Transcripts For CSPAN2 Senate Judiciary ATF Director Judicial Nominees Confirmation Hearing 20240714

Being late. I really dont have any opening remarks but i welcome all of our colleagues that will do introductions and alternate over to senator feinstein. Thank you very much, mr. Chairman. As you can see we have four nominees before the committee today. I would like to welcome the majority leader, thank you for being here. We have not had a Senate Confirmed director of the atf since march 2015. In fact, weve only had one Senate Confirmed head of the agency since the director position was subject to Senate Confirmation in 2006. I am very pleased that members of this committee will have the ability to question not only on his record but also on his priorities for combating gun violence should he be confirmed to this position. I really have been at this for so long and i have seen as experience so many senseless tragedies at the hands of firearms. From parkland to newtown from San Bernardino to sullivan springs, from las vegas to the streets of chicago, and most recently at a Food Festival in gilroy. It is a very rural community. Gun violence has cut short to many lives in this country, i was so saddened at the picture of a 6yearold boy and two others who were gunned down at the gilroy garlic festival on sunday. What is most to be a time of Summer Celebration in my state has instead become another tragedy inflicted by guns. No American Community today is safe from the harmful impact of firearms. Students and teachers, concertgoers and Police Officers, we all suffer from this countrys failure to address guns. I just want to point out, the atf plays a vital role in enforcing the nations existing gun laws. So the position to which mr. Canterbury has been nominated is really critically important to an effort that we should never abandon and thats the intent to put an end to gun violence that is cost so many in this country. We also as you know have three judicial nominees and i will not go into that. We will have their hearing and i thank you for this opportunity. We will now hear from senator mcconnell. Senator paul came out at ten todays hearing in a statement of place in the record. Without objection and senator mcconnell foragers. Thank you mr. Chairman, senator feinstein, it is a great pleasure to be here this morning to introduce him. President trump made a wise choice and nominating justin to be a district judge for the Western District of kentucky. I would like to share with you how i first met him. His grandfather called me and said my grandson is in high school and he is doing a paperwork on the 1984 republican sweep of congress. Would you be willing to let him interview you . I had sort of routinely done High School Interviews but i said sure. He came in and asked a whole lot of incredibly insightful questions and when he finished i said how about sending me a copy of your paper. I would like to read it. He did, and i did. It read like a phd dissertation. He one to do and graduated with distinction went to Harvard Law School and graduated with distinction. Clerk for judge kavanaugh, clerk for judge kennedy and Justice Kennedy and this is unquestionably the most outstanding nomination ive ever recommended in the course of my career to serve on the bench in kentucky. Its a particular pleasure to be here today on his behalf. I just mention the clerkship that he had at the highest level of the judiciary. During his Supreme Court clerkship Forbes Magazine recognized justin as part of his 30 under 30 list for law and public policy. Since he returned home to kentucky he began teaching at the law school. Justin has worked hard to in the trust of his colleagues in the respect of his students. His Committee Received over a dozen letters on more than 200 kentuckians who have known him as a teacher, colleague and a friend. These letters share a common theme. Justin is a thoroughly impressive nominee with all the necessary qualifications to succeed on the federal bench. His fellow protesters including the dean of the law school wrote that his dedication to others will be a great benefit to the federal bench. To his students, he is a teacher, mentor, career coach and a constant source of encouragement. Justin and his wife invite all the students over for dinner at the start of the first year of law school, he worked individually with each of them to improve skills and prepare them to join the profession. These are examples of the dedication and focus he puts forward helping his students reach their full potential. In the courtroom he is known for immersive preparation, advocacy for his class and excellence in trial. He has made quite an impression on the legal communities. And his openminded approach will surely benefit all appear before him. These responsible these might be enough for most people but not just appear he and his wife also lead a Nonprofit Organization called global Game Changers with a focus on underserved children, this Organization Helps young people improve their lives and make a positive impact on their community. Simply put, our commonwealth and the nation would be lucky to have a remarkable individual Justin Walker on the bench and through the course of this confirmation process i expect you will see what i have described. Joining me too support justin commitment to public servic sere his member under mother, family, friends and colleagues and of course his wife and their daughter isabella. Thank you again for the opportunity to come by and put in a good word for this impressive young man. Thank you, senator mcconnell. Next we will have senator shelby will introduce mr. Robert, nominee to the United States district judge the middle district of alabama. Thank you chairman and Ranking Member feinstein. A distinguished colleagues. I am here today to speak on behalf of of austin, he has been nominated by the president to be the u. S. District judge for the middle district of alabama. Austin is joined by his wife suzanne, children mary virginia and im sure hell introduce them later in other family members who travel to be here today. I know that his mother is also probably watching this hearing. Also an excellent choice for this role he is well respected among his peers and widely recognized in the Legal Community. From a young age he demonstrated a determination to succeed in just about everything he was involved in. He was recruited to play the Ivy League Football but he chose to focus on his studies and went to vanderbilt and majored in Chemical Engineering the law. He graduated with honors with the distinction. After graduation in Chemical Engineering he returned home to alabama to pursue his study of law with the university of alabama where he graduated. While in law school he was a hugo black scholar and a member of the review, the honor society, the john kamel court team. Following his law school he went to work with the distinguished firm in Montgomery Alabama where he made partner after a few years of hard work and dedication. Hes also been involved in his community and the Bar Association and everything related to it. He was chosen by the federal judges of the middle district of alabama to select a new federal magistrate judge, just some of this in his experience and proficiency in the courtroom show his ability and he comes from a long line of distinguished lawyers including his late father and his brother. His father was recently inducted in Alabama Lawyers hall of fame. I have my utmost respect for him. I have been watching them move over the years and recently he was reprimande recommended by tn Bar Association with highest recommendation can make. I am here today to recommend him to this Committee Without any reservation. I think you. Thank you, mr. Chairman and senator feinstein. I would first like to say what a pleasure it is to be in front of this committee. I started my career on the wall back there when senator kennedy was a chair and Ranking Member. I was the low person in the rank and they kept me back in the anteroom. I am pleased to be here with senator shelby to recommend to the committee the consideration of austin for the seat on the United States court for the middle district of alabama, thats in Montgomery Alabama. I appreciate and will not recount all the senator said. Youve heard austins impressive career and his resume. I reviewed that record as well. I knew his father well and so he comes from really wonderful stock. I am absolutely confident that austin has experience in the integrity and the temperament to be an outstanding federal judge. I met with him, my staff met with him he will be candid with you. He was thoughtful and will be thoughtful with the appear he is fair and i expect he will serve the people of alabama with distinction. I have received a number and provided the committee with a number of absolutely superb letters of recommendation from judges and colleagues from former clients and opposing counsel. That support austins nomination in late yesterday i received an additional letter to submit for the record, this one is particularly important. It comes from jc love, an attorney in montgomery who is a past president of the capital city Bar Association which serves the city of montgomery minority attorney population. He is known for a number of years and he writes in particular, it is not just austins legal experience, its his personal qualities that gives me confidence that he will be a great judge. It is worth connect and family values. His passion for the profession and his compassion for all those involved in court cases that sets austin apart from other attorneys. I witnessed firsthand how tirelessly he works, how his compassion for others can influence lives and how dedicated he is to his community. You will hear more from him himself, i am confident of his abilities and the fact he will make an outstanding judge and i highly recommend him to this committee. Thank you, mr. Chairman for allowing me too be here. Next senator bozeman and cotton will introduce mr. Lee, the United States district judge for the Eastern District of arkansas. Take you mr. Chairman. And Ranking Member feinstein to serve as a u. S. District judge for the Eastern District of arkansas. He has a long history of public service, he served the great state of arkansas and its his first general for the clerk of appeals for the ninth circuit, the Supreme Judicial Court of massachusetts, the office of counsel to the governor of massachusetts. In the office of counsel to the president of the United States during the George W Bush administration. In recent years, he was a professor of George Mason University school of law teaching lawyers about environmental and a ministry the law. The graduate of cornell and harvard, he also spent years with complex commercial and constitutional cases in private practice. In his current role hes a senior director for intercorruption compliance at walmart simply put he has legal experience in law firms in the courtroom and the judges chamber. He is certainly very wellqualified. In closing i very much support his nomination and encourage this committee to do the same. Thank you, mr. Chairman. Thank you, mr. Chairman. I joined senator bozeman and introducing and expressing my support of the president s nominee to the United States