President trumps decision to fire fbi director james comey. This is an hour. Senator grassley normally, i dont start until a Ranking Member or members get here. In this particular instance, i can start, but im going to stop wherever we are when the Ranking Member gets here, so she can make an opening statement. Good morning. I am pleased that we can hold this nomination hearing for three very wellqualified nominees to three important positions in our government. Noel francisco, nominated solicitor general. He will be the first ever asianamerican senateconfirmed solicitor general after confirmation. Steven engel, assistant attorney general for the office of Legal Counsel, an office that functions as Legal Advisor to executive Branch Agencies and the president. Makan delrahim, nominee to be assistant attorney general for antitrust division at doj. Makan immigrated to this country when he was 10 and if he confirmed, he will be the highestranking iranianamerican official in the department of justice. We all know makan because he was staff director for our friend sen. Hatch here, and his former staff director, he knows what it is like to sit on this side, and he is going to find out what it is like on the other side. So i congratulate all of you, and especially your families. I did welcome the friends and families of the three nominees, but obviously, you are very proud of them, and probably most of you had something to do with them getting as far as they have. So would you three folks stand and be sworn, please . Do you affirm that the testimony you are about to give before the committee will be the truth, the whole truth, and nothing but the truth, so help you god . Each of them affirm that. Will each of you very quickly im sorry. Im sorry. Go ahead. We have senators that are going to introduce people here. Proceed. Senator graham, go ahead, first. To introduce people here. Proceed. Ill certainly defer to senator hatch but okay. Well, youre in charge of deferring. So, its my pleasure to introduce mr. Angle to the committee. He went to harvard, cambridge and yale. Just in spite of that, i will support your nomination. [laughter] nobody plays good football at the schools. Except maybe cambridge. The bottom line is i have known him his, deputy for the same job as the Legal Counsel since 2007 and 2009. Let me tell you what i know about him. He was a fierce advocate for the bush administration. We had differences at times and we work them out. He always did what he felt was right and ethical. To the children, i think you should be very proud of your father. I think the president has chosen very wisely. Im talking about somebody who i actually interacted with under most difficult times after 9 11, and i am sure you are ready for this job, one of the most prepared people the president could have chosen. So i recommend strongly to this committee that you be moved forward in a bipartisan fashion, because you have earned it. Sen. Grassley sen. Hatch, go ahead. Sen. Hatch thank you, mr. Chairman, for holding this hearing this morning. Due to committee conflicts, i regret i will need to excuse myself following my remarks, but i have questions for the nominees i will summit for the record. That said, it is my great privilege today to introduce to the community i friend and to the committee, my friend and former chief counsel makan delrahim, President Trumps nominee to be assistant attorney general for the antitrust division of the department of justice. Nominee for the antitrust division with the extensive background the president could not affect a more qualified nominee with more than 40 years of experience on this committee i have for closely with some of those mines in the nation but among them during those several years serving as my chief counsel and Committee Staff director as a trusted confidante. He executed the duties and to this day one of the most talented chief counsels have ever hired. The white house took notice of his talents and in 2003 president bush asked him to serve as the Deputy Assistant attorney general with the Justice Department and having already served as Deputy Assistant attorney general he is exceptionally well qualified to serve today. To serve as a member of the task force on intellectual property to be the point person on the antitrust issues. Also led that appellate litigation and during his tenure at the department of justice he played key roles with the agencys enforcement of emerging issues of antitrust and intellectual property. His personal history is even more remarkable. The move did just nine years old. And he is a Success Story in is the American Dream and i have to say it comes from good people. After graduating to have a masters degree at Johns Hopkins and allot degree from George Washington law school he embarked on the exceptional career that he distinguished himself to lawmakers and president s alike and in addition to be wellrespected by people on both sides he is widely regarded as a National Expert on antitrust and intellectual property issues on april 24th the chairman and Ranking Member of this Committee Received a letter signed by 12 former antitrust assistant attorney general and then the letter they stated we dont always agree on all matters related to antitrust enforcement but we do agree that he has the experience and intelligence and judgment and their ships skills necessary to serve as the next attorney general. And also send from 11 of the former commissioners to which he was one of the commissioners. They express their unfettered support fis saying that we can attest to visit to integrity work ethic i ask unanimous consent that they are placed in the record at this point. Despite those accomplishments he is a thoughtful and kind and humble man. Thinks this tremendous individual for an important job so at this time reso wish to welcome the nomination for solicitor general of the