AIConfirmation hearing for three DOJ Assistant Attorney General nominees

Federal Judge Confirmation HearingsSenate Judiciary · March 26, 2025 · 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 at▶ 0:14:37

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:14:37: Opened the hearing, introduced Eisenberg and Davis in detail▶ 0:15:33, read Sen. Cruz's introduction of Shumate▶ 0:30:34, administered the oath▶ 0:36:57, and later questioned Shumate on universal/nationwide injunctions and their lack of statutory basis▶ 0:52:55▶ 1:12:46, 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 Treasury▶ 1:19:15▶ 1:20:11.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:21:23: Condemned President Trump's calls to impeach judges and cited Chief Justice Roberts's statement opposing impeachment over disagreement with rulings▶ 0:21:46▶ 0:22:13; said every senior career National Security Division official has been removed since the administration began▶ 0:24:11; said he's sent more than 20 oversight requests with almost no response▶ 0:25:43; criticized Shumate's "wildly inappropriate" characterization of judicial orders blocking the birthright citizenship order▶ 0:26:13; later pressed Eisenberg on the Signal chat breach involving Secretary Hegseth▶ 0:56:24 and Shumate on his prior argument that removal protections make independent agencies unconstitutional and on Trump's comment about compensating January 6 rioters▶ 0:57:37▶ 1:00:17.

• Mr. Brett Shumate, nominee for Assistant Attorney General, Civil Division▶ 0:37:22: Introduced his family, thanked President Trump and AG Bondi, and described his prior DOJ and private-practice career▶ 0:37:22; testified that no statute or Supreme Court precedent authorizes nationwide/universal injunctions▶ 0:53:28▶ 1:13:27 and agreed Congress has a role to play in limiting them▶ 0:54:21; said he would always advise compliance with court orders and pursuing appeals▶ 0:55:51; declined to discuss internal advice on overturning Humphrey's Executor or on January 6 rioter compensation, citing deliberative-process concerns▶ 0:59:28▶ 1:00:41; agreed with Sen. Kennedy that only 27 universal injunctions were issued in the 20th century versus roughly 30 so far against Trump's second term▶ 1:17:38▶ 1:17:55.

• Mr. Patrick Davis, nominee for Assistant Attorney General, Office of Legislative Affairs▶ 0:39:42: Introduced his family, described his prior service as Grassley's investigative counsel including work on the Planned Parenthood and Crossfire Hurricane investigations▶ 0:39:42, and pledged transparency and responsiveness to committee oversight requests from both parties▶ 0:42:10; later said his classified report on COVID-19 origins remains classified and criticized flaws in the Biden administration's intelligence community review▶ 1:31:11▶ 1:31:35.

• Mr. John Eisenberg, nominee for Assistant Attorney General, National Security Division▶ 0:40:04: Introduced his family and legal background▶ 0:40:04; 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 Vindman▶ 0:49:18; said Congress "can't" be certain 702 protections are working and that reforms need study▶ 1:02:58; said the China Initiative "drifted" from its espionage purpose, produced a very low conviction rate, and should not be revived without reviewing that history▶ 1:09:13▶ 1:09:42; repeatedly declined to say whether the Signal chat breach was inappropriate, saying he had not read the chat and would "need to know more"▶ 1:22:11▶ 1:24:21.

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

• 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 protections▶ 1:01:14▶ 1:03:18; questioned Shumate on the nondelegation doctrine using the Allstate Refractory Contractors case and cited $1.5 trillion in annual regulatory costs▶ 1:04:58▶ 1:07:12; criticized Shumate's defense of the birthright citizenship order as "blatantly unconstitutional" per a district judge▶ 1:10:33.

• 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 Initiative▶ 1:08:13.

• 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 shopping▶ 1:13:31▶ 1:16:40▶ 1:17:59.

• 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 story▶ 1:21:45▶ 1:24:21; asked whether disparaging European allies on the app could harm diplomatic relations▶ 1:26:22.

• 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 Salvador▶ 1:29:03▶ 1:29:33; asked Davis about resistance within the intelligence community to COVID lab-leak findings▶ 1:30:31.

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 DOJ▶ 0:25:11▶ 0:25:43.

• 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 constitutional▶ 0:26:13▶ 0:26:44.

• 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 appeal▶ 0:55:51▶ 0:56:12▶ 0:56:22.

• 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 administration▶ 1:13:27▶ 1:16:18▶ 1:17:59.

• 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 specifics▶ 1:22:11▶ 1:24:21▶ 1:26:22.

• 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 it▶ 1:09:13▶ 1:10:07.

• 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 brother▶ 0:49:18▶ 0:51:54.

• 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 success▶ 0:59:28▶ 1:00:01.

• 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 months▶ 0:52:55▶ 0:53:28.

• 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 Department▶ 1:12:19.

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
DateMarch 26, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript243 caption blocks · 10,666 words · 1:33:13 runtime
EventCongress.gov 336749