District Court of arkansas. He is exactly the type of tourist we want in arkansas. Intelligent, impartial and cemented to the rule of law. Thats why senator bozeman and i recommended him and we suspect you will agree. He was not born in arkansas but he got here as fast as he could. He and his wife feel blessed to raise their three children. He graduated from cornell at Harvard Law School. He worked during school in the White House Counsel Office and the office of the counsel to the governor of massachusetts he even volunteered with committee during the confirmation of chief justice roberts. He fought for the Judicial Court of massachusetts and the court of appeals of the ninth circuit. He worked for the law firm in ellis. He served inhouse counsel for organizations with just a couple dozen employees in another with millions. He served ably other states solicitor general. He sacrificed a lot to sacrifice our state. He left a great job at walmart and moved three hours away from his family. He sometimes slept in his office because he is said that commitment our taxpayers deserve. And the sacrifice has made a difference. The Bipartisan Group of notable has written to you by the end of his career tenure he had established the Arkansas Office is one of the finest Legal Practices in the state. Lee is also served of the Arkansas Advisory Committee to the United States commission on civil rights and an active member to american inns of court. He teaches at the university of Arkansas School of law where he helps recruit topnotch faculty. Two of his colleagues stated we come to rely only in the same way we rely on our alumni. Lee is a leader in his local synagogue where he volunteers as an outreach. I know he will draw and all these experiences as a District Court judge for the people in arkansas and indeed every american. Every american deserves fair impartial and justice. I commend the president for nominating him and think the Community Members for their consideration. I am proud to call him a friend and soon look forward to calling him judge. Thank you both very much. Now is my pleasure to introduce mr. Kenneth canterbury the ats director, he is from South Carolina and has more than 40 years of Law Enforcement service in 1979 he began his Law Enforcement career as a patrol officer. Hes a fine man with a wealth of experience and im pleased to nominate him for this important job. Hes a member of the South Carolina Law Enforcement hall of fame so when a young man gets the panel ready the names just about done if you would all come forward, i will swear you and we will begin questioning from the panel. The g. Raise your right hand please do solemnly swear the testimony youre about to give is the whole truth the full truth and nothing but the truth so help you god . Congratulations to each of you for your nominations and welcome to your families and we will start with mr. Canterbury. Good morning mr. Chairman ranked member feinstein and distinguished members of the committee and the judiciary. Id like to thank you for holding this hearing for my nomination to be the next director of the bureau of alcohol, tobacco and firearms and exposed in explosives but im humbled and honored by the presence conference confidence in me as well as attorney general barr im thankful for the opportunity to testify today and hope to earn your trust and confidence as well. Im grateful to be joined by my wife alice my son casey was a Police Officer and have three other children and six grandchildren who could not be with me here today that are supporting me from a distance. I am forcefully able to have to my Close Friends my pastor Sean Harrison ford Vice President to be with me remembers the committee i prepare appear before u. S. The 26th veteran of Law Enforcement that i have direct good and prep tickle experience required to effectively lead a Law Enforcement agency. Served on the front lines. Ive responded to emergency calls for service and ive been there to help a citizen in need. I have always tried to make it clear that Law Enforcement is a nonpartisan act 70. There is no republican or democrat way to enforce the law whether its the federal, state or local level. The ability of the Law Enforcement agencies to faithfully execute the laws as passed by congress as a paramount concern. To establish justice is listed first in the preamble of our nations constitution. One of the highest principles of our nation and Public Safety is the foremost responsibility of government. Ive dedicated my entire life to the service of my nation and my community. Ive sworn to the law justly carried out the responsibilities of a Police Officer and im proud of my service. During my 26 years as a Law Enforcement officer i spent a significant part micromanaging commanding in leading Law Enforcement officers and im confident my ability to do this again at atf. I should clarify when i retired from the Police Department i did not retire from the profession of Law Enforcement. I assume the office of National President in 2003 after the untimely death of my predecessor and currently serving in my eighth term. Im honored to have enjoyed the support of my members but i believe there are great achievements during my time as the president were back home in our neighborhoods, schools and communities. The concept of Community Policing which is at the heart of our National Policing strategy is not imposed by legislature or government. If begins with a Police Officer in his or her community and officers led to learn to do their work by example. Believe improving our training and to be a bridge between the Police Departments governor governments and communities is her Great Success but im confident i can lead the men and women of atf successfully as well. As the National President and ceo of the flp ive negotiated formulated and executed budgets for organization an organization of over 340,000 members but ever recent implementation of the new Information Technology system Personnel Management system and Employee Benefit program and ive successfully shouldered all the other responsibilities that the ceo has is the head of a large organization. I believe i can still have more to give to my country which is why i accept this nomination to be the next atf director. Atf is unique amenity to state and local Law Enforcement because their mandate is to coordinate these agencies and effort to fight Violent Crime that i witnessed these cooperative efforts firsthand and effort from them about the experience working with the atf. The more specialty atf test forces. Im fortunate to be confirmed by look forward to continues to edition i pledge that i will make improvements in any way i can to make sure we succeed in our mission to reduce Violent Crime. Thank you senator graham. Press the red button please. I wish to thank her hometown senators, senator shelby and senator jones for the kind introductions and especially senator shelby and his staff are guiding me through this process. I also want to thank the committee for taking the time to consider my nomination in the district of alabama and finally id like to thank President Trump for nominating me. Briefly it like to introduce my family who have accompanied me here today and those unable to do so watching from home. Behind me is my wife susan. She is my biggest advocate and supporter. Shes an attorney and is a shining star in our state judiciary. My daughter mary virginias also here today. She is a rising junior in high school and came down on a train from new york city where shes attending a summer program. My son robert is here with us. Hes a rising sophomore. Hes more reluctant in being here because any trip to washington involves attending many of the museums here. I would also like to thank my aunt susan dunham who is here from Oklahoma City and my inlaws from decatur and finally with me today is my sisterinlaw and my niece ava and carol bryant. I would also like to recognized my mother Katie Huffaker who is watching from home. My mother strength and courage knows no bounds boeing the untimely death of my father and my brother several years ago. While the period of my live is punctuated with acute loss to the untimely deaths of several of my family members and those that ive lost that i must thank today this includes my late wife cecily who i met in law school and is the mother of my children. I think she would be extremely proud of the accomplishments of her family and how her children are growing up to be fine and wonderful people. This also includes my brother lee who passed away tragically at age 33 during the early days of his blossoming legal career but most especially my father Robert Huffaker who senator shelby mansion was inducted into the Alabama Lawyers hall of fame. During the course of my life my father was not only my father but mentored me in every way from his devotion to the practice of law and our family. Lead with his integrity the devotion to the practice of law and his Longtime Service to the Legal Profession as a whole. My dad loved lawyers and his best friends were children his best friends were lawyers and his children were lawyers. He would be so proud of this opportunity today. Thank you again for your consideration of my nomination and considering it and im happy to answer any questions that you would have. Thank you chairman graham and Ranking Member feinstein for scheduling this hearing and thank you for presiding as well. I want to thank President Trump for the high honor of this nomination. Im also very grateful to senators boozman in coffman their staff in the Selection Committee that assisted the senators. Should i be so lucky to be confirmed i will work every day to live up to the trust and confidence that they have all placed in me. I do have a few people that i want to specifically introduce to the committee. Im joined here today behind me and blew by my brilliant and beautiful wife soraya rudofsky. We met and fell in love and law school. Shes an accomplished attorney, a highly talented photographer and a loving wife and mother. Im incredibly thankful to the joy she brings to our lives and her family. We have twin 3yearold girl charlotte and vivian. I hope you take it as a sign of my good judgment that they are otherwise engaged this morning. Vivian wants to be an astronaut and she loves spanish and math. Charlotte wants to be a doctor and she very much enjoys indoor rock climbing which was interesting to me is that through but shes very good at it. We also have a 7monthold. He was very sick very early in his life but thanks to the wonderful doctors and nurses at Childrens Hospital arkansas hes doing much better. Hes a strong happy and healthy baby and we are excited to watch him grow up and experience the wonders of life. Also here today are my parents. My father is a superb lawyer in his own right as he runs a small general Practice Law Firm in new york that my mother is a brilliant administrator for his law firm and probably the greatest most caring person ive ever known. I hope today is a small indication of all the personal and professional sacrifices they have made along the way the ones i know about are the ones i dont so that my sister and i could follow our dreams. My sister doctored gail salama is a radiologist at Cornell Medical Center new york and im very