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Dick Durbin Calls Out Solicitor General Sauer's Answer To ACB During Birthright Citizenship Hearing
Forbes Breaking News
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5/28/2025
At a Senate Judiciary Committee hearing prior to the Congressional recess, Sen. Dick Durbin (D-IL) slammed Solicitor General D. John Sauer for his argument before the Supreme Court.
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00:00
Earlier this year, I asked Judicial, pardon me, Justice Department nominees a simple question.
00:06
May a public official defy a court order?
00:10
Shockingly, the nominees, including the future Solicitor General, John Sauer, refused to give an unequivocal response.
00:20
Now, days ago, Mr. Sauer faced the same question, and he repeated this legal dodge before the Supreme Court of the United States.
00:27
During arguments in a case challenging the president's illegal birthright citizenship executive order,
00:34
Justice Barrett, known as a Trump nominee, asked Mr. Sauer if the administration would follow circuit court rulings.
00:45
Mr. Sauer responded that the governor's policy is to, quote,
00:49
generally, generally respect circuit precedent, but not necessarily in every case.
00:57
As our colleague, Senator Kennedy, said earlier this year, and I quote,
01:02
don't ever, ever take the position that you're not going to follow the order of a federal court.
01:08
Ever.
01:10
Mr. Geiser has been nominated to lead the Office of Legal Counsel,
01:13
which provides legal advice to the president and all executive branch agencies.
01:17
I want to hear what he believes, that the policy of the federal government should be,
01:22
and whether he can ignore court rulings that don't suit any president's whim.
01:28
From day one, the administration has had one goal, bringing our immigration system to a breaking point.
01:34
I will confess some prejudice in this matter.
01:38
I am the son of an immigrant who came to the chairmanship of this committee.
01:42
I'm proud of it.
01:43
If you visit my office, you're going to find my mom's naturalization certificate behind my desk,
01:48
making it clear to all visitors where I stand on the issue of immigration.
01:53
I like to believe that my family and virtually all of the immigrant families have made this a stronger nation.
02:03
Beyond unlawfully attempting to end birthright citizenship, which is enshrined in the Constitution,
02:09
the administration has made it harder for legal immigrants to apply for citizenship and naturalize.
02:15
This administration has made it harder for dreamers who want to do the right thing.
02:19
Now, these were kids brought to the United States by their parents.
02:23
They didn't make a conscious decision to get in the car and drive across the border.
02:27
Their parents did.
02:28
They've grown up here in the United States, showed up in the classrooms,
02:32
and pledged allegiance to the same flag we pledge allegiance to every day.
02:36
It wasn't until they were teenagers that they knew the real reality that they face.
02:42
They want to do the right things.
02:43
They want to apply for programs like DACA so that they can receive work permits
02:47
and continue to contribute to the American economy.
02:51
I'm disappointed to hear that Mr. Edlow, who came by my office,
02:55
nominated to lead USCIS, opposes DACA,
02:59
when even President Trump claims that he doesn't want to deport dreamers.
03:03
Despite his personal opinions, I want to hear how Mr. Edlow will ensure that USCIS
03:08
will promptly process DACA applications of eligible dreamers.
03:14
The administration has also ended temporary protective status for people who fled Afghanistan and Venezuela,
03:21
falsely claiming these countries are safe to return to.
03:24
These actions are cruel.
03:27
In the name of carrying out Trump's mass deportation agenda,
03:30
Attorney General Bondi has made the Department of Justice a shell of its former self.
03:35
Thousands of federal law enforcement agents have been diverted from drug trafficking
03:41
and violent crime to deporting immigrants who pose no threat to our safety.
03:47
Mr. Woodward, nominated to be the number three official of the Justice Department,
03:51
will oversee Justice Department grant-making.
03:54
The Civil Rights Division and many other components are now under attack.
03:57
The Justice Department at the direction of DOGE took their chainsaw to hundreds of millions of dollars
04:06
in federal grants to support public safety and our police.
04:10
Programs supporting violence reduction, victim services, child protection,
04:15
and substance use and mental health have been gutted.
04:19
Ask law enforcement in your favorite community how you stop crime.
04:23
They have an important job to do, and we know that.
04:26
When we dial 911, we want to make sure that the right person is answering the call.
04:31
But they will also tell you we cannot arrest our way out of violent crime.
04:35
We need to do more.
04:37
I believe that.
04:38
For nearly 70 years under Republican and Democratic administrations alike,
04:43
the Civil Rights Division protected the civil and constitutional rights of all Americans.
04:48
Once known as the crown jewel of the Justice Department,
04:50
it has now been reduced to litigating a narrow set of cases aligned with the MAGA agenda.
04:57
This is anathema to how this division has operated historically.
05:01
I want to hear from Mr. Woodward whether the Justice Department will continue to capitulate
05:05
or will it help restore the Justice Department's intended function,
05:09
protecting the safety and rights of all Americans.
05:12
Thank you, Mr. Chairman.
05:13
Now, in this order, we'll hear from Senator Marino, Tillis, and Moody to introduce the nominees.
05:24
Senator Marino.
05:26
Chairman Grassley and...
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