President Donald Trump\u2019s nominee to be solicitor general told the Senate Judiciary Committee Wednesday that presidents might rightfully defy court orders in \u201cextreme cases.\u201d<\/p>\n

\u201cGenerally, if there\u2019s a direct court order that binds a federal or state official, they should follow it,\u201d D. John Sauer said at his confirmation hearing, in response to questioning by Sen. Dick Durbin (D-Ill.), the committee\u2019s ranking member.<\/p>\n

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

\u201cI suppose you could imagine hypotheticals in extreme cases like the Korematsu<\/i> decision, the Dred Scott<\/i> decision,\u201d he said.<\/p>\n

Referring to the Korematsu<\/i> case, Durbin responded: \u201cAs bad as it was, that court order was followed for years, was it not?\u201d<\/p>\n

\u201cI just wonder whether some historians might think we\u2019d be better off if it hadn\u2019t been followed,\u201d Sauer said.<\/p>\n

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\u2019s personal lawyers, most notably arguing the case last year in which the high court granted Trump broad immunity<\/a> in one of the federal criminal cases brought against him.<\/p>\n

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.<\/p>\n

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.<\/a><\/p>\n

If Trump were to order the use of violence against a political opponent, Schiff asked, \u201cWill 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?\u201d<\/p>\n

Sauer didn\u2019t provide a direct response, instead saying: \u201cThe hypothetical you\u2019ve offered, respectfully, is so outlandish, I don\u2019t know if I\u2019m positioned to address it.\u201d<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"