thankful that she and her husband my brotherinlaw could make it down today. It means a great deal to me. My inlaws and my brother and sisterinlaw couldnt be here today. I know they wanted to and i miss their presence very much. Let me close by thanking the members of this committee and their staffs for the time and consideration of my nomination. I look forward to answering the committees questions. Good morning. I want to be a mistake in my home state senators majority leader mcconnell and senator paul for their support and thank you to leader mcconnell for that very kind introduction. I also want to thank President Trump for nominating me and chairman graham and Ranking Member feinstein for holding this hearing and for chairing it im joined today by my wife ann and their 5yearold daughter isabella. I love them beyond words. My mother Debbie Walker is also here. She is a single working mom who overcame cancer surgery, neurosurgery and heart surgery and who made indescribable sacrifices to provide me the first in my family to graduate from college with the opportunities she didnt have herself. I owe my mom everything. Im also joined today by leslie gilby married dan tyler and janie click, jay craig, jan, tim and jackson help in, luke and John Milligan and leah sears. They include family former students and dear friends and some of them count as all three. Finally i would like to thank local lawyers faculty colleagues Community Leaders coclerks and former students who have supported my nomination. I am humbled and overwhelmed with gratitude. Thank you chairman graham. Thank you all and congratulations each of you and your families. This is a big day in your lives and im glad to be here with you. Mr. Canterbury ctf director youll have a lot of responsibility when it comes to the purchase of illegal firearms. We have background checks systems and unfortunately a lot of people fail the background check and why do trying to get it done anyway buying it illegally or the federal background check and nothing happens to them. What do you intend to do about this . Thank you for the question senator. I believe the most important thing will be the information sharing with state and local partners working alongside the u. S. Attorneys for the purposes prop is prosecuting kobe important to me. Yes i understand at senator coons has a bill the will say local Law Enforcement local officials have to notify somebody who fails a background check. Do you support that . I believe anytime we can share information with their state and local partners we are ahead of the games are. Are you familiar with red flag was . Yes sir i am. Yes the fob president ahead of position and his atf directorate have to work with senior staff of the department of justice and atf to make sure the wording would be in line with the enforcement efforts that the line agents and inspectors would do but generally id like to look at the legislation. I believe anytime that we can keep the firearm out of somebodys hands it should be prohibited. Its good for the country as long as the adjudication is in the process. So make a robust process, i agree. Mr. Walker, how old are you . I am 37. Yes had a very impressive career thus far. You have worked with Justice Kavanaugh justice canty is that right . Yes sir. And you are now a law professor and an private track this . I am. The aba i think red issue qualified because of your experience and i respect the ata a lot. I really do listen to what they have to say but to me its a question that all of us will have to answer first. Tell me why you have enough experience to be a District Court judge. While senator i as a of my career immersed in the law with a record that i think shows my qualifications in four ways. First in my primary role is a law professor i teach students trial practice. I teach students criminal procedure, evidence and constitutional law. All with a focus on litigation and really a focus on judicial decisionmaking and i feel fortunate that ive been instrumental in helping prepare nearly 200 students to be ready to practice on day one ready to hang out a shingle which many of our students do and ready to represent clients effectively incorporate second in my role as an academic ive written hundreds of pages of law view articles about criminal procedure about the judiciary about constitutional law and im lucky theyve been published in some leading journals in the country. There have been something unusual for fulltime law professor but it maintained a private practice and ive litigated complex questions of criminal procedure civil procedure constitutional law criminal law Administrative Law lever lock. I have litigated at a Large National law firm and a partner to another Large National law firm is well as clerking for two Supreme Court justices and forth and finally a think theres a reason that hundreds of local attorneys from my Legal Community have written some 17 letters to this committee saying that i have the skills to analyze complex legal questions to think quickly on my feet and maybe most importantly to listen and learn with humility and evenhanded temperament. Said thank you. Mr. Rudofsky you were the solicitor general . Chairman, yes. You decided marriage cases before the Supreme Court and i think at writings as a student. Could you tell us about your role as solicitor general, these briefs and tell us what makes you ready to be a judge . Chairman graham my role as solicitor general and my role prior to that and the private litigator under the kirkland and ellis have been given the litigation skills and experience to do a very good job as a judge obviously as the solicitor general i was working on behalf of the people of arkansas. My boss the attorney general directed me to pay to have litigated criminal matters in civil matters and litigated all levels of the Arkansas State court system but it dedicated at all levels of the federal court system. In terms of the two breeds youre talking which i think your tie about the hollingsworth brief. I did not sign those as a lawyer those were signed in my personal capacity. When i signed those briefs i should say when i joined those amicus briefs i was not an expert in the 14th amendment jurisprudence. Since then a soho sitter generally become much more familiar with that area of law and i have to say if i had it to do over again and a illegal matter would not have signed those briefs. Senator september would be my 20th year of practice in law. Ive appeared in all of our federal courts and in most of our state courts ive tried cases in federal court and tried cases in state court. I have seen good characteristics and judges and i see not so great characteristics. Okay, thats good. Thanks mr. Chairman. Kent compared with the tenure. Met before the ban was in case the number of gun massacres between 1994 and 2004 fell by 37 . The number of people dying from massacres fell by 43 . Ever since the ban lapse in 2004 the numbers rose dramatically between 2004 and 14. There was a 183 increase in massacres and a 239 increase in massacre deaths. I firmly believe that they must get weapons of war off of our streets and stop the plague of gun violence that continues to take lives across the country. Just this past weekend in my state. Is atf director would you support enacting a federal assault weapons ban . If not, why not . Senator i believe Law Enforcement professionals with a long career the most important thing for an agency head is to make sure the people that work for you enforce the law enacted by whatever legislative lobby today believe the atf director i would take my direction from congress when it passed legislation and make sure that the agents of alcohol tobacco firearms and explosives would impose the law by imposed by this body. I just want to know. Since 1994 background checks have stopped more than 3. 5 million felons, domestic abusers and other prohibited people from purchasing firearms yet 22 of all gun sales are still being carried out without a background check. Just last week the director of the fbi testified that it has already processed at least 100 house and background checks where people tried to buy firearms but were prohibited from doing so. Universal background checks have strong public support. 90 of americans support them and the atf director would you agree to support universal background checks . If not, why not . Against senator i believe just ahead of the Agency Charged with enforcement and regulatory we will enforce the law and enacted by congress and i believe one of the most important things is to keep our eye on the main mission of atf which is to reduce Violent Crime by going after the people that are the trigger polar and it would be our responsibility to make sure that we maintain our enforcement levels remained mission which is reducing Violent Crime and the big system is run by the federal bureau of investigation and i believe they would be more appropriate to answer that question. That following the murders of nine churchgoers at Emanuel Ame Church in South Carolina in 2015 the federal bureau of investigation admitted it did not properly obtain information regarding the gunmans drug arrest record which other prohibited him from buying a handgun. Because the fbi had not completed its review within three days the dealer was legally permitted to complete the sale to the gunman. As a result nine people were killed. As atf director will you support eliminating the threeday requirement that allows a gun dealer to transfer a gun without a completed background check or extended beyond three days . Senator im not currently at the alkhalq tobacco and firearm so i dont have enough intimate knowledge about how the denials actually work but i will commit that i will look at that and review the denial system and i would be glad to work with your staff and other staff to see what would be the best and most appropriate course of action. Thank you. Mr. Walker according to the questionnaire you submitted to this committee you have never served as the sole or even the lead counsel of any trial. You appear to overcome only one criminal case, recent pro bono drug matter come excuse me a recent pro bono matter in which viewed us as another attorney at your firm. Apart from this pro bono matter have you worked on any other criminal case . Senator i feel lucky that the focus of my career has been a combination of work in the classroom and as a practitioner. Have you worked in a criminal case . Senator i have worked in addition to that case on some other criminal matters however i want to be transparent with you and the committee that although i have taken the unusual step of being a law professor who has a private practice they most of my career has been an academy. Syndicate the everpresent an argument before a federal jury . Senator i have not although again my career path has been a combination of writing about complex questions of criminal procedure, civil procedure. I understand that and i think thats commendable. This is just different work. How many bench trials of the handle . Against senator i want to be clear that okay have you ever taken a deposition in . I have senator but once again the deposition i took if i can explain senator was for an expert deposition of the neurosurgeon in a state case that was