S.Hrg.119-286

1[Senate Hearing 119-286]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-28656              CONFIRMATION HEARING ON FEDERAL APPOINTMENTS78=======================================================================910                                HEARING1112                               before the1314                       COMMITTEE ON THE JUDICIARY15                          UNITED STATES SENATE1617                    ONE HUNDRED NINETEENTH CONGRESS1819                             FIRST SESSION2021                               __________2223                            OCTOBER 22, 20252425                               __________2627                          Serial No. J-119-492829                               __________3031         Printed for the use of the Committee on the Judiciary3233                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3435                        www.judiciary.senate.gov36                            www.govinfo.gov3738                               ______3940                 U.S. GOVERNMENT PUBLISHING OFFICE414262-746                    WASHINGTON : 20264344                       COMMITTEE ON THE JUDICIARY4546                  CHARLES E. GRASSLEY, Iowa, Chairman4748LINDSEY O. GRAHAM, South Carolina    RICHARD J. DURBIN, Illinois,49JOHN CORNYN, Texas                       Ranking Member50MICHAEL S. LEE, Utah                 SHELDON WHITEHOUSE, Rhode Island51TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota52JOSH HAWLEY, Missouri                CHRISTOPHER A. COONS, Delaware53THOM TILLIS, North Carolina          RICHARD BLUMENTHAL, Connecticut54JOHN KENNEDY, Louisiana              MAZIE K. HIRONO, Hawaii55MARSHA BLACKBURN, Tennessee          CORY A. BOOKER, New Jersey56ERIC SCHMITT, Missouri               ALEX PADILLA, California57KATIE BOYD BRITT, Alabama            PETER WELCH, Vermont58ASHLEY MOODY, Florida                ADAM B. SCHIFF, California5960             Kolan Davis, Chief Counsel and Staff Director61         Joe Zogby, Democratic Chief Counsel and Staff Director6263                            C O N T E N T S6465                              ----------6667                           OPENING STATEMENTS6869                                                                   Page7071Grassley, Hon. Charles E.........................................     172Durbin, Hon. Richard J...........................................     273Kennedy, Hon. John...............................................     474Moody, Hon. Ashley...............................................     57576                                NOMINEES7778Crain, William J.................................................     879    Questionnaire................................................    3780    Responses to written questions...............................   1138182Duva, A. Tysen...................................................     683    Questionnaire................................................   16984    Responses to written questions...............................   17985    Additional materials.........................................   2358687Van Hook, Alexander C............................................     988    Questionnaire................................................   23689    Responses to written questions...............................   2679091                                APPENDIX9293Items submitted for the record...................................   3119495              CONFIRMATION HEARING ON FEDERAL APPOINTMENTS9697                              ----------9899                      WEDNESDAY, OCTOBER 22, 2025100101                              United States Senate,102                                Committee on the Judiciary,103                                                    Washington, DC.104    The Committee met, pursuant to notice, at 10:16 a.m., in105Room G50, Dirksen Senate Office Building, Hon. Charles E.106Grassley, Chairman of the Committee, presiding.107    Present: Senators Grassley [presiding], Lee, Cruz, Hawley,108Kennedy, Blackburn, Britt, Moody, Durbin, Whitehouse,109Blumenthal, Hirono, Welch, and Schiff.110111        OPENING STATEMENT OF HON. CHARLES E. GRASSLEY,112             A U.S. SENATOR FROM THE STATE OF IOWA113114    Chairman Grassley. Good morning. We welcome everyone.115    Our panel features A. Tysen Duva, nominated to be assistant116attorney general, Criminal Division; two district court117nominees, Justice William J. Crain, Eastern District,118Louisiana; Alexander Van Hook, Western District of Louisiana.119Senators Kennedy and Moody will give introductions in a moment.120In the meantime, I'd speak about Mr. Duva.121    He has been a Federal prosecutor for nearly 2 decades in122the U.S. Attorney's Office, Middle District, Florida. He has123extensive experience conducting investigations, prosecuting a124wide array of criminal offenses. These include drug125trafficking, violent crime, public corruption, fraud, and126illegal immigration. Mr. Duva has prosecuted hundreds of cases,127he has tried 22 to verdict, and he has received numerous awards128for his efforts from the U.S. Attorney's Office, as well as129Federal agencies, including Department of Homeland Security,130ICE, IRS, FBI, and Secret Service. Mr. Duva's success in131prosecuting difficult cases certainly commands respect, and his132real-world experience will be an asset to the Criminal133Division.134    Justice Crain has been an attorney for 4 decades, served as135a judge for 15 years across every level of Louisiana State136courts, spent 3 years as trial judge for Louisiana's Second137Judicial District. Then he moved into appeals, serving on138Louisiana's First Circuit Court of Appeals for 6 years. Since1392019, Justice Crain has served as the Supreme Court of140Louisiana. As a jurist, Justice Crain has presided over and141authored hundreds of judicial opinions. With his extensive142experience as a lawyer and judge, he is extremely ``well143qualified'' to serve on the Federal branch.144    Mr. Van Hook is also ``well qualified.'' He clerked for145judges on the U.S. Appeals Court for the Fifth Circuit and on146the U.S. District Court for the Western District of Louisiana.147Since then, Mr. Van Hook spent 25 years as a Federal prosecutor148in the U.S. Attorney's Office, Western District, Louisiana. He149has served as an assistant U.S. attorney, the deputy criminal150chief, and multiple stints as first assistant and acting U.S.151attorney in that office. Mr. Van Hook has extensive courtroom152experience, litigating hundreds of cases, and trying 18 cases153to verdict before a jury. He also clearly has the experience to154make a fine judge.155    We will hear more about our nominees in a moment. I look156forward to hearing from each of them today.157    Before I turn to Senator Durbin, I will ask everyone to158keep their questions to 5 minutes. I will also announce that159after my round of questioning, Senator Kennedy has agreed to160preside over the remainder of the hearing.161    Senator Durbin.162163         OPENING STATEMENT OF HON. RICHARD J. DURBIN,164           A U.S. SENATOR FROM THE STATE OF ILLINOIS165166    