United States. Also the president s nominee for the office of Legal Counsel. Both have distinguished legal careers with highly qualified physicians of which you have been nominated afford to hearing from you today i regret that i have to leave but. Now i will call on senator feinstein to and then you introduce of last nominee. A very much appreciate this courtesy and to the nominees and want to apologize this will be aside from your nomination and extended a polities to the families as well. Last night at approximately 5 30 p. M. President trump called to say he would be removing director call me from his leadership position at the fbi. President trumps specifically stated that the recommendation was provided by the Deputy Attorney general and attorney general sessions for the reason was the department is a mass. I was obviously surprised and taken aback. Then monday official announcement was released the white house provided three documents one, a letter from the president s firing director komi, number two from letter to attorney general sessions recommending he be removed on the basis of his personal evaluation that a fresh start is needed at the leadership of the fbi. And a memo from the Deputy Attorney general outlining serious concerns about director komis handling of secretary clintons email investigation. This raises additional questions why did the president make reference to russia investigation in his letter dismissing director comey . Because the department was a mess and lacked leadership or not the reason for firing komi is part of the clinton domestic stuff but the press reported that director teeleven found out about the firing through Television News coverage that broke hollywoods speaking to fbi agents in los angeles he was not told directly and reportedly believed that it was a prank apparently the president s letter had not yet been delivered to fbi headquarters before the news was public. Several news outlets also began reporting that the administration had been considering firing director comey for some time and charged with building a case against director comey for a least a week. Specifically the New York Times reported that attorney general sessions was in charge of the responsibility to come up with reasons to fire director comey. This morning politico is reporting that trump had grown angry with the Russian Investigation with teeleven in bidding in front of the senate that the fbi was investigating his campaign. And the fbi director would not support his claims that president barack obama had tapped his phone in trump tower. As i reflect on the decision to dismiss director comey i become incredulous thinking about the ongoing fbi investigation into russia is interference with our president ial election impossible connections to associates of the Trump Campaign and administration. One thing that sticks in my mind is the classified briefing that you and i had from director comey on march 15. At this briefing director comey outlined the counterintelligence and criminal investigations the fbi is conducting involving russias covert action to influence the president ial election. I cannot go into specifics but you and i know that it was rather comprehensive for this kind of briefing. The fbi director was precise and presented substantial information. Was clear the fbi was taking his job seriously and substantial investigation was under way. In addition just last week on may 3rd director comey came before the Judiciary Committee and promised to update the committee and provide briefings on the russian destination in declassified setting as necessary. Then last icn and reported that federal prosecutors had begun taken steps in the investigation last few weeks including issuing a grand jury subpoena under Michael Flynn seeking Business Records as part of the Russian Investigation. In fact, reporters learned that prosecutors were issuing subpoenas as part of the Ongoing Investigation into russian interference with the election just hours before director comey was fired. At a minimum the decision to fire director comey raises questions about the appropriateness and timing to fire the person in charge of an investigation that could implicate the illustration. To have this happen and have it happen now was beyond surprising. I believe it is important that Deputy Attorney general roses stein come before the Judiciary Committee to brief members on the reasons and the timing of the firing as a well as what steps are being taken to ensure the action will have no impact of the work of the fbi with the Ongoing Investigation i also plan to work with senator blumenthal that is truly independent prosecutor can be appointed however while we work on that legislation and want to redo my call to have a special prosecutor appointed to oversee the Russian Investigation i have said on some occasions that we are in unusual times with three important positions member should have the opportunity to speak out so i hope youll other members to say a few words but i very much appreciate this courtesy. I want to welcome each of the three nominees but i have a particular honor and privilege to introduce my eighth year friend who has been nominated be solicitor general of the United States. A lawyers lawyer, and that matters because the solicitor general is the only position in the federal government that is required by statute to be learned in the law. And i very glad there is no similar requirement for United States senators. We have known each other and have been friends 20 years. Growing up in upstate new york went to the university of chicago for undergraduate and law school we met when he became a u. S. Court of appeals the year after i clerked he went on to clerk for Justice Scalia and i can tell you in his service there that he came to earn the trust and respect of those to legendary is judges to remind him with his judgment and