three hours long but actually turned the tide in that case. The plaintiff was alleging hand pain and back pain and after that Expert Witness conceded a way that most of that pain was not caused by our client that case i will say without revealing any confidence proceeded a lot that are for client than for the deposition but i want to say again senator it matters that ive typically litigated have been criminal procedures. Theyve been constitutional law. Theyve been criminal law. Theyve been a whole host, Administrative Law, labor law and my role has been at times in the courtroom were often met not exploring to allow writing the law strategizing. One last question. How many depositions have you taken . Senator that was only deposition ive taken but its unusual for a justice like Justice Kagan who had academic careers before joining the bench that did a lot of academic work. My experiences criminal civil procedure constitutional laws that are prepared me to analyze the kinds of complex legal questions that judges deal with especially the majority of what they do which is motion work so i think, i would encourage you senator not to just take my word for it. Take the word of the toder litigators for my local communities and my former students and faculty members who have written some 17 letters saying i have the temperament, if the background and i have experienced to analyze the law and enhance it. Thank you very much. Senator lee. Thank you mr. Chairman. I appreciate the opportunity to be here and i regret that i missed your Opening Statement as i have another committee with hearings going on the same time thats one of the cruel tricks the senate place of the person but im very glad to be with you here today. My staff often jokes but in they know its serious that i have favorites among the commission of my favorite is judiciary. Senator paul also has a competing hearing in the Foreign Relations committee. He wanted to be here today to introduce Justice Walker from the state of kentucky. I agreed to deliver that for to deliver back from detainees that i regret that im not able to introduce mr. Walker and person is and must be in another committee hearing. Im confident that justice will be as tireless impartial jurist who treats all who come before him with the respect they deserve and i fully support his confirmation. I want to echo the words of senator paul and what i imagined to have been the work of senator mcconnell who was here earlier. Ive known Justin Walker for four or five years and i founded to be an absolutely outstanding attorney and a trooper lawyers lawyer. Lawyers like Justin Walker cant he found many places and whenever one can find a lawyer like Justin Walker ready to serve on the judiciary we should count ourselves lucky for that moment. I can tell you with a high degree of confidence as a member of the Judiciary Committee and as a lawyer for the last two decades there arent judges who come from different backgrounds. Some people come to the federal District Court as a judge with a lot of trial experience and fact gathering experience doing a lot of depositions and a lot of witness cross examinations in the courtroom. Others have a lot offfffriting experience. While the former might seem more obvious as a qualifier the latter in many ways is more aware. When we have someone like Justin Walker is a law professor was written and those articles who has written dispositive motions and appellate briefs we have someone who will come to the federal District Court well prepared to deal with what is in many ways the most difficult part of the job which is addressing dispositive motions, the motions to dismiss for example a motion for summary judgment. As these are very difficult things to learn they are very difficult to acquire while on the job. Justin walker is more than up to the task in that regard. Mr. Cantor. Like to talk to you for a minute. 2013 after the sandy hook shooting he wrote a piece titled the responsibility of leadership and the fraternal order of police journal. You stated the fo ps a standing resolution one that was passed at the 1993 National Conference to support the assault weapons ban passed by congress in 1994. Are you personally supportive of an assault weapons ban . Our last National Conference the delegates overturn that standing rule and is an advocate for the fob its been my position that i support what the members voted on. As atf director looking through a different lens i would much prefer to talk with the Expert Witnesses that atf and the other professional staff before i would render an opinion on the ban. As a Law Enforcement professional mike job would be to enforce the law. If i understand you correct do you are saying your position is consistent with and materially indistinguishable from the fob . Is that folks be apple pay presents my job to be the spokesperson for the resolutions of motions passed by my elected body. Prior to the a puppy you were supporter of . The fob was supportive, yes. And you are personally a member and president of fo p. Prior to that position change . Yes. These support limitations on magazine sized . Against senator the fop position is we dont support any legislation as far as restrictions on firearms at this point. As an atf nominee i believe its my responsibility to enforce the laws that are passed by congress and i would make sure that every agents working for me would understand that. Do you support universal background checks . The best information we can have in the system is great but as far as the legislation universal background checks i would have to look at the exact language have a firm opinion on that and i do believe local agencies should be encouraged to give quick concise and Accurate Information into the system. Do you support waiting periods for hand ground handgun background checks . That was the national fop position in the early 90s. We support the system thats in place with the instant check. As an organization and as senator feinstein said thereve been a number of people who have attempted purchase firearms. Mr. Chairman ive noticed that my time has expired. Can i ask one more question . Help me understand, you tell me you have no position independent of the fop relative to firearms and if so how are we as a committee to evaluate where you stand on questions of policy . I understand and appreciate this. The respect the fact that you will be expected to follow the loan that you will do so. I assume you can understand why we would still be interested in knowing where you come from on policy given the enormous discretion that someone in the position of atf director has talking about promulgating regulations making changes to regulations that have her found impact that connect essentially change the law. Are you telling you have no positions that are analytically distinct from those of the fo p. . Senator i would have my own personal opinion based on my experience but i also believe as a Law Enforcement agency is very difficult. I believe that i would work with the staff at atf and the professionals at atf and to the department of justice. The policy decisions require a process within the department of justice and i would follow those rules for the policy decision and as the atf director of my position that i held at atf and the fraternal order of the police that was my responsibility but im a strong supporter of the 2nd amendment. I believe in the right to bear arms and i would work with this committee on any proposed changes in litigation but i would want to see the changes and have the expertise of career staff at atf to make those decisions. Thank you mr. Chairman but i have additional questions when well have to save those for a second round. Senator hirono. Thank you mr. Chairman to chief Justice John Roberts believes the Judicial Branch is not immune to so i ask every nominee on any committee that i sit on the following to question. I will just go down the line starting with mr. Canterbury and going down the line. Since he became a legal have you ever made a request for any sexual favors or verbal or Sexual Assault of a sexual and major . No senator,. No senator hirono. If ever been disciplined or entered a settlement into this kind of conduct . Know, if not. No senator. No. No question for mr. Canterbury the minority of gun dealers supply the majority of guns used in crime in his critical that we enforce existing gun laws if we are to keep guns out of the hands of dangerous people. The brady center to prevent gun violence obtained a special report from the atf that shows recommendations from the inspector to revoke dealers licenses are issued serious administrative actions routinely downgraded by their supervisors. According to the news york times in a june 2018 article based on the report quote about 11,000 inspections of firearm dealers in the year starting october 2016 more than half were cited for violations. Less than 1 resulted in a loss of life. Will you commit to studying this troubling pattern of reversing inspect your recommendations to keep the most irresponsible industry actors in the business . Senator i will immediately upon if im fortunate enough to be confirmed look at all the regulatory issues with the alcohol tobacco and firearm and become familiar with the process and i believe this former director brandon said we will continue to do the inspections with fair and just rules. Obviously there is a pattern of reversing investigators recommendations and that is very troubling so i would like your commitment that you will ferret out in the department should shoot if this appointment if theres there is a pattern and provide this committee with information or documents about how recommendations are handled when reviewed by supervisors . Senator i plan to review all of the process simple make reports and all appropriate agencies in the guidelines of the department. Thank you. Senator rudofsky what you said to the senator got the Supreme Court amicus briefs he signed in 2013 in 2015 a brief argues for giving civil marriage rights to couples. Did you just tell senator graham that you regret signing them and that you would not do so today . Senator, let me first say obviously if im so lucky to be confirmed a District Court nominee will of course fully and faithfully follow the law. So what i am asking is if you told senator graham right now that you regret signing the brief . To answer your question of what i explained was when i joined the amicus briefs i was not an expert on 14th amendment jurisprudence. Since that time ive become much more familiar with this area of law as solicitor general and if i had it to do over again as a legal matter i wouldnt join the argument in those briefs. There would be those who would disagree that the 14th amendment should these summarily construed. For you once again in your position you argued arkansass 12 week abortion ban was constitutional. In part because arkansas had a safe haven law that allows a woman to give up an unwanted child within 30 days of birth video argued a primary source of the pregnant womans protective right to abortion is that she may avoid unwanted parenthood, not so that she may avoid unwanted pregnancy. Are you saying that the constitution permits forcing a woman to carry a pregnancy to term . Senator with respect the