AIConfirmation hearing for three DOJ Assistant Attorney General nominees

Federal Judge Confirmation HearingsSenate Judiciary · 2025-03-26 · 119th Congress
The Senate Judiciary Committee met to consider the nominations of John Eisenberg (Assistant Attorney General for National Security), Brett Shumate (Assistant Attorney General for the Civil Division), and Patrick Davis (Assistant Attorney General for the Office of Legislative Affairs), all three Department of Justice posts. Begins at 0:14:37
Transcript
Highlights

Title

Confirmation hearing for three DOJ Assistant Attorney General nominees

Purpose

The Senate Judiciary Committee met to consider the nominations of John Eisenberg (Assistant Attorney General for National Security), Brett Shumate (Assistant Attorney General for the Civil Division), and Patrick Davis (Assistant Attorney General for the Office of Legislative Affairs), all three Department of Justice posts. Chair Grassley and colleagues introduced the nominees' backgrounds before questioning turned to nationwide injunctions, DOJ's defense of the birthright-citizenship executive order, the Signal group-chat national security breach, whistleblower retaliation allegations, and independent-agency removal protections. Begins at0:14:37

Who spoke

Chair Chuck Grassley (R-IA)0:14:37: Opened the hearing, introduced Eisenberg and Davis in detail0:15:33, read Sen. Cruz's introduction of Shumate0:30:34, administered the oath0:36:57, and later questioned Shumate on universal/nationwide injunctions and their lack of statutory basis0:52:551:12:46, and pressed for responsiveness to his 144 oversight letters and enforcement of the False Claims Act, which he said has returned $78 billion to the Treasury1:19:151:20:11.

Sen. Dick Durbin (D-IL), Ranking Member0:21:23: Condemned President Trump's calls to impeach judges and cited Chief Justice Roberts's statement opposing impeachment over disagreement with rulings0:21:460:22:13; said every senior career National Security Division official has been removed since the administration began0:24:11; said he's sent more than 20 oversight requests with almost no response0:25:43; criticized Shumate's "wildly inappropriate" characterization of judicial orders blocking the birthright citizenship order0:26:13; later pressed Eisenberg on the Signal chat breach involving Secretary Hegseth0:56:24 and Shumate on his prior argument that removal protections make independent agencies unconstitutional and on Trump's comment about compensating January 6 rioters0:57:371:00:17.

Mr. Brett Shumate, nominee for Assistant Attorney General, Civil Division0:37:22: Introduced his family, thanked President Trump and AG Bondi, and described his prior DOJ and private-practice career0:37:22; testified that no statute or Supreme Court precedent authorizes nationwide/universal injunctions0:53:281:13:27 and agreed Congress has a role to play in limiting them0:54:21; said he would always advise compliance with court orders and pursuing appeals0:55:51; declined to discuss internal advice on overturning Humphrey's Executor or on January 6 rioter compensation, citing deliberative-process concerns0:59:281:00:41; agreed with Sen. Kennedy that only 27 universal injunctions were issued in the 20th century versus roughly 30 so far against Trump's second term1:17:381:17:55.

Mr. Patrick Davis, nominee for Assistant Attorney General, Office of Legislative Affairs0:39:42: Introduced his family, described his prior service as Grassley's investigative counsel including work on the Planned Parenthood and Crossfire Hurricane investigations0:39:42, and pledged transparency and responsiveness to committee oversight requests from both parties0:42:10; later said his classified report on COVID-19 origins remains classified and criticized flaws in the Biden administration's intelligence community review1:31:111:31:35.

Mr. John Eisenberg, nominee for Assistant Attorney General, National Security Division0:40:04: Introduced his family and legal background0:40:04; denied allegations he retaliated against Eugene Vindman, citing executive-privilege constraints that prevented him from being interviewed for the 2022 DoD IG report and detailing conduct concerns about Vindman0:49:18; said Congress "can't" be certain 702 protections are working and that reforms need study1:02:58; said the China Initiative "drifted" from its espionage purpose, produced a very low conviction rate, and should not be revived without reviewing that history1:09:131:09:42; repeatedly declined to say whether the Signal chat breach was inappropriate, saying he had not read the chat and would "need to know more"1:22:111:24:21.

Sen. Lindsey Graham (R-SC)0:27:28: Called for condemning violence against the judiciary while criticizing prior treatment of Justices Gorsuch and Kavanaugh0:27:28; praised Eisenberg's qualifications and family0:28:00.

