'Do You Concur With The President's Assessment That He's A Sleazebag?': Schiff Grills Judicial Nom

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At today's Senate Judiciary Committee hearing, Sen. Adam Schiff (D-CA) questioned Whitney D. Hermandorfer, nominee to be United States Circuit Judge for the Sixth Circuit.

Transcript

00:00Speaker Schiff. Thank you, Mr. Chairman. Ms. Herfindorfer, welcome. I'm sure aware that it

00:08was recently said by President Trump, quote, it was suggested that I use the Federalist Society

00:14as a recommending source on judges. I did so, but then realized that they were under the thumb of a

00:20real sleazebag named Leonard Leo, a bad person who in his own way probably hates America. I want to

00:27ask you about this. You're a member of the Federalist Society, correct? That's correct. And for how long,

00:33for how many years? I believe I joined in law school, Senator. So over a decade ago then? About a decade.

00:41And were you recommended for a judgeship by the Federalist Society? I have no knowledge of why it

00:46was recommended or whether the Federalist Society had any role. The Federalist Society does though

00:53recommend judges to the administration, do they not? Or did they not? I had no involvement in that.

00:59I'm not sure. I've seen reporting to suggest they had some involvement, but I have no personal

01:04knowledge of that, Senator. Do you think having been a member of the Federalist Society for over

01:09a decade that they're under the thumb of a real sleazebag named Leonard Leo? Is that your view?

01:14In my perspective, the Federalist Society has been a wonderful place to get together with the many,

01:20many lawyers who are members and learned about the law and discussed issues. Aside from my own

01:26experience, as a judicial nominee, I don't think it's appropriate for me to comment on any public

01:31policy debate about the Federalist Society or the particular quotation you're referencing.

01:38Do you know Leonard Leo?

01:39I've met him a few times at Federalist Society events, but I wouldn't say that I know him well or

01:47that he knows me. Do you concur with the President's assessment that he's a sleazebag?

01:52Again, Senator, that type of interpersonal or political dispute I don't think is appropriate

01:57for me to comment on as a judicial nominee, given that either the President or Mr. Leo could come

02:03before me as party to a litigation. You clerked for Judge Richard Leon, did you not on the district

02:10court? That is correct. How would you describe Judge Leon? When I worked for Judge Leon, I had a wonderful

02:18experience. I think he was a judge who treated everybody with fairness and impartiality and was

02:25wonderful to his law clerks and it was a very enjoyable year clerking for him. And he took his

02:31responsibility seriously? In my experience, yes. And upheld the law and the Constitution in your

02:36view? We did our best to do so. You're aware that he ruled against the administration and against

02:43the President with respect to the President's executive order against WilmerHale? I am aware.

02:50Do you agree with Judge Leon's decision that the executive order was unlawful? That's pending

02:58litigation and it would be very inappropriate for me to express a view on the merits of that litigation

03:03or any other act of litigation. Well, the President has attacked the Federalist Society because the

03:10judges it has recommended don't always do what the President wants. Is that the role of a judge? Is that

03:17the role of Judge Leon or any other judge? Would that be your role to do what the President wants?

03:21That would not be my role. My role would be to carry out my oath, which would be to the Constitution

03:28first and foremost and any other laws that bind the rules of decision. So you're willing to rule

03:35against the administration, against Donald Trump's executive orders, if you believe them to be

03:40unlawful? If that's what the law requires, Senator. You are also an attorney at Williams and Connolly,

03:46is that correct? That's correct. And they represent Perkins Coey in the executive order case against

03:53that law firm, do they not? I'm aware of that fact. Is it important that law firms be able to represent

04:00individuals or causes that are unpopular and that are at times in disagreement with the administration?

04:07So certainly as a lawyer who represents a client that has views that people don't always agree with,

04:13I think it's an important role of an attorney to take on matters, no matter the political popularity.

04:22So you think it's appropriate for law firms to take on cases against the administration?

04:28I would not purport to limit any party in the representation that it would choose,

04:33and I don't want to be seen as commenting on any of the active litigation involving these issues.

04:39And would you agree that it would be inappropriate for a president or administration to try to punish a law firm

04:45for taking on a client whose interest was adverse to the administration?

04:50So, Senator, you're referencing, I believe, the pending litigation, and again,

04:56I've articulated why it's important for clients to have law firms.

05:00I'm not referencing any particular case.

05:01I'm asking you as a general principle, should the president of the United States be able to retaliate

05:06against a law firm that takes a case for a client whose interest is adverse to the administration?

05:12Again, embedded in the premise of that question is something that is referencing active litigation,

05:17and I just, as a matter of prudence, don't want to be seen as weighing in either way

05:22on whether that has occurred in any of these executive order cases.

05:25Because I stand by my answer that it is, of course, the role of a lawyer to represent clients

05:30consistent with the bounds of the law and ethics, and that's what I've tried to do in my role.

05:35Thank you, Mr. Chairman.

05:36I yield back.

05:37Professor.

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