legislature has a 12 week ban on abortions. The governor signed it. This happened by the way before i was solicitor general. The case was litigated for the most part before i was solicitor general. I became solicitor general and i was directed by mike was the attorney general to file their reply in the cerp petition and it did and they advocated for my client. I did so to the best of my ability. Those are my clients positions and i representative them in court. I would like to ascertain if you dont mind mr. Chairman whether or not theres a Supreme Court case that says the primary source of appearing a womans protective right is basically to be free from parenthood is supposed to avoiding an unwanted pregnancy. Is there a Supreme Court decision that you can cite . I realized roe v. Wade was the primary source of this. Senator in terms of the president on the point a long time ago so i would have to would have to refer to whatever he wrote in the brief. Having said that the District Court judge of course i would fully and faithfully all of row and all of that progeny. I think its the most important thing a District Court judge can do and its the most important thing a judge can offer litigants which is fairly and faithfully to follow Supreme Court precedent. Yes him i would say that argument that you made does not appear in any Supreme Court judgment. Thank you mr. Chairman. Thank you mr. Chairman. Mr. Canterbury nice to see you. I was confused about your answer to senator lisa let me see if i can get some clarity. The organization that you have in an advocate against constitutional carry which is the right among people that voted in my state and dozens of other states enjoy that in their constitution in order to defend himself and would you tell me what your individual view is of constitutional carry . Thank you for the question. The National Fraternal order of police has never opposed constitutional carry. What we said was we would like some modicum of training. What we did support was the reciprocity bill for concealed carry because those all have some modicum of training. And what about your individual bill . My individual view . I believe in the right to bear arms and the 2nd amendment of the constitution. What about constitutional carry . I blew constitutional carry is a statebystate issue and they know that a number of states have constitutional carry and i believe that is their right to decide that. We you commit to me that you will not they are concealed carry rights . I believe that rides governed by the majority missouri General Assembly and i dont believe there would be any of the enforcement rights. Let me come back to this question about the federal ban on semi avec semi automatic rifles. Use personally support that ban today . Senator i didnt support the ban in 1994. The membership of the fraternal order of police voted that way and it was my responsibility to enforce that opinion. Would you commit to me that youll would not implement any restrictions on the sale of legal firearms through atf regulations . S. Senator lee pointed out that confirmed he would head an agency with significant Rulemaking Authority. As a policymaking agency many ways so would you commit that you will not do that Rulemaking Authority to those who are legally entitled to purchase them . Im not dermyer with the regulatory process but i promise to look at that immediately if im fortunate enough to be confirmed and working with the office of Legal Counsel with the department of justice and atf we would make sure all of the regulations that we pass would be just and fair and legal. Are you saying when you say you are not familiar with the regulatory process you are not familiar with the tee up Rulemaking Authority . Im not familiar with the rulemaking process. I am familiar that they have the ability to formulate regulation but ive never been involved in that aspect of your operation. In my view and the most important work the tee up does is cracking down on the illegal theft and use of guns in our communities and in conjunction with doj for sample atf is conducted a force in st. Louis in my state to get illegal guns off the streets and to prosecute those criminals who use those guns. As director would you redouble the agencys efforts participate in those operations and focus on getting illegal firearms off of our streets and out of our communities . Senator the primary possession of alcohol tobacco and firearms is to reduce Violent Crimes. On the best ways to do that is working with state and local partners. The forces have been very successful. Based on a media report and i will do everything in my power to continue that enforcement efforts because as we know the enforcement of discrete level illegal weapons have a great effect on the reduction of crime especially in inner cities. You ever furred several times to your Firm Commitment to the 2nd amendment but i thought i would take this opportunity to say in your view what you believe the rides that is protected by the 2nd amendment because its been the subject of some dispute. Theres quite a lot of agreement on this committee so what is your review about the right to protect the 2nd amendment . Senator believe in a lawful possession of a firearm provided however that all of the adjudicated issues are favorable absolutely every american has the right to own a firearm. Thank you mr. Chairman. Senator whitehouse. Thank you chair and let me first by start by welcoming mr. Canterbury to the committee. We have a common friend the chief of police and the city of providence on the fop board when mr. Canterbury was the head of it. Neil clemons was one of those that i admire the most in Law Enforcement. Ive spent a lot of time working with them at the time under one particular mayor under a dark place and a lot of people had to make difficult decisions. Cheese clemons always made the right decisions. Now he is risen to the chief of police and he enjoys enormous support within the department and the community and he thinks very highly of mr. Canterbury and i take that as a significant recommendation. We talked mr. Canterbury about the importance of making sure that Law Enforcement has access quickly to the ballistics information they need from the projectile itself. The ballistics related information from a cartridge from its projection from the hammer and a weapon at a crime scene. Can you assure me that you will be doing everything in your power to ensure Law Enforcement has access to that evidence when it presents itself a at a crime scene and atf will support that . Senator the scientific improvement in validity as well as dna has been farreaching and Law Enforcement and the ear of alcohol tobacco and firearms will do everything under my leadership to continue that program and to understand as much as possible within the resource capability. Thank you very much. I hate to say this but i do believe when it comes to the judicial nominations and the Conveyor Belt we are currently running through here there is an effort to try to make sure certain interest occur more in federal court with the desire to protect big republican donors like the gun industry and judges who will rule against labor unions and a distinct desire to protect dark money as a tool of special interests influence, the desire to rule against womens reproductive rights and a powerful desire to protect polluters who are extremely prominent republican donors both publicly and through the dark money sector. I dont think its consistent with what i consider conservative judicial doctrine and between the court cases that ive chronicled frequently judicial dockets of stare decisis and originalism get thrown over if they interfere with producing the right results for the right group that comes before the court. I am really concerned about lawyers showing up in court representing environmental groups knowing that they are secondclass citizens in the courtroom because of whom they represent. Im concerned about lawyers showing up with labor unions in federal court and the second class citizens in the court because of who they represent. For groups that advocate for womens rights for groups that advocate for gun safety i think that we need a lot more transparency. I dont think its a good thing that a private organization come to the white house to provide judicial selections and that process is funded via anonymous donors. I dont think its a good thing that the most powerful and Prominent Group campaigning for confirmation of nominees are also funded by anonymous donors. I dont think its a good thing that the Supreme Court takes so many cases that a man brought not in the ordinary case of litigation by french group litigators to specifically bring particular issues before the court and in the worstcase narrow the invitation of republican appointees on the court in order to drive the law in a particular direction for those particular interest and frankly i think its going to be wrote album for the court unless they clean up the disclosure of who is behind the amicus curiae brief who now proliferate around the court very often without adequate disclosure of who they are really fronting corporate a lack of transparency you cross this entire sector and the role of dark money i think is really unfortunate and i think its particularly unfortunate woman with candidate today who describes the conservative revolution on the court by going straight to outcomes like affirmative Action School prayer and abortion. I think that is a. Strong signal that this is really not about having conservative doctrine prevail in our court but having egg republicans interest prevail in our court and i think thats a very dangerous path to go down. It might taste good with the first couple of fights but in the long run it will end peril the third branch of our government. Senator kennedy. Thank you mr. Chairman and mr. Canterbury. I am a Pretty Simple guy. I like breakfast food and i like straight answers and you are being evasive. You have been nominated to run atf. I think every member of this panel both my democratic friends in my republican friends who have feelings about the 2nd amendment are entitled to know both morally and legally what you believe when nominated for a judgeship. You are nominated to run an agency to administer the state that i want you to look me in the eye and tell me what restrictions do use of port on my right for the 2nd amendment to own a handgun and . Senator believe every american has a right. What restrictions . Sara dont personally support any more restrictions that are currently in the law. So you are telling me that you are not going to support changing anything about current law as the head of the tee up . What im telling you senator is we will enforce the laws passed by congress. Are you going to tried it change the law administrative lay . I dont think as the head of agency its my responsibility to change or make laws. Are you telling me you are not going to change the current law with respect to the 2nd amendment in any form or fashion administrative lay . Senator im not familiar with the process. If you are not familiar with the process running atf then you are not qualified. I dont know the administrative process but senator i do know the legal process. I will have a full staff of experts. I