Senator Durbin. Thanks, Chairman Grassley.167    Today, we will hear from two judicial nominees and Andrew168Tysen Duva, nominated to be assistant attorney general for the169Criminal Division. Mr. Duva, I appreciate you coming by my170office this week.171    Criminal Division prosecutors handle some of the most172complex and important cases in this country, including public173corruption, child exploitation, and child sexual abuse174material, white collar crime, money laundering, violent crime.175The list is long. This mission used to have bipartisan support,176but the Trump Administration has fired, fired dozens of177prosecutors simply because they prosecuted January 6 rioters,178and he has gutted the key Criminal Division components. I179discussed this with Mr. Duva.180    Look at the Public Integrity Section, also known as PIN,181which is responsible for investigating and prosecuting public182corruption cases. In March 2025, the Justice Department struck183a corrupt bargain to conditionally dismiss charges against New184York City Mayor Eric Adams in exchange for his cooperation with185the Trump Administration on the deportation campaign. In186response, several prosecutors resigned from the Department of187Justice, including the U.S. attorney herself. A staunch188conservative, she clerked for Justice Scalia and was appointed189to her position by President Trump. She quit.190    According to public reporting and credible whistleblowers,191then-Acting Deputy Attorney General Emil Bove, who is now a192circuit judge, convened a meeting where he ordered PIN193prosecutors to sign the motion to dismiss the charges against194Adams or face unspecified consequences. At the end of the Biden195Administration, there were 30 prosecutors in this Section of196Public Integrity. Now, the section has two, two.197    There is a longstanding requirement that prosecution of198public officials be reviewed by PIN career prosecutors to199ensure they are not politically motivated. Attorney General200Bondi has reportedly eliminated this requirement. At the same201time, illegally appointed interim U.S. Attorney Alina Habba is202bragging that she will use her position as interim U.S.203Attorney in New Jersey ``to turn New Jersey red,'' while she204prosecutes a sitting Member of Congress.205    Mr. Duva, in our meeting this week, you told me you found206value in collaborating with PIN attorneys on public corruption207cases you prosecuted, and you had at least one that was208noteworthy in a trial followed nationwide. So I want to hear209from you when the questioning starts how you will rebuild this210section, the Public Integrity Section, and restore its211authority should you be confirmed.212    I have heard the common refrain from Trump Administration213and its supporters that purging DOJ prosecutors will have no214effect on fighting crime. The numbers tell a different story in215the first year of the second Trump Presidency. A recent Reuters216article reported that the number of drug prosecutions under the217Trump Administration has dropped to the lowest level in218decades. The number of money laundering prosecutions has219dropped by 24 percent. Nor are gun crimes exempt. Felon-in-220possession-of-firearm prosecutions have fallen 5 percent this221year.222    I want to hear from Mr. Duva how he is going to reverse223these troubling trends and how he can continue to divert224resources from the Department of Justice to the mass225deportation campaign without facing more statistics like these.226Where are the Justice Department resources going if they are227not going after narcotics and crimes like that? President228Trump's mass deportation campaign.229    This isn't about reducing crime. Despite President Trump's230claims that he is going after the worst of the worst--oh, you231heard the litany: rapists, murderers, terrorists, criminally232insane, sexual predators--it turns out that just days ago, one233of my constituents, Maria Greeley, was detained by ICE agents234despite carrying documentation proving she was an American235citizen. The agents questioned the validity of her passport.236And do you know why? She looked Hispanic, and she had the name237Greeley. Their antennas went up. She must not be who she says238she is. And she said later on, I am a Latina. I am a service239worker. I fit the description of what they are looking for over240and over.241    Let's be clear about what is happening in Chicago.242President Trump is abusing his power by shifting Justice243Department resources away from keeping American families safe244to fuel his mass deportation campaign. He is deploying Federal245law enforcement to zip tie children and tear gas peaceful246protesters and journalists for political theater, not for247public safety.248    We need Justice Department officials who will honor their249oath, and I hope that the three of you, if you have that250opportunity, will do just that.251    Let me close with a point that has been made repeatedly in252this Committee. There are some Members of this Committee who253believe that violence in the public place for elected officials254is inspired by the left. Let me say at the outset, I am opposed255to violence against public officials and others regardless of256whether it comes from the right or the left. And I don't257believe it is simply the province of the left to do these258excessive and unacceptable things.259    Yesterday, Christopher Moynihan was rearrested. Christopher260Moynihan had been prosecuted for breaking into the Capitol on261January 6 and admitted that he rifled through the desk on the262Senate floor of Senator Cruz. What happened was he was traced263by local police to be involved in some threats against the life264of Democratic House leader Hakeem Jeffries. This is what Mr.265Moynihan said. ``I cannot allow this terrorist to continue.266Even if I am hated, Hakeem Jeffries must be eliminated.'' That267was a man who received a full and unconditional pardon by268President Trump earlier this year. He had been arrested for his269activities on January 6.270    The point I am trying to make and want to make clearly,271violence, whatever the source, right or left, should not be272tolerated by anyone on this Committee. And to say it simply273from one side or the other is naive and doesn't reflect the274reality of the world we live in.275    I yield.276    Chairman Grassley. Thank you.277    Before I call on Senator Kennedy and Senator Moody, Senator278Cassidy asked me if I would say that he is unable to be here279this morning because of another hearing in a Committee that he280Chairs, the Health, Education, Labor, and Pension Committee. He281wanted me to communicate that he supports both nominees and282that he wishes them well at their hearing today.283    Senator Kennedy.284285            OPENING STATEMENT OF HON. JOHN KENNEDY,286           A U.S. SENATOR FROM THE STATE OF LOUISIANA287288    Senator Kennedy. Thank you, Mr. Chairman.289    It is my pleasure to introduce Justice Crain and U.S.290Attorney Van Hook. Everybody on this Committee, those here,291those not here, have read their resumes, and any fair-minded292person can look at their resumes