Congress

Trump’s nominee for solicitor general won’t rule out ignoring court orders in ‘extreme cases’

Published

1 year ago

February 26, 2025

President Donald Trump’s nominee to be solicitor general told the Senate Judiciary Committee Wednesday that presidents might rightfully defy court orders in “extreme cases.”

“Generally, if there’s a direct court order that binds a federal or state official, they should follow it,” D. John Sauer said at his confirmation hearing, in response to questioning by Sen. Dick Durbin (D-Ill.), the committee’s ranking member.

When Durbin questioned whether Sauer could envision an exception, Sauer replied by citing two Supreme Court decisions that were eventually overturned: a 1944 decision that upheld the constitutionality of the internment of Japanese civilians during World War II and the 1857 decision that upheld slavery.

“I suppose you could imagine hypotheticals in extreme cases like the Korematsu decision, the Dred Scott decision,” he said.

Referring to the Korematsu case, Durbin responded: “As bad as it was, that court order was followed for years, was it not?”

“I just wonder whether some historians might think we’d be better off if it hadn’t been followed,” Sauer said.

If confirmed as solicitor general, Sauer will be the top Justice Department lawyer representing the Trump administration at the Supreme Court. He previously was one of Trump’s personal lawyers, most notably arguing the case last year in which the high court granted Trump broad immunity in one of the federal criminal cases brought against him.

Sauer also declined Wednesday to provide a concrete answer to a question by Sen. Adam Schiff (D-Calif.) regarding an argument Sauer made during the immunity litigation.

Sauer argued to a federal appeals panel that a president who ordered SEAL Team 6 to assassinate a political adversary could be criminally prosecuted only if he were first impeached and convicted by the Senate.

If Trump were to order the use of violence against a political opponent, Schiff asked, “Will that continue to be your position as a lawyer for the United States? Will you represent to the court that any prosecution should be dismissed if the president is not first impeached?”

Sauer didn’t provide a direct response, instead saying: “The hypothetical you’ve offered, respectfully, is so outlandish, I don’t know if I’m positioned to address it.”

Congress

Pence-backed think tank joins push to keep kids’ safety bills out of AI package

Published

3 hours ago

June 17, 2026

Blue Light Newsroom

More than a dozen groups including former Vice President Mike Pence’s Advancing American Freedom are urging Senate Commerce Committee leaders to reject efforts to attach kids’ online safety measures to a national artificial intelligence framework, according to a letter shared exclusively with Blue Light News.

The groups argue that the proposed measures could undermine users’ free speech rights while creating new risk to privacy and data security. Their push comes as lawmakers weigh broader AI legislation, and follows reports last week that Sen. Marsha Blackburn (R-Tenn.) is working with the White House to shore up support for a kids’ safety package that could ultimately preempt some state laws on AI.

The Blackburn-led measure is expected to include the Senate version of the Kids Online Safety Act, which includes a “duty of care” requiring companies to design their products with an eye toward preventing harm to children, the NO FAKES Act and the App Store Accountability Act. It’s not yet clear how aggressively it would preempt state action on narrow issues such as verifying users’ ages on social media.

Think tanks including the libertarian R Street Institute, the Taxpayers Protection Alliance, and industry group NetChoice, are among the 13 total signatories. They take issue primarily with ASAA, which would require app store platforms such as Google and Apple to verify users’ ages, and KOSA.

The coalition is alarmed by age verification requirements that could require users to submit personal information to digital databases vulnerable to data breaches and hacks. It also takes issue with parental consent provisions, which would “inevitably require even more intrusive data gathering to prove both the identity of the parent and his or her status as the child’s legal guardian,” the letter reads.

KOSA is also problematic, according to the coalition, because of its duty of care provision. It argues this would infringe on users’ First Amendment speech rights by “requiring online platforms to suppress certain kinds of content.”

Meta helped kill KOSA two years ago after raising similar free speech concerns with the bill to Speaker Mike Johnson, though it has since dropped its opposition because Blackburn’s package is expected to include language preempting state AI laws, as POLITICO exclusively reported Tuesday.

Congress

‘Un-American’: Democrats attack Trump’s uneven disaster response

Published

4 hours ago

June 17, 2026

Blue Light Newsroom

Democratic senators Wednesday attacked President Donald Trump’s approach to disseminating disaster aid as “unconscionable,” “shameful” and “un-American.”

At a confirmation hearing for Trump’s nominee to run the Federal Emergency Management Agency, three Democrats cited an article by POLITICO showing that the president had approved 89 percent of disaster requests from Republican-led states compared to 23 percent of requests from states led by Democrats. No president has distributed disaster aid at such uneven levels going back to at least 1981, when Ronald Reagan took office.

“Denying over 75 percent of requests from states that are led by representatives of another party is unconscionable,” said Sen. Gary Peters of Michigan, the top Democrat on the Senate Homeland Security and Governmental Affairs Committee, displaying a large poster of a chart included in the news article.