skill and legal analysis. After his clerkship became to work a small beauty care in washington d. C. Where i was an associate their many things and obvious about noel record he is brilliant incredibly talented lawyer but he also has good judgment and is very even keel and steady. Nothing rattles him. You want him nude at a crisis is a veteran of the White House Counsels Office and inexperienced Supreme Court advocate including arguing where he defended the Constitutional Authority of the United States senate to rise and consent on president ial appointments. Guest the landmark case nine o. Noel is universally wellrespected by republicans and democrats alike because he is fundamentally decent. One of my favorite members memories in the midst of litigation late at night to join with him arm in arm to read aloud shakespeares speech we few, we happy few few, we band of brothers enjoying today by his beautiful wife cynthia was a talented and incredibly capable lawyer in her own right and they met on the Fourth Circuit together as clerks and thereto beautiful little girls that i can tell you they shower with love every day were so proud of with a view. If confirmed, noel will be the first Senate Confirmed asianamerican solicitor general in our countrys history which i know is a point of deep pride for many in that community. And i can tell you noel will make a terrific solicitor general and will fulfill the role with skill and principle and integrity. I have already done what was next on the agenda i gotta head of myself to be sworn in so no mr. Francisco your Opening Statements to introduce any of her family and friends and that is true for all three of you. Chairman grassley and members of the committee committee, thank you for taking the time to consider my nomination to be solicitor general of the United States. Outside shooting President Trump and attorney general sessions for the trust they placed in me to put in this position of solicitor general and also thank you for that warm introduction the girls and i are so grateful for the french if you have shown to us over the years. Mr. Chairman senator cruz has already introduced my family and joined by my wife of 18 years this past monday was our 80th wedding anniversary. Happy anniversary. Also our daughter caroline and maggie is in the third grade i am also joined by my wifes father and stepfather and former ambassador mr. Macdonald. My own mother brother and sister could not join us today but i am sure there watching from home. Mr. Chairman with the deep sense of honor and gratitude i sit here today. My father born in the philippines in 1935. He grew up amongst the ravages of World War Two and once told me how as a young boy he was forced to live an abundance of a bombed out bank whenever a face said joyce toward difficulties of life i think of that little boy he could not possibly have dreamed when they his summit have a high honor to be before this body and i am so grateful to you all for helping to fill with that scared little boy. My father also brings to mind my home town on the shores of lake ontario. A little known fact during World War Two providing refuge to almost 1,000 jews fleeing nazi germany. And the only one to do so. And not to be surprised. The good people a filipino immigrant was will come with open arms. That he came and died in american he will always represent the promise of this great nation and that is why i am so honored to be here with you all today. The office of solicitor general plays a special role in the system of government to represent the citizens of this great land for the United StatesSupreme Court to play a role to safeguard of rights and liberties and in so doing serving as an intersection of all three branches of our governments of separated powers that the framers understood id like most attorneys the solicitor general owes those responsibilities to all three branches of the government it does serve as an attorney for the president and the executive branch but he year she is also responsible for the laws passed by this body in federal court. Did in subduing of independence and cantor after all the goal is not just to win but to ensure that justice is served. If im fortunate enough to be confirmed it would be their greatest honor to stand before the Supreme Court on behalf of citizens of this great land i could not imagine a better way to honor my voss the truest american i ever knew. I look forward to your questions. Let me express my a gratitude to you and other members of the committee for giving me the privilege and a special thanks to senator hatch and gave me a great honor and privilege to be here. Thirtyeight years ago and nine yearold kid not speaking english to the sounds of machine guns and death to america. Thirty years ago i would help my dad when we all moved here in the Los Angeles Area helping to pump gas and change oil. Twenty years ago there was a great privilege to serve in this committee as one of the highlights of my career. And dice it here before you very proud to be the president s nominee of the antitrust division my story is not unique which is great about this country i dont think there are many other countries. Senator with your permission i have family and friends here to show their support there is my wife michelle my two sisters and a Deputy Director at the nih to dedicate her life and resistors from york and those who live happy to take the day off from university to be here. I am sad to say that my son and daughter are still a los angeles that were not able to live here to have some days off of school. And rabbi and our colleagues from the Justice Department from the white house killed office i am honored to be here with these two gentlemen who could not be better legal minds. As i mentioned it was a great privilege to be here as a staff on the committee i know how hard the staff worked as sacrifices they