and see that they are293eminently qualified. I will start with Justice Crain. He's done294it all, finished LSU Law School, joined, eventually became a295partner at one of the most prominent law firms in our State.296After 20 years, he then was asked by the people to serve on the297district court bench. He did. He was then asked by our people298to serve on the State court of appeal. He did that. And now he299is a member of the Louisiana Supreme Court.300    Mr. Van Hook went to Centenary, LSU Law School, clerked for301a very prominent judge on the Fifth Circuit, clerked for302District Court Judge Stagg, whose seat he will be taking. He303spent his career, his entire career, 25 years in the U.S.304Attorney's Office, handled 600 cases.305    Now, it is impressive--it is no secret that Senators have a306lot to say about who the President nominates to these jobs,307especially on the district court. And I, for one, want to keep308it that way, Mr. Chairman. And I thank you for your courage309with respect to Democrat and Republican Presidents for standing310your ground on the blue slip, which I support unconditionally.311    So it is no secret that we send the names to the White312House. And I've sent names--during the Trump Administration,313I've sent Democrats names to the White House. Now, they didn't314pick them, but I sent them. And I don't really look at politics315that much when I pick Federal judges. I will tell you what I316look at. I look at judgment. First, of course, you want to make317sure that an attorney is qualified. I try to pick lawyers that318everyone in the community will look at and go, well, you know,319I don't know him that well, but man, you know, he is a lawyer's320lawyer. That is the way we have always done it on the Federal321bench and the way we ought to continue doing it. So that is my322initial witness test. But then I look for judgment. And that's323why Bill and I suggested to the President Will and Alex.324    You will notice today that they have coolly unflappable325demeanors. And underneath those coolly unflappable demeanors is326a coolly unflappable demeanor. That's just the way they are.327They've seen it all. They've heard it all. They're fair. Their328just interested in resolving cases. And they're not that329interested in politics. To my knowledge, neither one of them330are interested at all. They keep the simple stuff simple, and331they just try to do what they think is right.332    Now, I am biased because I nominated them. But if you knew333them, Mr. Chairman, and Mr. Ranking Member, and my colleagues,334like I knew them, you would agree with me. And I am just so335honored that they are here today with their families. And I am336looking forward to this hearing.337    Chairman Grassley. Senator Moody.338339            OPENING STATEMENT OF HON. ASHLEY MOODY,340            A U.S. SENATOR FROM THE STATE OF FLORIDA341342    Senator Moody. Thank you so much.343    It is really wonderful to be here this morning. As a former344assistant United States attorney, Federal prosecutor out of345Jacksonville, Florida, myself decades ago, I have the unique346pleasure of today introducing President Trump's nominee to lead347the Department of Justice's Criminal Division, Mr. Tysen Duva.348He is also joined by his family, many I know from way back349when. And it is so good to see you today, and I know he350appreciates your support. These hearings are challenging351sometimes, and they should be, and it is great to know you have352people at your back that you love and that support you.353    It is very good to see my fellow Floridians and great to354see a fellow Floridian nominated for this position. He is355indeed an example of prosecutorial excellence. He earned his356bachelor's degree from the University of North Florida and357graduated with his law degree from my alma mater, the358University of Florida College of Law. Go Gators. I am trying to359see in my first year as a United States Senator how many times360I can say ``Go Gators'' on the record. It is looking good, and361thank you for giving me another opportunity.362    After law school, he spent several years working as an363attorney at private law firms before clerking for a United364States district judge, who I also got to practice in front of365as a prosecutor, Judge Timothy Corrigan. Once that clerkship366ended, he joined the United States Attorney's Office in367Jacksonville where he has served for 18 years since.368    His nomination to lead the Criminal Division at the369Department of Justice is a direct reflection of what Attorney370General Bondi said from the start. DOJ under President Trump371and under her leadership as attorney general is going to return372to its core mission. That is enforcing the laws and protecting373the public. Having a prosecutor with nearly 2 decades of374experience at the helm of DOJ's Criminal Division demonstrates375the Trump Administration's commitment to making America safe376again.377    It has a solemn duty at the end of the day to protect378Americans and their safety so that we can do our job as a379government and protect their rights. It is not a matter of if380an American citizen lives in a red conservative town or a blue381liberal city. Everyone deserves protection and people in382positions that will work every day with diligence to make sure383that they are doing their jobs and enforcing our laws. And that384is why along that vein, as the DOJ returns to its core mission,385they are putting people at the helm that can help them do that.386And that is why it is critical that we have lawyers like Mr.387Duva in positions like this one.388    One of the highest honors in my legal career was when I was389a Federal prosecutor and had the privilege of standing up in390court and saying my name is Ashley Moody, and I represent the391United States of America. I know Mr. Duva said that same thing392and did that proudly and took that responsibility very393seriously, and he will do so again at the helm of DOJ's394Criminal Division.395    From young new USAs to the leader of the Department's396Criminal Division to now the Attorney General of the United397States herself, President Trump is doing a fantastic job of398bringing in patriots who believe in a nation under a rule of399law and are entrusted now with DOJ's awesome powers and400responsibility.401    It is my honor to introduce Mr. Duva, who I know will bring402his decades of experience of protecting others, standing as a403guardian between chaos and order, crime and peace. He will404bring that to the helm of DOJ's Criminal Justice Division, and405I cannot wait to see you get started.406    Chairman Grassley. Thank you, Senator Kennedy and Senator407Moody.408    I would like to administer oath now.409    [Witnesses are sworn in.]410    Chairman Grassley. They have all said affirmative answer to411that. Please sit.412    Now it is our tradition for you to introduce family and413friends and then give your opening statement. I will start with414Mr. Duva.415416 STATEMENT OF A. TYSEN DUVA, NOMINEE TO SERVE AS UNITED STATES417                   ASSISTANT ATTORNEY GENERAL418419    Mr. Duva. Thank you, Chairman Grassley, and