am familiar with administrative procedures serve. I dont know the regulatory process. Im going to ask you one more time and then im going to move on but if you dont answer my question im not going to go forward. What restrictions do you support to my right under the 2nd amendment to own a handgun and . Forget the former employment, forget the law. Im asking you personally. Senator i dont support any further gun restrictions. As the atf had are you going to tried to attempt to change current law administrative lay . No sir, im not. Okay. That was easy. Professor im assuming that when you work for Justice Kavanaugh and then judge kavanaugh and Justice Kennedy that when interpreting the statute we started with senator i did but i think the approach to statutory text also consider structure history context president and even analogous statute. Well if the statute is clear to you within the four corners of the statute do you need to look any further . Senator you begin with the text but of course i dont think that its appropriate to just. Out a phrase from the statute. Im not asking you that. You have the statute passed by the United States congress and you read it and its meaning is clear to you. Your job is to say what the law is so not what the law ought to be. Are you going to go any further . Senator there are times that you would go further and i would give you an example. If there were binding precedent from the sixth circuit or the u. S. Supreme court and as a District Court judge i would be bound by that precedent. How about if the statute was ambiguous . Senator wants the statutory text is ambiguous as the District Court judge if i were lucky enough to be confirmed i would use all the Information Available off of tools to statutory information the canon president , structure and a whole host of tools that a thoughtful judge brings to that analysis. How ambiguous does the statute have to be . Would it be 51 or is it 67 ambiguous . Senator i love the question. Is the kind of questions i asked my students in class. Im hesitant to put a specific number on it but i will say on the spectrum from say 60 to 90 im probably closer to the 60 that again there is no binding precedent assuming its a question of first impression. Im probably a little less likely to find ambiguity then to maybe the most extreme spectrum in terms of judges finding ambiguity. May i ask you one more question and . Private apartment buildings, privatelyowned, tenants, tenent Association Newsletters that are critical of the ownership. The ownership says you cant distribute them. The Association Says it violates my First Amendment right. Who wins under federal law . Answers. I like candor. I want to be candid with you as a general rule. My instinct there would be that the First Amendment restricts with the government can do. It tends not to restrict but a private actor would do. Let me ask you this, lets suppose this Federal District judge says no, no state action. Its perfectly constitutional. For the state to find its unconstitutional. Certainly senator the state constitutions can be interpreted differently than federal constitutions. The state can provide more rights than the federal constitution can. The state constitutions cant take away rights. Judge sutton has recently written a great book. Do you know the famous case will talk about. Im not sure. The Shopping Mall case. [laughter] im done. As fascinating as this is. Thank you. I know professor walker you, believe in indicating in discussions judge cavanaugh you believe this, the original theories, you predicted the judge cavanaugh is confirmed that would result in an end to abandon semi automatic rifles. The groomers wrote the constitution tutored 30 years ago, we have a lot of these semi automatic weapons then . Is a judicial nominee i am bound by power. Is not my question. Did they have any semi enzymatic weapons. There were not any of the founding. Mr. Canterbury you and i have known each other for a long time, i appreciated that. We have worked together on different things. Senator graham wrote today in the book, the best bill. The atf is to protect communities from illegal use of firearms as well as firearms. That is the atfs mission. After the tragedy that sandy hill i have broke bills to expand the background legislation. You sent me a letter about the fraternal order of Police Safety and gun issues. I have placed that letter in the record. You wrote that if you expanded background checks and firearm purchases, is a critical element to address blue pulled in the background checks. It would give criminals too much access. In this problem must be addressed. May ask you this. Are you concerned with loopholes in the background checks . To give criminals unprecedented access to firearms and if you are with the atf what would you do about these rules. I believe there is a lot of the reporting that is not mandated and its voluntary. I think as much information that state locals can provide into the next system, would assist all the Law Enforcement in making quality decisions as well as the fs making the decision so the next systems making the proper denials. The information is only as good as the information brought into the systems. I am a gun owner as you know. Of all kinds and i walk into my local gun place and buy a new weapon and they say hi pat how are you and how is your family and they tell me i have to do a background check. I have no problem with that. Some of these gun shows, i can come in wearing one of my dozen guards and i can buy something without a background check. Should there be background checks everywhere . Under current law individual cells are not required to do the background check and this is just not the law of the land at this time. Who we end with strong purchases going into a criminals hands. The acting director thomas, he said the current law is insufficient. When criminalize purchases and strengthen firearm trafficking laws, with the atf under your leadership would you support others to strengthen the tools that pepe replete work against these strong purchases especially those weapons that end up in the hands of gangs. Is not legal, individual purchases by individuals as you know dont require the background checks that we will do everything in our power to enforce the law that people are not entitled to possess firearms would be criminally charged. I can go to africa and gun shows as don jones and by a couple of weapons at each one of those mass purchases and then drive them to a big city and meet up with the gang and say here i paid 10000 for these weapons and also them to you for 35000. And there is no background check. Should we close that loophole . Senator i dont know the closing loopholes would stop that type of transaction. I think like illegal firearm cells are or should be a priority for atf but i just dont know if that would stop that sale. Individual cells are currently legal under the laws of the United States. Does that leave a big loophole question work. I dont know senator i dont know whether that give the right to an owner to possess a firea firearm. Ill be glad to look at that issue further with the staff at atf. Atf has if the cells have been recorded, is entirely on paper. A Law Enforcement officer could go down to some of the big warehouses in West Virginia and try to find the paper but thats never going to happen. Should those be digital. I mean, if we have your medical records digitized, shouldnt we have buying an ar 15 or something by it legally shouldnt the record of that purchase be in a digital file so Law Enforcement, if they find out weapon at a crime scene be able to trace it back. Atf has an extraordinary ability to trace firearms at this. Theyve been very successful at tracing firearms and will continue to do that. Under my leadership. There are other methods as well. Do not have you ever been to the warehouse. No sir i have not. Take a look at it. My time is up but i have a number of questions. Ill submit for the record for these people. I would hope that chairman i would hope that you let the nominees know that i am submitting these questions and i do anticipate an answer. Absolutely thank you senator cruz. Thank you mr. Cameron and welcome to each of the witnesses. Mr. Canterbury. I enjoyed visiting with you yesterday at my office, thank you for coming by and thank you for your service as a Police Officer, thank you for your service leading the flp. You have said quote i take a backseat to no one in my reverence for the Second Amendments. In your judgment, what is the second permit amendment protect. I believe it protects the right to own and very firearm. Subject to bear and own a firearm, your organization, supported the socalled assault weapon band. That was passed in 1994 and expired in 2004 read if you are confirmed as director of the atf, would you support another socalled assault weapon ban . No sir. Why is that. My understanding sir is that there were zero prosecutions under the assault weapon band and the flp to the position in the 90s, in 2004, we supported president bush when he wanted to reauthorize it in the exact language and that didnt happen. Subsequently, the flp members change their opinion on that. My personal opinion was that the law was not affected. Flp has also supported the socalled universal background checks extending federal government oversight to private transactions between individual citizens who are not themselves gun dealers. As director of atf, would you support extending mandatory federal background checks to private transactions between people who are not dealers. No sir. And why is that. I do believe in the Second Amendment and i believe that those individual cells are guaranteed under current law. When you are at the flp you took a different position of what and how should we reconcile those conflicting positions. Those positions were made by the board of directors, i have the usual spokesman of the flp and its my job to espouse the opinion of the membership. I did that. Said did you disagree with those decisions at the time question mark. In the 90s, wasnt on the board sir so the assault weapons ban was prior to me being on the elected board of directors. Flp is also opposed constitutional carry legislation in a number of states. Can you explain why that is. Served the national flp is a bottoms up rather than a topdown. Each individual state has the right to supported legislation in their state. In most cases, the only objection is that there is no training requirement. As a Police Officers who train frequently with firearms, i think the bulk of our membership like the idea of some minimal training. When you lead the organization you also supported eric holders nomination for attorney general. I think eric holder once confirmed as attorney general proved to be one of the most anti gun attorneys generals we have seen indeed going so far as to say and im paraphrasing the quote here but something to the effective it is our job to brainwash the american citizens not to like guns. Do you regret supporting mr. Holders nomination. I dont know if i regret that senator but the decision was made after a review of his experience as a prosecutor and we talked to the members of the flp that worked with former attorney general older they were very favorable to his trial