite simply, he is one of the finest people I have ever known,” he said. “I would trust him with my life.”
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. Senator Claire McCaskill of Missouri, the committee’s top Democrat, asked Mr. Kelly to be ready to take tough questions, but thanked him for providing the disclosures necessary by the Office of Government Ethics, whose review was completed this week.
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. She asked Mr. Kelly to hew closely to what he had described as his greatest strength: speaking truth to power.
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. “That was music to my ears,” Ms. McCaskill said. “I believe very much in that principle, and I think we all anticipate that you will need it in your next job.”
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. “Given your experience, I expect you to be up to that challenge,” she added. “And I think if you’re backing down, you’ll probably hear from me.”