thank you,420Senator Moody, for that kind introduction. And thank you,421Ranking Member Durbin, as well.422    It is an honor to sit before the esteemed Senate Judiciary423Committee to answer questions about my nomination as assistant424attorney general, head of the Criminal Division. I never425anticipated that I would have this opportunity, and I am deeply426thankful.427    First, I want to thank my Lord and Savior Jesus Christ.428Everything I have above nothing comes from Him. I have not429always pleased Him. In fact, I have stumbled many times. He has430always forgiven me and welcomed me back.431    I have many people I must thank and recognize, so I432appreciate you bearing with me for just a few minutes.433    I thank President Trump, Chief of Staff Susie Wiles,434Attorney General Pam Bondi, Deputy Attorney General Todd435Blanche, White House Counsel David Warrington, and head of the436Personnel Office Sergio Gor for supporting my nomination.437    Should I be confirmed by the Senate, I will use my438experience as a prosecutor for almost 2 decades to do what I439have always done, use my judgment, follow the rule of law and440do good for the American people.441    I'd like to introduce those in attendance, my wife, Julie;442my brother, Brian. I'm going to talk about them in a moment. My443friend, Charlie Meyer from Oceanside, California; my friends,444Randy Jenkins and Chad King, from Gainesville, Florida. So445we're going coast to coast before the Senate Judiciary446Committee today.447    For over 49 years, I've had the love and guidance of448family, mentors, and friends. To my wife, Julie, I love you449deeply, and I'm deeply thankful for you. During our years450together, you have always handled the great times and the451challenges, especially over the last few years, with your452classic elegance, grace, and iron will. You are the most453impressive person I have ever known and the best prosecutor I454have ever seen. You served the DOJ for 27 years with great455distinction. Many times you tell me, ``I wish I could still do456it.'' I carry that with me daily.457    To our children, they were too busy to be here. They said,458``Dad, you'll be fine, just go it alone.'' To our children,459Emma, Zach, Ty, and Gavin, you are all extremely impressive and460uniquely talented. It is and has been the privilege of my life461to parent you through the highs and lows, keep God as your462guidepost, and never back down from the challenges in front of463you. I'm so proud of each of you.464    To my parents, Tony and Diana Duva, thank you for parenting465me. This is a fortune that sadly so many do not have. Together,466you weathered life's storms and remained focused on your467commitment to raising and guiding Brian and me. I love you468dearly.469    To my brother Brian and sister-in-law Ingrid, thank you for470raising and guiding me. Brian, you were the best older brother471and mentor a younger brother could have. Ever since I could472form memories, I wanted to be you. I still do. That is the kind473of man, brother, and mentor you are.474    And I have some important mentors to thank, and then I'll475wrap up. To my college baseball coach at the University of476North Florida, the legendary Jack Dusty Rhodes, thank you for477taking in a walk-on like me and giving me a chance. You taught478me the difference between winning and losing and how to take a479tough and disciplined approach to baseball and, more480importantly, to life.481    To George E. ``Buddy'' Schulz, when I first met you, I knew482you were truly unique. You were one of the most elite trial483lawyers in the country, and most importantly, you're a great484man. Thank you for guiding me.485    To the Honorable Timothy J. Corrigan and career law clerk486Suzanne Wiseman, you gave me an opportunity as a young lawyer487to serve as a law clerk. It was invaluable. You both embody the488legal principles of the reasonable jurist for all.489    To James R. Klindt, as the United States attorney in the490Middle District of Florida in March 2007, you interviewed me491and gave me the opportunity of a lifetime to become an492assistant United States attorney. When I started in the office493in August 2007, I came into an elite culture of professional494expectation and opportunity for those who earned it.495    To the many law enforcement officers and prosecutors that496I've worked with over the years, thank you for your commitment,497experience, skill, and partnership. As a team, we made great498and impactful cases for the citizens of our country. That is499the calling, and we answered it.500    Senators, I sit before you today for your consideration as501a career public servant in the United States Department of502Justice. I am an experienced Federal prosecutor. I have done503the job the right way. As I said, it is a calling. Throughout504my AUSA career, my prosecution teams represented the United505States while marshaling complex investigations and charging506decisions, litigating in Federal court and trying cases.507    Through the wins and losses, I adhered to the rule of law.508The job of a prosecutor is clear, do the right thing for the509right reasons. If confirmed, I will bring that same approach to510the Criminal Division. I look forward to working with its great511and many public servants, many of whom I have worked with512already. What we public servants have is our prosecutorial513integrity. I will protect it.514    I look forward to answering your questions today, and my515goal is to earn bipartisan support during this advice and516consent phase. Thank you.517518STATEMENT OF HON. WILLIAM J. CRAIN, NOMINEE TO SERVE AS UNITED519  STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA520521    Judge Crain. Thank you, Chairman Grassley, Ranking--got it,522got it, looking for the red light.523    Thank you, Chairman Grassley, Ranking Member Durbin, and524Members of the committee, for holding this hearing and giving525us the opportunity to be here today.526    I want to thank President Trump for this nomination. It is527truly the professional honor of a lifetime to be nominated to528serve my country on the district court--Federal district court.529    I want to thank my hometown--or hometown--our home State530Senators, Senator Cassidy and Senator Kennedy. Thank you,531Senator Kennedy, particularly for the kind remarks that you532made and for the assistance that you've given and support that533you've given throughout this process.534    I want to thank my father, who is not here today but is535watching on TV. My dad was the second youngest judge ever536elected in the State of Louisiana, and he's been a model for me537in every aspect of my life.538    My mother was my greatest defender, and I choose that word539carefully. I never did anything wrong in my mother's eyes. We540lost my mother about a month ago on September the 5th. I will541tell you that there's a feeling with me today--and you would542have to have known her--that she has some hand in my presence543here today. She would be immensely proud, and we miss her very,544very deeply.545    I want to thank my siblings, my sister, my oldest sister,546Sheila; my brother, Wes; and