skills and is a Law Enforcement officer prosecutors that are good to work with and work vehemently towards prosecutions get high marks. At the time senator cruz, im not sure that other issues in his personal beliefs about some of those other issues were we looked at more holistic viewpoints as his career as a federal prosecutor. Final question. Like most about most about your nomination is a you are a lifelong Law Enforcement officer. You have decadent dedicated your life to protect South Carolina net people and the people of the United States say. If you are confirmed as director, what were your principal agenda and priority be for the atf. As you know and as we have talked about yesterday, the primary mission of atf is to reduce Violent Crimes. I will do everything in my power and my authority to make sure that the streetlevel agents and the supervisory agents in the field, know that they have an atf director that is god willing to respect the work they do respect their opinions, listen to their concerns and do everything in my power to make sure that we meet our mission. Of reducing Violent Crime. As a Police Officer, i have worked in a city county and with the federal agencies in the most important thing for us, is to fair and justly enforce the law. Not make a lot, fair and justly enforce the law and thats what well will do under my leadership at the atf. Thinking. Thank you mr. Chairman, mr. Gadberry i want to join in thanking you for your career in Law Enforcement as a law enforcer, at various Different Levels leasing has been your mission. You have seen firsthand what guns can do. If they are in the hands of people who are dangerous to themselves or others correct . Yes or. Youve tried to take guns away from people who are about to do damage or who have done damage to other people correct question mark. Yes or. Would you support a Police Officer who says there is a shooting about to happen. I need to take a gun away from that position shooter before it happens. In a scope of the way you described it yes and particularly if there is a judge who says yes. Do it. It will save peoples lives. The way i understood there is real question was that my own observation i can see that a criminal act was about to occur. Obviously, any judicial process that would take someones right to bear arms, we would absolutely enforce that. You would ask a judge to approve your decision to take the gun away from people if he said to the fbi or local police, im about to shoot up people or students or anyone, for example a partner, correct. Senator i believe that there is a rule of due process and as long as due process of been provided and the decision of the judiciary is that person is not entitled to carry a firearm. Yes sir. Thank you. Let me ask you about one of the most important functions of atf and i think senator has asked you about the federal firearm licensee enforcement as you know, atf had an operational goal. To inspect every one of those licensees on the three to five year basis in 2013, niv part was unable to meet its operational goals. The licensing and inspection goal. Current statistics show that it is still the case. In 2018, atf inspected 10000323 ff l and a total of 135,000 active eval and of those inspected, 58 percent were found to be actually violating federal firearm laws. We have a number in connecticut who are violating federal firearms and they have not been inspected. If confirmed, will you commit that you will make it a priority to do those kind of inspections question or. As i told you yesterday in your office i look at all directors that are to look at their efficiency and see anything that we can do to make those operations more efficient and effective under. Im asking you if you will make it a priority to inspect all ff l on a three to five year basis that is the goal right now if your agency . I plan to do everything i can to help the atf to be the goal of the agency. So you will do those inspections on a three to five year cycle . Senator i plan to review the inspection cycle, the inspection provisions and do everything in my power to make sure that atf can meet their regulatory responsibilities for the inspections. Mr. Rogowski, in a 2016 Federalist Society podcast on health he said and i am quoting i think the 14th amendment would banning abortions and regulating abortions did not violate the 14th amendment. You would still adhere to that view . Senator, the whole Womens Health podcast obviously was an hour long podcast going back and forth explaining both sides of the issue. With somebody else who i believe argued the case. This is a simple question do you still adhere to that view. I believe obviously right now, wrote casey whole Womens Health are the law of the land as the District Court nominee, those are the laws and president s that i will follow. Will you continue to adhere to that statement. That is not the president at this time, the president at this time is very very clear and i will follow it. To act you think brown versus board of education is correct. As you well know there is a general tradition of nominees not given a thumbs up or a thumbs down to specific cases. I think brown is the most important case in american legal history and probably in the social history of the country and for that reason and because i cant think of any situation in which it would come into court disputing the Central Holding of brown, i have no problem saying yes. I think brown central core horror holding was absolutely correct. You agree mr. Walker. I agree that brown was correctly cited. I also agree with the general matter was as just indicated said great previous of the Supreme Court. Do you agree. I agree senator. Thank you. See i think you mr. Chairman. Thanks for everyone for appearing in front of this panel today. Mr. Canterbury, i would like to visit with you a little bit. As president of the personal order of. It had to deal with increasingly political rhetoric in the media and an almost movement to see how police are viewed by our Everyday Americans and for that sir i do not envy your position. The Mission Statement of the fraternal order states in part that the duty of Law Enforcement officers is to i quote support and defend the constitution of the american constitution. And promote and foster the enforcement of law and order. So now you have the end and nominated to be the director of alcohol and tobacco firearms and the atf does share a similar duty to that but of course in the bureaucratic corner that congress has actually legislated ourselves into. The atf does have a lot of power than just mere enforcement of the acts of congress. You stated time and time again that you would uphold those laws and act by congress but like all other federal agents the atf has the power to promulgate rules and give effect to our congressional action. And if you are confirmed as the director, you will have a massive and i cannot understate this a massive role in the interpretation and implementation of laws that impact our onedimensional right to keep and bear arms. I am going to ask of this we have seen here some questions on my right and to keep and bear arms. Very simply, from where does the right to keep and bear arms as detailed in our Second Amendment originate with martin aware that originates from . No maam. Okay it is a common law. It is preexisting law that was in place prior to the publication of our constitution and our bill of rights. It is a right again a common law that existed for many many centuries even to the birth of our nation as we know it today. That way back to the 11 hundreds in england. Thats where it originate from. It is longheld that americans and other people have the right to keep and bear arms. Do you believe that the Second Amendment is individual or is it a collective right . I believe it is an individual right. I believe that as well even though i wasnt part of the militia, i do believe it is also my individual right to keep and bear arms. Some of the statements that youve made as the flp president regarding the federal assault weapons ban of 1994, a lot of us go back to this and we just need to make sure we understand where you are there. You have written in their journal that you stated the flp hamza standing resolution to support the 1994 assault weapons ban and is was your duty as flp president to uphold the resolution and los directed otherwise by his delegates to the National Conference. In your position as president , did you try to shave or inform the flp support for an assault weapons ban in that position as president . I introduce the resolution to overturn the 94 resolution. So you support the ability of those that can legally own a weapon, they can own a weapon and you did not support the assault weapons ban . In 1994 i wasnt on the board of directors. I was probably at the conference but frankly i dont know what was my state at that time in the position they wouldve taken. But i was the author of the resolution to overturn that resolution and primarily because we felt the lack of prosecution and other issues, that assault weapons ban wasnt effective as we originally thought it would be. We have spoken a little bit about attorney general older but youve also supported then judge sonia to the Supreme Court. In your written testimony you supported her nomination and concerns over her concerns over the Second Amendment. Specifically wrote a five out for an incident that presence on the court posed a threat to the Second Amendment i would not be sitting here affording her today. Since then Supreme Court has denied in the case of raymond in the highland park. By denying the case the court did fail to address in Illinois City an ordinance banning the possession of widely owned semi automatic romeos in magazines even if used in selfdefense. Nearly ten years later do you still believe that justice is a threat to the Second Amendment. Based on the information that you have provided, but understanding that our original decision was based on again, the prosecutorial experience in the state of new york and those decisions were made based on her stance for individual freedom. She rendered several opinions on First Amendment cases that my member thought it was important and we thought it was important as far as her decisions subsequently, i dont know that we couldve predicted her response to that case. I know hindsight is 2020 but certainly as an organization that is there to support and defend the constitution of the United States, i do believe we should be looking your you should have been at all of her rights and specifically at in regards to being the fraternal order of police, the Second Amendment would be extremely important and judging whether you thought a potential justice would be supportive of and individual rights to keep and bear arms. I dont believe with some of her judgments that she fully believes in supporting our constitutional right to keep and bear arms. I see that my time is expired. Thank you very much mr. Chair. Thank you. Yes, yes, i have questions. Before that at the flp did you support person . Yes we did support cavanaugh. We didnt take position in that one. We did support roberts. Thank you mr. Chairman i have some additional questions. For mr. Canterbury. In 2017, there was a message to flp members. You urge