make and i think them and others for what they do with public service. San bernardino fortunate enough to be confirmed a would be grateful for the privilege with uh dedicated staff of the antitrust division to preserve the competitive markets vice served as a Deputy Assistant attorney general and did no firsthand the important work to bust the cartels into force of law of illegal competition. I learned to great deal during those years and im looking forward to apply those to the antitrust division. The greatest protectors of the free market system hardnosed competition free from inappropriate restraint these to hire quality goods and services for the American Consumer the Supreme Court has welcome to the sherman act and for these reasons i fully appreciate the importance of the job at hand mr. Chairman with the oversight rule of those markets are functioning properly with those particular combinations the antitrust laws and then forced and overseen in this committee in a bipartisan manner and i hope that continues i am fortunate enough to be confirmed i will work with the committee in the great tradition to oversee the operation of the bipartisan manner to provide any technical the vice to Work Together to continue and improve the global competition for Business Service and workers. Mr. Chairman i cannot tell you how honored i am to be here to have this privilege that the president attorneygeneral have bestowed on me. Chairman grassley and Ranking Member and members of the committee i am honored to be before you today figure for scheduling the hearing in meeting with me both of my parents are here today and hopefully least one of them believe it also president and the attorneygeneral and the confidence they have shown with the germans permission to introduce members of the family first we met when we Work Together on the ninth Circuit Court of appeals in where i clerk for Justice Kennedy she clerked for Justice Scalia was a former head of Legal Counsel. One of the most gifted attorneys that i know her love and support of all endeavors. They have picked matching dresses for the occasion for any just turn 10. This is not the familys only public event today but today aid and will perform in hearst bring place a is a busy day for our family. To run Small Business my mother is a retired schoolteacher they raise my brother and me on l. I. Where they still live and inspired us by their example and instilled their commitment to hard work and education and service but i am proud to have another devoted mother and grandmother who has come down to the hearing from york and those that appeared before the committee 23 years ago after president clinton nominated him serving with great distinction and is well known in new york is one of the hardest working judges on the bench i am grateful that they have decided to come down to washington d. C. This morning. Hot and i am completely honored as the head of the office of Legal Counsel it plays a Critical Role to ensure that those governed by laws the assistant attorney general has the responsibility of devising the executive branch of the requirements of the law to fill the president s constitutional duties and take care that the law me faithfully executed it is vital that a Performance Mission well and to have candid independent legal vice without regard to the aims of the policymakers they did not get to as the legal questions they received under those questions facing executive branch these are questions as has been observed would be a degree of poverty and unambiguous authority from the questions the opinions must go beyond the office must do its job with the requirements of the law and longterm interest of the executive branch easier said than done but it is critical that they be done in the culture of the office and the department of justice to ensure the office maintain perspective and independence necessary i had the privilege to serve before as a deputy in the office of Legal Counsel with the deepest respect for those proud traditions to some of the most devoted lawyers some of them are still there no those who headed the office with the Supreme Court justices and attorney general is inspiring as it is humbling i am fortunate enough to be confirmed a pledge to the committee i will honor the standards of integrity independence and professionalism i will discharge irresponsibility to be a faithful steward of the office to pass on the office stronger to the future of leadership and the committee for its time and a look forward to your questions. Mr. Francisco you are to represent the of government in the Supreme Court even when they dont personally agree with the law can you defend this nation regardless of your ideology or whether or not you personally agree with the statute itself by. Absolutely. The soldier general is a lawyer representing United States it is the views expressed of the United States and the statute which the solicitor general is obligated to defend whenever a reasonable argument can be made with a very narrow category of cases that is the standard that i would apply. Your antitrust experience and that is quite common for the individual nominee in the last two obama appointees in the antitrust matters like comcast for general of the trick and the day because you have led the antitrust debate and had clients in the private sector looking at what recusal policy bush eufaula correct. I take the recusal as the ethical obligations very seriously as has been the tradition with of career ethics officials of the department as well as the antitrust division to be an accordance with the law of what i have committed to. You have represented and done with antitrust matters currently the merger is an ongoing litigation if confirmed we you recuse yourself from investigations i recuse myself from the of the merger and it is on appeal to the Supreme Court. Q have been nominated to serve