my sister, Emily, for all the547support that they have given me as well.548    I want to thank a couple of people that I practice law549with. My senior partner in the law firm of Jones Fussell where550I practiced for 22 years, Bill Jones. He taught me the--how to551practice law. The attention to details that he taught me is552something that I have used as both a practicing lawyer and as a553judge.554    And two of my closest friends were my law partners, Jeff555Schoen and Wayne Buras, tremendous friends.556    I also want to specifically give attention to two people on557my staff because they have been there--been with me, one for558just about my whole life, Lee Gillespie, who was a law clerk559for me. Lee and I grew up together. We were roommates in560college. I went on to practice law. He finished law school561number three in his class at LSU, joined me as a law partner562for 17 years, and then has served as a law clerk for me at the563court of appeal and at the Supreme Court as my senior law564clerk. He is simply the best, and I appreciate everything that565Lee has done and been there for me.566    I also want to specifically thank and acknowledge Janelle567Baton. Janelle was 16 years old and an intern in our--in the568law office that I've joined when I got out of law school. A569year into my practice, I needed an administrative assistant/570secretary, and I knew the one that I needed, and I hired571Janelle. And she has been the only secretary and administrative572assistant that I've had through my nearly 40 years of573practicing law and being a judge.574    Last, but certainly not by level of importance, I want to575acknowledge my kids and their mother, Cheri. My children are576grown and have successful careers in their own right. William,577my oldest, has given me my two grandchildren, Parker and578Collins; Matthew and Michael, twin boys; and my youngest is579Elizabeth. Nothing that I do in any endeavor, nothing that I do580will I take more pride in than what they do, and I am very581grateful and thankful for them.582    Thank you again, Mr. Chairman, for this opportunity, and I583look forward to answering your questions.584585STATEMENT OF ALEXANDER C. VAN HOOK, NOMINEE TO SERVE AS UNITED586  STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF LOUISIANA587588    Mr. Van Hook. So I would like to thank President Trump for589this nomination and Senator Kennedy and Senator Cassidy for590their support. Senator Kennedy, thank you for your kind591introduction. I'd also like to thank Chairman Grassley and592Ranking Member Durbin for scheduling this hearing today and all593of you for considering my nomination.594    Here today with me are my wife of 20 years, Tricia, our595children, Kate and John. I couldn't be more proud of Kate and596John. They inspire me every day to be a better person. I'll597give all the credit for their good qualities to Tricia. Tricia598is not only my wife of 20 years, my best friend, she's also a599talented lawyer in her own right. She and I both clerked600together for Judge Tom Stagg, and as Senator Kennedy mentioned601that I'll be in his court if I'm fortunate enough to be602confirmed. And he was our mentor, friend, and unparalleled603judicial icon in Louisiana.604    I have some friends here with me today, all of whom I've605known for almost 30 years or over 30 years and one of whom I've606known for over 50 and could not be more grateful for them being607here with me today.608    Watching from home are my mother, Jane, and my stepfather,609Patrick. They have both sacrificed so much for me. They've610given me their unconditional love and support, and I appreciate611all that they've done for me.612    Also watching from home are Tricia's parents. They have613been there for our family and, you know, would give you the614shirt off their back and support us in everything that we do.615    And finally, I'd like to acknowledge the talented men and616women of the United States Attorney's Office for the Western617District of Louisiana. They have helped me develop as a lawyer618and are dedicated public servants who get up every day to serve619the United States. They make our community safer, and they620protect the interests of this great country.621    And thank you so much to all of you for considering my622nomination, and I look forward to answering any questions you623may have.624    Chairman Grassley.625    [Off mic] testimony to us in your opening statement.626    We have 5-minute rounds. After my 5 minutes is up, as I627previously announced, Senator Kennedy is going to Chair this628hearing. I am going to start my questioning with Mr. Duva.629    During your time in the U.S. Attorney's Office, you've630developed impressive trial practice and have personally tried631more than 20 cases to jury verdict. Please tell us how your632experience handling the nuts and bolts of criminal prosecution633has prepared you to lead this Justice Department of Criminal634Division.635    Mr. Duva. Thank you, Chairman Grassley, and thank you for636your time in your office last week. I thought we had a great637discussion.638    I think what you learn 18 years on the line as a line AUSA,639as you progress into more complicated cases, is how to lead640teams. And I did that with FBI, DEA, HSI, and many other641agencies. I intentionally stayed on the line because of the642specialties that I developed and I thought I made the biggest643difference for the American people in the cases that I644prosecuted. And in fact, you always want the next one. When you645finish a great case and you have some in the hopper, you can't646wait to get to the next one. So I felt like doing the nuts-and-647bolts work, as you mentioned Mr. Chairman, is what will prepare648me and has prepared me to lead the trial attorneys and their649immediate supervisors and their supervisors in the Criminal650Division because what we will focus on is doing the best cases651that we can that make the biggest impact for all American652people, regardless of who you are or where you live.653    Chairman Grassley. Justice Crain, you got an award from654Louisiana's largest victim rights organization, Crime Fighters,655Inc. And this is also an issue as Chairman of the Committee656that I have tried to advocate for, victims' rights. Can you657tell us a bit about the role of a judge in protecting victims658of crime? And I congratulate you on your Judge of the Year659Award from the Crime Fighters.660    Judge Crain. Thank you, Mr. Chairman.661    My first role as a judge--and quite frankly, the award,662while I was honored to get the award, obviously, I didn't seek663the award. The first role as a judge is to be fair and664impartial to all the parties that come before the court. But665you can't lose sight--and in Louisiana we have constitutional666provisions that actually protect the rights of victims, so667there are things that many States don't have that we have668expressly done in the law to protect victims. So I was very669proud to get that award, honored to get the award.670    I do feel like at times that victims' voices--and maybe671it's because they are not typically protected. The defendants'672rights