The Senate Judiciary Committee approved three high-profile picks on Thursday for the Justice Department, including Noel Francisco to be solicitor general, thrusting him directly into the middle of a number of major court cases the Trump administration is already fighting.
Mr. Francisco will be the government’s advocate before the Supreme Court if confirmed by the full Senate.
He cleared the committee on a party-line vote, 11-9, with Democrats saying they were looking for someone who would stand up to President Trump within the department, and they doubted Mr. Francisco would do that.
Sen. Dianne Feinstein, the ranking Democrat, said she was particularly eager to see someone who wouldn’t defend Mr. Trump’s extreme vetting executive order that halts most admissions from six terrorist-connected countries.
Mr. Francisco, as acting solicitor general early in the administration, signed briefs justifying the first version of the executive order.
“Mr. Francisco defended that ban in federal court and the court held that ban was flawed. Bottom line, I am concerned he will approach his role as President Trump’s solicitor general and not the solicitor general of the United States,” Ms. Feinstein said.
Mr. Francisco’s legal credentials are extensive, including arguing before the Supreme Court on high-profile cases before.
He won a 9-0 spanking of President Obama over illegal recess appointments, fought the administration to a draw on the Obamacare contraceptive mandate and won the release of former Virginia Gov. Bob McDonnell after convincing the justices that the corruption charges were bogus.
The committee also approved Steven Engel to be the Justice Department’s assistant attorney general in the Office of Legal Counsel. That vote was also along party lines.
Ms. Feinstein voiced concerns over Mr. Engel’s role in reviewing and commenting on the “Draft 2007 Memo,” which was an 80-page opinion from the OLC on interrogation techniques the Bush administration was using.
“In short, this opinion was an advocacy piece designed to support the administration’s policies,” she said.
The Judiciary Committee also approved Makan Delrahim to be an assistant attorney general for the Justice Department’s antitrust division.
Only Sen. Sheldon Whitehouse, Rhode Island Democrat, voted against Mr. Delrahim’s confirmation.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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