them to speak out in support of then attorney jeff that the federal Forfeiture Program would be expanded. As i recall while having virtues, and Equitable Sharing Program, the Equitable Sharing Program here refers to something i have long opposed, something i had a post at this time in years before that. In refers to the mechanism by which some state and local Law Enforcement agencies in many cases otherwise hindered by more aggressive and restrictive laws governing civil asset forfeiture. Will turn to Law Enforcement officials ask for their help getting the federal Law Enforcement offices involved in seizing simile assets and then in return for this cooperation they will both get a share of the proceeds of this. Sometimes this is used to fund Law Enforcement operations and for reasons that i think are apparent to anyone who examines it carefully, this is a problem that has rights for opportunity for abuse. Because the assumptions are flipped. Somebodys property disease, then its up to them to approve that they didnt do anything wrong. So i boxing of the neck is concerns with this. At the time you touted the program and the federal government use of it you said quote this program hamza long history in Law Enforcement a success in these selected chicken littles need to hear from us that the sky is not falling. Did you in fact say that mr. Canterbury . Guess i did. Did you regard the members of congress as frivolous . No sir there are a number of accuracy troops that were refusing Law Enforcement being thieves and that the time we directed those comments out. You are not in fact accusing this reference which pays for the pretty broad brush with chicken littles extended only to those who specifically use feet. The best of my recollection senator that was the contact contacts at that time and i testified before this very committee in support of the similac support laws that senator sessions had written that one of the most important parts of my testimony was that we believed that the adjudication process needed to be very swift and very quick. The citizens that had assets that were seized, that there was a change in the adjudication. Do you agree that equitable sharing may create a perverse incentive for state and local Law Enforcement agencies to run roughshod over the rights of individual citizens and this risk merits reevaluation of the program . I believe any ethical Police Officer would not do that similarly but i believe that if anybody did do that then they would be in violation of the law. Do you agree that the program itself creates an inherent risk of that . One that would lead to that perhaps with even the best intention. I am a former federal prosecutor and i love fleece i think they do great work. I also understand the police are human beings. Human beings are flawed, they sometimes make mistakes sometimes deliberately and sometimes with the best of intentions. Do you agree that there are legitimate concerns there that relate to the fact that police are human beings and we have to be concerned about the power the immense power they can have two cs cash, real property, or other types of personal property and then put the burden on the citizen to prove that they didnt do anything wrong is a Condition Precedent for getting back that of which is already theirs . Statement. Almost all asset forfeitures have been with the litany of other factors that would cause a Police Officer to see those assets. To do believe that a Police Officer should not make any kind of final determination that should be set aside for a did to cater lay beyond the Law Enforcement officer. In 2090 testified before this committee to the Supreme Court and you asserted that concerns that her abuse on the Second Amendment were quote wild speculation. After she was at the Supreme Court, in a case called mcdonald versus city of chicago, the Second Amendment not received or restrict the state to regulate firearms. That was the position taken. And also question the reason power in the case the Supreme Court included the Supreme Court did a right to bear arms to the individual. Do you thousand nine testimony . Yes or idea because at the time, we reviewed her Previous Court decisions in new york and as i recall, there were very little or no actual Second Amendment cases in her portfolio at that time. Obviously a senator said hindsight maybe 2020 but at the time he took the available information from her record. Do you still believe that it was based on speculation that cause some people to question her belief in the Second Amendment right to bear arms state . At the time to believe that. Now looking at her decisions in my opinion might be different but at that time, we saw nothing that indicated she was a judge that didnt believe in the Second Amendment. caret here is the concern i have. Time and time again you made statements about the secondment minute. It turned out to be wrong. Youve been you run roughshod over the rights of lawabiding citizens. In favor of the authority of the government. Time and time again when we see this kind of activity, you in involves government activity that very often hamza tendency or potential in many cases to have a practical effect of making life more difficult for lawabiding citizens while doing little or nothing to restrict actual criminal behavior. That is a great concern to me. Even if we are talking about investing Regulatory Power in you. You referred earlier today youve had access to experts on yourself. If those are the people are going to be making the decision, that concerns me as well. Your answers today have unfortunately not alleviated the concerns which i hope you might have been able to alleviate today. Mr. Walker, you have argued that the fbi should not act in an independent way you have appointed to the example of hoovers actions that he let the fbi and the satellite rights violation that cause. That was a long time ago. It seems to be that in the present moment the bigger danger is that the president receives nothing wrong that they hold off on the political allies. Do you see anything wrong with this question mark. Senator i think first of all, its important to know that absolutely no one is above the law including and especially the president. The article that you were describing was a historical exploration of a very bad time in the fbis history when the civil liberty of the political minorities and racial. That doesnt mean should completely go the other way. You seem to argue that. The president should in fact, the way you framed it, the fbi should answer to the president who answers to the people he must fbi director to think of himself as an agent of the president and not as the protector and the nations protector. You seem to be going the sick way. Is mike my question to you is is okay for the president to ask the fbi director to go easy on friends or allies . Of course no one is above the law is a judicial nominee i am prohibited from wading into political actions and current controversies by the canons of conditional conduct however i do stand by the article which i wrote. It was an attempt to recognize the lack of supervision that attorney general and president of both parties had failed to supervise director hoover when he had a lot of power with the fbi. That was then. Well acknowledge that. That hoover misused his powers. We hope that the fbi directors are not doing that now. There are so concerns whether the fbi should be independent that they have an independent role to play in Law Enforcement free from infants parents with the president. That is what im trying to get out. You seem to indicate that the fbi should not be free from interference and i am wondering whether you think it was okay for the president to demand that the fbi either begin alter or and an investigation. If i am and correct and that and just say. You are describing with respect a current controversy in a political controversy and is much as i am willing and able to stand by what i wrote in my article about the history of the fbi and some of the lessons i think we can learn from the history, i am prohibited from wading in to the political waters to that go beyond the what i said the time. I certainly know the fbi should not break the law and no one is above the law. You say this is a current controversy and you do not want to wade into political waters. I would say that if you stand by what you wrote then that says to me that should such a case come before you that you would be right consider the president ability to direct the fbi in the way that this president has sought to do to be okay. Let me get to canterbury. One of the inspections records that they obtained this particular inspection result in a recommendation for the revocation of a gun dealer in hawaii. The dealer had multiple repeat violations had failed to report multiple sales and had transferred the firearm to a self identified assailant. They downgraded it to a warning because of the dealers and stated understanding and intent to avoid a repeat violation it was already a repeat violator. If you are confirmed are you sure that they would voluntarily comply with a lot. Would be enough for you than a repeat violator says to you i promise never to do it again. I am going to have to review the entire procedure because i am not familiar with each level. I do know that there is a dedication process within atf. I will assure you that we will look at that. Based on what i told you though lets assume those are the facts, would raise a concern for you that it repeat violator is not properly taken as some sort of a response letting this person go because he or she promises not to do this again. He will look at that take a look at that. Every 16 hours if i could just a woman is shot and killed by a current or former in the United States. Nearly all have our committed by dating partners. Still federal laws still allow the partners to legally buy guns. Do you oppose this dating partners convicted of domestic partners from legally accessing firearms. I was under the impression that somebody convicted with Domestic Violence was already hit. Dating partners peoples. I dont know what under the Current System ats Regulatory Authority would be. Most of those laws in certain states i know that dating partners are considered domestic spouses. Is a federal law to the effect that a dating partner convicted should also be prevented. You dont know whether that is the case. Or you dont support it. I support keeping the firearms out of the hands of anyone lawfully has been dedicated. I do believe that Domestic Violence is a very serious issue in this country. I will do everything in my power to make sure the people it should not and legally cannot possess a firearm wouldnt have them. Every 16 hours a woman is killed in this country by someone up a domestic partner. Thank you. I will the record open in a perfect time for breaking questions. Thank you all. No one. [inaudible conversation] one of the most important issues facing their cities. Be sure to watch cspans washington journal. Life as seven eastern join the discussion. The cspan city stewart is on the road exploring the american story. It is one of the fastest micro bulletins areas in country and montana. We take you to bozeman montana. 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