as head of the Legal Counsel we have the Deputy Attorney general and sally aids was reported this committee who said the agency you will approve the First Executive order as lawful but it was her job to distinguish between lawfulness and the truth and she said about the role of your agency the office of Legal Counsel has a narrow function to look at the face of these executive order to determine on its face whether there is a set of circumstances so do you agree with that function . They give all of that question. I believe they must look only at of law not only to consider questions of policy but those operational responsibilities but i do take issue with the description that she gave as the function intended to review if there was a way to defend an executive order we are not litigators trying to come up with arguments to review those executive orders as well as other proposals to ensure they meet the requirements of all law. The question of independence has come up under worthy Trumps Administration starting with the time you began assisting the effort has a. Guest cost you to make a commitment to reach a certain legal conclusion . As a lawyer in the transition about one to get into discussions on the of the gulf front nobody ever asked me to make conclusions if i am fortunate enough to be confirmed. Before i a turn to the nominees we were classmates at the university of Chicago Law School and he has the respect of Law Enforcement president s dismissal of a Major Investigation repression interference raises serious questions with the Trump Campaign officials are now under investigation and in fact, director comey was sent to was set to testify before the Intelligence Committee as russia was about to come up. To know that these decisions were made by the department of justice the matter what they may lead to this is clear we need as special prosecutor to get to the bottom of russian interference i called for that on january 1st and we have introduced legislation calling for that. Now live a bike to turn to the of nominees to mr. Delrahimso i will focus to my questions to the hitherto nominees will be asked on the record. Mr. Delrahim i appreciate you say explicitly in your questionnaire than to reiterate that he would recuse yourself from the and then imposed acquisition so could you reiterate again what approach would take for other matters as to whether or not he would recuse yourself . As it is customary for the department of justice, there is a number of recusals. And i will be dealing with the fortunate to be confirmed dealing with the ethics officials within seven days in going into more detail exactly i will be consulting with them with a title 19 section two 08 i do not want to go to jail laugh laugh. That is critical but yet we have heard the white house comment about the impending net mergers what would you do if a staffer calls regarding a pending investigation over antitrust as you know, senator the role of the aig is a Law Enforcement function the independence of the decisions made that is a serious one that should be free from any political influence there are procedures long standing in the justice apartment and how you communicate with the Justice Department of it is a handful of senior officials to cannot communicate through the white house cals loss office Councils Office but as attorneygeneral to be reiterated politics will hobble of the antitrust laws. For those that have received criticism from the antitrust laws you wrote to the meat is brief can you describe the position. Yes. That was an important matter with the legend and unity with us Second Circuit during my time that last for the views of the antitrust division as they would diverge from the sec the solicitor general at the time convened a meeting they authorized the Second Circuit that said they implied immunity would not be appropriate that the Supreme Court spoke in the eight one decision it was supported of what ultimately became the Second Circuit not the did is this is eerily relevant because it is what the law is i am not an open book on this issue with the antitrust Modernization Commission but i think it should be done by this body not the court. Good answer. Thanks to all three of you for being here. Mr. Francisco lets start with you, one of the many duties if you are confirmed would be to review cases that are pending before the Appellate Courts in United States to decide appeal and deciding in many instances to play a significant role to do that. That can affect the win loss record so tell us how you undertake that decision. I had the good fortune to serve as the acting solicitor general from month toward the end of january through march this year i had a chance to see happen actually functioned and while the solicitor general does play the Important Role he or she has an enormous amount of assistance in any case where the government is assisting taking a appeal or position the first is the role of the agencys to send those over to the department of justice for they are reviewed whether the antitrust litigation the Civil Division and criminal division. And they are forwarded to the Solicitor Generals Office for they are reviewed and then one of the four deputies. Only at that point does it actually a band of the solicitor generals desk and then will convene meetings of those individuals that is the position of the interest of the United States as determined by the government as a whole civic so that title is descriptive. So in that sense you voss some assistance to view those recommendations. After all the are not representing a government building but the views of the United States as a whole. Three you have an in some cases representing individual or a corporation. Denied it states is a little different. Absolutely i would have to say it is far easier figure zero appeared the individual than to figure out the interest of the United