are constitutionally protected that come through the673court, and oftentimes, the victims do not get the same674protections. But once again, my job as a judge, my role as a675judge is to be fair and impartial to all parties. And because676of the laws in Louisiana, we're able to give particular677protections to victims.678    Chairman Grassley. Mr. Van Hook, in the USA's Office,679you've litigated hundreds of cases, and I said in my opening680statement, I will repeat, you have tried 18 cases to jury.681You've also served as acting U.S. attorney for the Western682District of your State on three separate occasions. Tell us how683your wide range of prosecutorial experience has prepared you684for the Federal branch.685    Mr. Van Hook. Mr. Chairman, you know, I've been fortunate,686my entire legal career has been in service to the United687States. I started clerking for two fabulous judges, one on the688Fifth Circuit and one in the district court, and I then started689the job of my dreams as being an assistant United States690attorney. And in that job, I've appeared in Federal courts691hundreds and hundreds of times and handled hundreds and692hundreds of cases. And I've seen some judges that have been693absolutely fantastic. And I have watched them treat people694fairly, with dignity and respect, and move their dockets along695in such a way as to provide justice to the parties before them.696And I believe that just that front row seat has given me the697perspective that I would need to be a United States district698judge, if I'm fortunate enough to be confirmed.699    Chairman Grassley. My last question will go to Mr. Duva.700During your career as a Federal prosecutor, you have earned701numerous awards and commendations. You've received honors from702the U.S. Attorney's Office, Department of Homeland Security,703ICE, IRS, FBI, Secret Service. What have you learned from704collaborating across these Federal agencies that you think will705best serve you as the leader of the Criminal Division?706    Mr. Duva. I learned teamwork, Chairman Grassley. And the707more complicated cases, as I mentioned before, as you grow as a708prosecutor, you have to take the right steps at the right time709and work together with the law enforcement agencies. And at710times, I've worked with the Criminal Division, the fraud711section, the public integrity section. And difficult cases are712difficult to make. And I learned patience, strategy, teamwork,713and the proper use of the grand jury to make those cases. But714teamwork is the word that I would use most often.715    Chairman Grassley. Senator Durbin.716    Senator Durbin. Thanks, Chairman Grassley.717    Mr. Duva, it was a pleasure to meet you in my office. I had718never met you before, and you did well. You made, I thought, a719convincing, sincere presentation of your belief that the720responsibility of the U.S. attorney is unique. You acknowledged721the authority of the office and the power of the office to722change lives. You have been involved in a case that drew723national attention on public corruption, and we talked about724that for some period of time.725    The PIN section of the Department of Justice, which is part726of your division if you are confirmed, has been reduced in727number from 30 to 2, and the 2 are literally novice political728appointees. I was heartened to hear you believe that the PIN729plays an important role in making decisions involving730prosecution of public corruption. There is a longstanding731requirement that prosecution of public officials be reviewed by732PIN's career prosecutors to ensure that they are not733politically motivated. Attorney General Bondi has reportedly734eliminated this requirement. When we met, you told me you735thought PIN played an important role in the process. Do you736agree that PIN prosecutors should review the prosecution of737public officials?738    Mr. Duva. Thank you for the question, Ranking Member739Durbin, and I enjoyed our 25 minutes in your office on Monday.740I appreciate your time, and I thought we had a great and honest741discussion.742    To answer your question about PIN, I've worked with PIN in743multiple cases. I tried a case against a former Member of744Congress in 2017 with PIN, and it was a very good partnership.745What I will do if I'm confirmed by the Senate is have a746discussion with the deputy attorney general about repurposing747PIN and figure out how to, if there's a lane, to buildup that748section and make it a more robust section than it is.749    I'm aware of the news. I wasn't involved in any of those750decisions of it going from 30 lawyers to 2 lawyers. I751understand some of those lawyers are detailed in other portions752of the Criminal Division. But I think from my own experience,753which is a specialty of mine, that public corruption754prosecutions have an absolute place both in the U.S. Attorney's755Offices and the Criminal Division, and I will have discussions756with Deputy Attorney General Blanche because I believe the757Criminal Division should have a footprint in those prosecutions758in evaluating cases at the national level.759    Senator Durbin. We have seen reports of the indictments760against former FBI Director James Comey and New York Attorney761General Letitia James. Many of them were hastily brought by762Lindsey Halligan, a Trump loyalist installed as the interim763U.S. attorney when other prosecutors balked or were removed. I764said to my staff how impressive our meeting was, and they said,765what will he do when he gets the Comey call? What will he do as766an 18-year veteran of the U.S. Attorney's Office when a767political figure in this Administration says, this is what I768want you to do, prosecute this person, whether it is a Member769of Congress or someone who wronged the President in years gone770by?771    You said you have done the job the right way for 18 years,772and I have no reason to believe you have not. The question is773whether or not you are going to stand by that when you are774faced with that moment. It could be a call from the White775House. It could be a call from the Department of Justice. It776could be a tweet by the President of the United States777instructing you to prosecute an individual that you know there778is no evidence against.779    So let me ask you, Mr. Duva, what will you do?780    Mr. Duva. I will stand by--when I was sworn in as an AUSA,781I took an oath, and I take it seriously, and I bring it before782this Committee today. Those cases are not being handled by the783Criminal Division. They're being handled by another U.S.784Attorney's Office, the Eastern District of Virginia. I really785don't know much about them other than what I've read about786them, so I cannot comment specifically on those cases, and I've787never met Ms. Halligan.788    But what I can tell you, Senator, and what I told you in789your office, is that I will always do one thing, and that is790apply the facts to the law in any case, whether it's a public791corruption case, a transnational drug case, or anything of that792nature because that's what you're sworn to do, and that is the793only path for a prosecutor. And as I mentioned in