Sen. Mike Lee (R-UT)1:01:14: Asked Eisenberg about "backdoor" warrantless Section 702 searches of Americans' communications, noting AG Bondi had called them "concerning," and argued Congress must legislate further protections1:01:141:03:18; questioned Shumate on the nondelegation doctrine using the Allstate Refractory Contractors case and cited $1.5 trillion in annual regulatory costs1:04:581:07:12; criticized Shumate's defense of the birthright citizenship order as "blatantly unconstitutional" per a district judge1:10:33.

Sen. Josh Hawley (R-MO)1:07:34: Asked all three nominees standard fitness questions about sexual harassment conduct and discipline (all answered "no")1:07:59; pressed Eisenberg on Project 2025's call to revive the China Initiative1:08:13.

Sen. John Kennedy (R-LA)1:12:46: Walked Shumate through a rapid line of questions establishing that universal injunctions lack statutory, constitutional, or English common-law basis, that only 27 were issued in the 20th century versus a high number under Trump's first term and about 30 so far in his second, and that they encourage forum shopping1:13:311:16:401:17:59.

Sen. Adam Schiff (D-CA)1:21:21: Pressed Eisenberg repeatedly on whether discussing military strike plans on the Signal commercial app was appropriate, noting Eisenberg had not read the chat despite it being a major national security story1:21:451:24:21; asked whether disparaging European allies on the app could harm diplomatic relations1:26:22.

Sen. Eric Schmitt (R-MO)1:27:04: Argued Democrats were silent about prior national security lapses and cited Justice Jackson's Youngstown framework on the "apex" of presidential power, discussing the Alien Enemies Act case involving Venezuelan deportees to El Salvador1:29:031:29:33; asked Davis about resistance within the intelligence community to COVID lab-leak findings1:30:31.

Key moments

Durbin said Attorney General Bondi committed to personally review committee oversight requests but he has received "not a single meaningful response" to more than 20 requests, including seven to DOJ0:25:110:25:43.

Durbin quoted Shumate as having called a judicial order blocking the birthright citizenship order "wildly inappropriate," and cited a judge's statement expressing difficulty understanding how "a member of the bar" could argue the order is constitutional0:26:130:26:44.

Under oath, all three nominees agreed litigants including the executive branch cannot lawfully defy a court order, saying instead the proper path is compliance and appeal0:55:510:56:120:56:22.

Sen. Kennedy elicited from Shumate that there is no statutory, Supreme Court, or English common-law basis for universal/nationwide injunctions, that only 27 were issued in the 20th century, and that the tool has become "a weapon" used against the Trump administration1:13:271:16:181:17:59.

Eisenberg repeatedly declined to characterize the Signal group-chat national security breach as inappropriate, telling Sen. Schiff he had not read the chat and "would need to know more," even after Schiff detailed strike-target and ally-disparagement specifics1:22:111:24:211:26:22.

Eisenberg said the China Initiative "drifted" from countering espionage toward prosecuting university professors largely of Chinese heritage over paperwork errors, with a conviction rate "practically nonexistent," and recommended against reviving it1:09:131:10:07.

Eisenberg denied retaliating against Eugene Vindman, explaining that executive privilege blocked his side of the story from the 2022 DoD IG investigation until after the report was issued, and detailed specific conduct concerns about Vindman attending unauthorized meetings and seeking travel reimbursement for his brother0:49:180:51:54.

Shumate declined to say whether he participated in internal conversations about overturning Humphrey's Executor, citing deliberative-process concerns, prompting Durbin to press him twice without success0:59:281:00:01.

Grassley cited quoting Justice Kagan that "it just can't be right that one judge can stop a nationwide policy," and Shumate agreed there had been an "unprecedented number" of nationwide injunctions in the administration's first two months0:52:550:53:28.

Sen. Lee criticized Shumate's defense of the birthright citizenship order given "a lot of precedent" against it, calling the position not what he'd expect of the Justice Department1:12:19.

Metadata

Official titleHearings to examine the nominations of Patrick David Davis, of Maryland, John Andrew Eisenberg, of Virginia, and Brett Shumate, of Virginia, each to be an Assistant Attorney General, Department of Justice.
CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
Date2025-03-26
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript243 caption blocks · 10,666 words · 1:33:13 runtime
EventCongress.gov 336749