States. How will lead you characterize the antitrust division over the last eight years through in january 2009 . Senator, not to be in pretty to any other facts or evidence it would be inappropriate for me to comment but by and large the antitrust laws have then in force to near 700 dedicated attorneys at the antitrust division they take that very seriously and investigate them and if i am fortunate enough to be confirmed will continue that. Any particular posses or procedures or policies you would change from the past . Going back to my experience i had the international and appellate responsibilities one of the greatest exports of the United States unfortunately is antitrust laws we have 130 agencies around the world who are new to the antitrust regime doing what they think is right in some cases i have reports there might be protectionism in the application of those laws were they could misapplied those like they did in us 70s before the advent of of economic thinking i think focusing on the International Area is to see how we pay more attention to that. Thank you mr. Chairman congratulations on your nominations we have known all of you for many years you are well qualified and can perform with integrity the department of justice i commend each of you for your dedication with a lot to be fair and impartial i have four letters of light to enter into the record the first is the president and founder under humanrights under law the second is a letter from numerous officials in the legislature food describe themselves as representatives of multiple Political Parties who strongly endorse the nomination of mr. Francisco the third letter is from the Bar Association which says that he is held in high esteem from democrats and republicans his confirmation would represent a historic first of the asianpacific american unity to effectively represent United States before the u. S. Supreme court. The of final letter is a letter from floyd abrams lament of the left in a ferocious defender of free speech i would recommend anybody that is interested in mr. Francisco nomination of a highlight the two paragraphs for explains one quality we should demand is that he or she speaks of only for the illustration but also for the broader values including institutional ones relating to the role of the Supreme Court it is not the cliche to say exaggeration to say let to the solicitor general but only to represent United States backed as independent check on legal issues to bear in mind the need for procedural regularity to enforce the law with a rigorous appearance to those principles embodied in the bill of rights as well as the text of the constitution as awful i believe he would be just that role agree solicitors general have played in the past if confirmed he would represent the nation with skill and honor and in a manner to demonstrate his willingness and insistence to abide by the constitution of our nation with independence of light to enter all four records in june butters and to the record. You have described your work in private practice with your appellate work as forcing the United States to live within the constitution tell me how that view is how you will approach that position if confirmed . Thank you for that question and reading those letters into the record i am thankful for those individuals have given me their support by not alone in this but i do believe one of the things that makes country great is we have a government that is bound by a constitution and just as important a separation of powers to enforce that. After all their lots of countries in the world and my mentor who sadly past there are many countries in the world who have a bill of rights that our more detail them are beautifully written but they dont have the system of separated powers that enforces that constitution in a beaded greatest honor of my life to stand up as solicitor general with that separation of powers with the solicitor general on behalf of one Branch Standing before the Supreme Court which is another branch defending a third branch where the separation of powers comes together to provide those protections that the constitution provides greater than any country in the world. I have read your resonates. They are extraordinary. Your beautiful daughters. I have one child and i dont intend it to go to jail either. [laughter] i am very impressed with your resonate i casually mentioning opening at the fbi we will keep there. I have no further questions except what did you study at cambridge . History. Good you did something besides a lot. That was smart. I was on a knox fellowship. Even better. Thankyou. The record will be open for one week. The hearing is adjourned. [inaudible conversations] announcer today at noon eastern on book tv, military historians discuss their books on world war i at the 2017 colby military symposium. Jennifer,lude author, michael with his book the path to war, retired colonel and his book over there american the great war and the recipient of book,lby award, the waging war. Military 2017 colby writer symposium today at noon eastern on book tv. Journals washington live every day with issues and that in you. On sunday morning, president and ceo of Freedom Works discusses tax Reform Efforts and how the senate may proceed with the American Health care act. American history professor with his book the title for talks about possible impeachment proceedings against President Trump and Caitlin Flanagan on latenight comedy. Be sure to watch cspans washington journal live at 7 00 a. M. On sunday morning. Join the discussion. Senator heidias heitkamp and cindy mccain, wife of john mccain participate in a discussion on u. S. Efforts to address human trafficking. This is about an hour and 15 minutes. Thank you for hosting this very important discussion today and thank you to senator heitkamp and mrs. Kane mrs. Mccain for taking time out of yo