my opening794statement, all we have is our integrity, and if I get a call or795a referral, the case will go to a line attorney in the Public796Integrity Section, or whatever section it is, and it will be797worked up properly by properly using the grand jury, and we798will investigate a case and make a charging decision based on799the Justice Manual and the ethics of my office.800    Senator Durbin. Mr. Van Hook, you have been acting U.S.801Attorney in the Western District of Louisiana. I am sure you802are aware of the crime rate in Shreveport, Louisiana. What you803may not know is the latest data shows that Shreveport has a804higher murder rate than the city of Chicago. Is violent crime a805problem in Shreveport?806    Mr. Van Hook. Senator, violent crime is a problem anywhere,807and in any murder--any--having one victim of a murder is one808too many, and as the--being in leadership of the United States809Attorney's Office in Shreveport, I've worked very hard with our810State, local, and Federal law enforcement partners to do our811best to help bring down the crime rate. We've worked with the812district attorney there, the police chief. We've formed a813collaborative partnership. You know, unlike a lot of places in814this world today, we all get along there, and we've all worked815very hard together to try to reduce crime.816    Senator Durbin. Do you think you need the National Guard to817fight crime in Shreveport, Louisiana?818    Mr. Van Hook. I don't think we need them, but I think they819would be welcome. I think that the chief of police would820welcome them. Chief Smith, I believe, would welcome their help,821and I think that whatever resources could be brought to bear to822reduce crime in Shreveport would be helpful.823    Senator Durbin. Thank you, Mr. Chairman.824    Senator Kennedy [presiding]. Senator Durbin, that was a825good, good question, and yes, Shreveport has a crime problem.826Most of our urban areas do. We have suburban crime and rural827crime, but we do have a crime problem in Shreveport. You make a828salient point.829    Senator Britt.830    Senator Britt. Thank you, Mr. Chairman. And thank you to831each of you for being here today. Congratulations on your832nomination, and congratulations to all of your family members833who are here in support of you.834    Mr. Duva, I will start with you. I am concerned by the835attacks on religious institutions and people of faith that we836have seen across our Nation. It seems that there is a rise or837emphasis, whether it is the Annunciation Catholic Church in838Minnesota or the LDS Church in Michigan. These things have been839clearly motivated by religious animus. And when I am looking at840how we respond to this problem, it is my opinion that it will841require engagements from a number of different divisions within842DOJ.843    But once you are confirmed and you are leading the Criminal844Division, you know, how are you going to work to ensure that845people of faith can practice that faith and worship and gather846freely without fear of being targeted for their religious847beliefs? Talk to me about your plan there and how you are going848to work to hold those accountable who are responsible for the849violence or those who are responsible for inciting the850violence.851    Mr. Duva. Thank you for the question, Senator. And I want852to note for the record that I was in your hometown of853Enterprise, Alabama, on October 11 when I took my son, Gavin, a854baseball player to a recruiting trip for Enterprise State855Community College for which he received his first offer. So go856Boll Weevils.857    Senator Britt. Go Boll Weevils. That is outstanding. And858congrats.859    Mr. Duva. To answer your question, Senator--thank you.860    In terms of violence against people of faith or any861institutions, that is a serious matter. We live in a time where862threats and violence, social media, and then carrying those out863are all too familiar, and it is going to be important for the864Violent Crime Section and the Criminal Division to have a865strategy to deal with that.866    We are living with people with their phones, they say867anything, and oftentimes it's vile and disgusting and attacking868to people of faith. And regardless of whether it's the Catholic869Church or any other church or any religion, none of it is870appropriate. I have prosecuted threat cases not against871churches or people of faith but against judges, against872lawmakers, and we will go through and go about those873investigations as we always have. We will identify the threat,874evaluate it based on the existing statutes, and make a875prosecution decision. But violence against our institution, our876churches, our Government, it must stop, and we must beat it877back with appropriate investigations and prosecutions.878    Senator Britt. What about those on our law enforcement879officers like what we have seen happen to so many of our ICE880agents across the country, particularly in Dallas? I think that881that is an example. We want to make sure that doesn't happen882again. Talk to me about your approach there in protecting our883law enforcement officers and then holding those accountable who884incite violence on them.885    Mr. Duva. Yes, Senator. Assault on any law enforcement886officer is improper, and it--regardless of how it's motivated887or where it's motivated, if it's far right, far left, or888whatever we're talking about. And I've prosecuted those cases.889I've prosecuted drug dealers who assault DEA agents when they890go in and execute a search warrant, and those same principles891of those statutes apply in all cases. So that is something that892the U.S. Attorney's Offices take very seriously. Again, I've893done those cases in the Criminal Division as well. Violence894against law enforcement is illegal, and it will be prosecuted895to the fullest extent of the law.896    Senator Britt. Thank you so much.897    Now turning to our two judicial nominees, in the spirit of898our Chairman, who always has the best lines of questioning in899these hearings, I wanted to prepare and, you know, have some900questions that would make him proud.901    So my question to you, Mr. Van Hook, is can you explain how902litigants establish subject matter jurisdiction in Federal903court?904    Mr. Van Hook. Well, a litigant in Federal court in the--on905the civil side would need to file a complaint that would set906forth the cause of action that would be recognizable in the907Federal court.908    Senator Britt. Okay. And tell me, can litigating parties909waive their subject matter jurisdiction?910    Mr. Van Hook. No.911    Senator Britt. All right. Well, Judge Crain, a question for912you. Current State of the Lemon test, can you talk a little bit913about your understanding of the Lemon test and its role914historically that it has played in the Supreme Court915establishment clause jurisprudence?916    Judge Crain. The establishment clause I can talk about.917    Senator Britt. All right. Let's go.918    Judge Crain. I've dealt with. They have a--there's a First919Amendment right, and the Government cannot establish a920religion. That comes in many, many forms. So