“Given this stark data, what other conclusions can one draw other than that the president is using federal disaster assistance to punish states that elect Democrats?” Peters asked Cameron Hamilton, who would be the first permanent FEMA administrator in Trump’s current term. The committee did not vote Wednesday on Hamilton’s nomination.

“The idea that Americans who need help in the wake of a tornado or a flood or a hurricane should be treated differently based upon politics is shameful. It is un-American,” Sen. Maggie Hassan (D-N.H.) told Hamilton.

Hamilton avoided answering questions about the discrepancy as he tried to assure senators.

“If confirmed, my focus will be to ensure that FEMA is objective, is fair and reasonable, follows the law, and is consistent in the approach to how we adjudicate claims and requests for disasters,” Hamilton told Peters.

“You still can’t answer questions about what happened while you were there,” Peters shot back, noting that Hamilton was FEMA’s acting administrator for part of 2025. “I don’t trust that that’s what you’re going to do because it didn’t seem like you did it when you were there before.”

The sharp comments came the day after 16 Democratic senators along with Sen. Bernie Sanders (I-Vt.) sent a letter to White House budget director Russ Vought citing the Blue Light News article to ask for details about every disaster request Trump has handled, including internal FEMA documents.

“There is no politicization to the President’s decisions on disaster relief,” White House spokesperson Abigail Jackson said in a statement to Blue Light News’s E&E News.

Hamilton ran FEMA from the start of Trump’s term until he was fired on May 9, 2025, after contradicting the administration by testifying that FEMA provides essential services to the country. Trump and then-Homeland Security Secretary Kristi Noem had said they were considering eliminating the agency.

During Hamilton’s 15 weeks at FEMA last year, Trump denied a disaster request for Washington state that had been submitted by Gov. Jay Inslee (D) in late 2024, shortly before he left office.

FEMA’s own analysis of Inslee’s request found that storms and flooding had caused $34 million in damage, which is more than double the agency’s financial threshold to qualify for disaster aid. Trump and Inslee had harshly criticized each other during Trump’s first term.

Hassan asked Hamilton what he would do if Trump rejected a request for disaster aid to punish Democrats.

“Well, that’s a very odd hypothetical. I don’t believe the president would do that. But I will tell you that my oath of office requires that I follow and obey the law,” Hamilton replied.

“You all are going to have to think about what you will do when he reverses your decision, completely based on politics, which as I said would be immoral and un-American,” Hassan replied.

Federal law gives presidents exclusive authority to approve or deny requests for disaster aid. FEMA recommends whether aid should be approved or denied based on an estimated cost of repairs.

Michigan Sen. Elissa Slotkin (D) recalled what she described as an unusual action by Trump after Gov. Gretchen Whitmer (D) sought disaster aid last year following an ice storm that demolished electricity infrastructure in northern Michigan. Trump approved some disaster aid but denied Whitmer’s request for aid to repair the damaged equipment. Trump eventually reversed his denial and approved the infrastructure aid after heavy lobbying from Michigan officials.

“It’s just hard to rationalize how many disasters have been approved for aid in Republican states versus Democratic states,” Slotkin said. “Republicans would be screaming bloody murder if the stats were reversed.”

Congress

OMB nominee touts plan to give Trump appointees power to kill grants

Published

6 hours ago

June 17, 2026

Blue Light Newsroom

President Donald Trump’s nominee for the No. 2 post at the White House budget office told lawmakers Wednesday that the administration will stop federal cash from flowing to “divisive ideologies” under new grant rules in the works.

Hal Duncan, who is seeking Senate confirmation to serve as deputy director of the Office of Management and Budget, said during his confirmation hearing that the White House will ensure federal grants are aligned with Trump’s priorities by changing the way more than $1 trillion is approved each year.

“The ultimate deciders of these grants will be the political employees at the agencies,” Duncan noted in testimony before the Senate Homeland Security and Governmental Affairs Committee.

The White House proposed changes last month that would put political appointees in charge of blessing or nixing awards to state and local governments, community groups, education institutions and nonprofit organizations. The result, Duncan said, will be that the administration will more easily head off fraud and no federal dollars will go to “divisive DEI ideologies, woke gender ideologies, illegal immigration.”

The administration is expected to finalize these plans as soon as this summer.

Sen. Ron Johnson (R-Wis.) touted the proposal as a way to ensure federal money goes to “things that President Trump actually ran on — his causes.”

But Democrats are raising concern that the Trump administration will use the new approval process to deny federal support for groups or governments that don’t boost Trump.

“That really sounds to me like you all are trying to turn the entire federal government into this one big slush fund to reward those aligned with the administration and punish everyone else,” Washington Sen. Patty Murray, the Senate’s top Democratic appropriator, told Duncan on Tuesday, during his first confirmation hearing before the Budget Committee.

Both committees must vote in the coming weeks to advance Duncan’s nomination to the Senate floor for a confirmation vote by the full chamber. He is already serving in the role as acting deputy director.