President Trump's candidate for Attorney General said at a confirmation hearing Wednesday there were “extreme cases” in which elected officials could be able to defy court orders.
“In general, if there is a direct court order binding federal or state officials, they should follow that,” D. John Sawer told Sen. Dick Durbin (D-Ill.), a ranking member of the Senate Judiciary Committee.
Durbin has now zeroed for the use of candidates for the term “generally.”
“Why do you say it in general?” Durbin asked. “Please tell me what exceptions are acceptable to you?”
Sauer pointed to the 1944 incident that supported the legality of Japanese internment during World War II, and the 1857 incident that determined slavery was legal.
“When we're sitting here, if we're sitting again, I don't think I'll be able to think of any kind of virtual way,” Sauer said. “I think you can imagine hypotheses in extreme cases like the decision you know, the decision you know, the decision you know, the decision you know, the decision you know, the decision you know, the decision you know.”
In Kolematsu, Durbin asked Sauer to “explain to me the situation you think reassure the officials of following court orders.”
“Well, I believe there was a court order there. I think it was now correctly rejected by virtually everyone – a court order that upheld the internment of Japanese civilians,” Sauer said.
Durbin pointed out that the court's order was followed because it was “as bad as it was.”
Sauer replied. But once again, I don't want to discuss the hypothesis. ”
The exchange comes as Democrats have raised concerns about the possibility that Trump may violate court orders. He has recently leaned against Democratic concerns by calling himself King and posting on social media.
Durbin reiterated this concern in replying to Sauer at the hearing.
“I want to get into it because I think it's at the heart of the question of future constitutional challenges we face as a nation,” Durbin said. “There is a great fear among many people, academics and legal professionals as to whether this president will ignore court orders, which will essentially put him on the law, at least in his own eyes.
