In answers to follow-up questions after his Senate confirmation hearing, attorney general-designate Jeff Sessions said he played no role in writing or reviewing a series of controversial Trump executive orders on immigration.
Sen. Dianne Feinstein, ranking Democrat from California on the Judiciary Committee, sent Sessions a list of questions last weekend, as protests grew over the president’s temporary moratorium on non-American entry from seven terror-troubled countries. She wanted to know whether Sessions, whom some have called the “intellectual godfather” of Trump immigration policy, played any role in the executive orders.
“Did you read, review, provide legal analysis, or provide any other comments regarding the following executive orders before they were issued?” Feinstein asked Sessions, listing Trump orders on border security, interior enforcement, and the moratorium. “If so, please describe in detail what role you played with regard to each executive order. Also, please provide copies of any documents reflecting your input regarding the content of the orders.”
Sessions sent back a one-word answer: “No.”
Feinstein then noted news reports that Stephen Miller, a longtime Sessions aide who is now White House policy director, played a role in the executive orders. Did Sessions communicate in any way with Miller, or with top White House aide Steve Bannon, about the orders?
“I have had no such communications,” Sessions answered.
Next, Feinstein wanted to know about Sessions’ input into the 2016 Trump campaign. No doubt Sessions talked to candidate Donald Trump about issues, including immigration. But did he do more? “Did you participate in creating documents that resembled or served as the basis for the executive orders?” Feinstein asked.
Another one-word answer: “No.”
Next, Feinstein wanted to know what Sessions knew about the Justice Department review of the orders before they were signed by the president. She cited an erroneous report that the moratorium order was not approved by the Department’s Office of Legal Counsel (it was), and asked Sessions whether OLC had, in fact, reviewed the orders.
“As a United States senator, I have no knowledge regarding this matter,” Sessions answered.
Sessions gave the same answer when Feinstein asked whether the orders had been vetted by other federal agencies.
Feinstein had more questions. Is there a legal basis for denying entry to green card holders? To translators for the U.S. in Iraq? To dual citizens?
Sessions’ answer was the same to each: “It is my understanding that there may be ongoing litigation regarding this executive order involving the Department and therefore I cannot comment. This standard — refusing to opine on pending legal matters — has been adopted by previous nominees for attorney general and I believe it is wise to follow this precedent.”
Finally, Feinstein wanted to know what Sessions thought about statements made by fellow Republican Sens. John McCain, R-Ariz., and Lindsey Graham, R-S.C. The two lawmakers said the Trump moratorium executive order was “not properly vetted.” They said it would be a terrorist recruitment tool. What did Sessions think?
“Senators are certainly entitled to their opinions and to voice them,” Sessions said, with a certain dry understatement in the cases of McCain and Graham. Sessions then repeated that he cannot comment on ongoing litigation.
As attorney general, Jeff Sessions will play a big role in a number of issues raised by the Trump executive orders. But he firmly and definitively says he played no role in the orders themselves.