you've got both an921exercise right and establishment right under that First922Amendment. So we--I mean--excuse me. I've dealt with the923establishment clause in some context, but generally speaking,924the Government cannot establish a religion, and we have the925right to free exercise of our religion under the Constitution.926    Senator Britt. Thank you so much, Judge. I hope I did well,927Mr. Chairman.928    Senator Kennedy. You were awesome. Just vote right. You929done, Katie?930    Senator Britt. Yes, I am.931    Senator Kennedy. Okay. Senator Blumenthal, who used to be932U.S. attorney himself.933    Senator Blumenthal. Thank you, Mr. Chairman. I was a United934States Attorney for 4\1/2\ years in Connecticut.935    And so, Mr. Duva, your nomination has special significance.936I think it ought to have enormous meaning to the entire937Committee and to the Nation because you will have enormous938power over people's lives. And I was impressed by your939statement that essentially your ethic is to do the right thing940for the right reasons. And unfortunately, what we have seen in941recent weeks is prosecutions based on personal animosity or942political considerations of two very prominent individuals,943James Comey and Attorney General Tish James, where career944prosecutors resigned because they thought it was the wrong945thing for the wrong reasons, in fact, based on improper946considerations, instructions from the President contained,947among other places, in a post that he used to issue948instructions. And so I want to probe a little bit on that949question. Would you agree that no one should be prosecuted for950their political beliefs or because they are a personal or951political adversary of the President?952    Mr. Duva. Thank you for the question, Senator Blumenthal. I953can't speak to those cases because I'm not involved.954    Senator Blumenthal. I am asking you in general, and I think955it is a yes or no question.956    Mr. Duva. Yes, Senator. And as I said in my opening957statement, individuals are prosecuted based on the facts and958those facts as applied to the law. And for 18 years as an AUSA,959I wrote a pros memo in every case.960    Senator Blumenthal. I am going to interrupt you with961apologies because I have limited amounts of time.962    Mr. Duva. Yes, sir.963    Senator Blumenthal. I am going to take that as a yes, that964they should be based on the facts and the law, not the965President's personal feelings of animosity or political966opposition.967    Let me just followup because you are going to be in this968position. If you are pressured by someone in the White House,969including the President, to bring criminal charges that you970believe are unsupported by the facts and the law, would you971resign?972    Mr. Duva. We're going to evaluate every case that we973receive, Senator, based on the facts and the law, and we will974have processes. I mentioned a prosecution memorandum that I975will evaluate at the highest level of the Criminal Division,976and I will consult with the deputy attorney general, and my977decision will be based solely on the facts and the law in every978case.979    Senator Blumenthal. And I am asking what you would do if980you are instructed to bring an indictment--to seek an981indictment from a grand jury that you believe is lacking in982facts and legal support? Would you resign? Would you stand up?983Would you be counted? It is not enough to say we will review it984on the process and so forth. Now is your time to tell this985Committee that you will have the backbone to stand on986conscience and conviction.987    Mr. Duva. I don't think I'll be in that position, Senator,988but all I can say is I will do what I've always done based on989the Justice Manual and the ethics of my office is evaluate990cases based on the facts and the law and make decisions. They991will not be based on personal animus. They will not be based on992tweets. They will not be based on anything but the facts and993the law in each case.994    Senator Blumenthal. I am disappointed in that response995because I think it is less than the American people deserve by996way of a commitment to the rule of law. But you did mention the997Justice Manual, and I have a proposal, and I am hoping it will998be supported on a bipartisan basis that would, in effect, among999other things, codify the Justice Manual's prohibitions on1000political considerations in charging decisions and prohibit the1001White House from intervening or interfering in specific1002charging decisions. In addition, it would create a statutory1003right of action for people who are selectively or maliciously1004prosecuted. It would give them rights, much as they have in1005State court. I don't know about Louisiana, but in many State1006courts, there is a cause of action for malicious prosecution,1007and it would enact some key reforms in the grand jury process1008to ensure that the Government isn't abusing its power. Would1009you support those kinds of reforms, Mr. Duva?1010    Mr. Duva. I'd be happy to work with the Office of1011Legislative Affairs and Legal Policy to have those discussions1012with the Committee and also the Senate. And many of those1013protections do exist in the Hyde Amendment, which is a Federal1014statute that addresses malicious prosecutions or prosecutions1015that are not based in fact, in law. So those protections do1016currently exist on the Federal level.1017    Senator Blumenthal. My time has expired, Mr. Chairman. I1018thank you.1019    Senator Kennedy. Thank you, Senator. Senator Blackburn.1020    Senator Blackburn. Thank you, Mr. Chairman, and thank you1021all for being here.1022    Mr. Duva, I do want to come to you. You know, I have got to1023tell you, I find it so curious that my colleagues across the1024dais are so concerned about weaponization, but under Jack1025Smith, they weren't concerned at all. And indeed, some of us1026were targeted by Jack Smith as a special counsel and with1027Arctic Frost. And ending two tiers of justice is something that1028A.G. Bondi has talked about. Having that one tier of justice in1029equal treatment is something that has been discussed. So as1030you're looking at this new role in the Criminal Division, I1031want you to talk for a moment about what you will do to end1032weaponization of our legal system.1033    Mr. Duva. Thank you, Senator Blackburn, and thank you for1034taking time to speak with me yesterday. I really enjoyed our1035meeting.1036    The term weaponization is used quite a bit, and I think as1037a career prosecutor and in the Criminal Division, there are1038litigating components with the trial attorneys that you do what1039we've talked about. And every referral, every matter that's1040brought in by a law enforcement officer, it starts somewhere.1041And to begin a public corruption investigation or a nationwide1042fraud investigation or an international drug trafficking1043investigation, you have to have articulable facts and1044predication. You can't just start it because you feel like it.1045You don't start it based on a person because you don't like1046them. That is weaponization. You start based on the facts. This1047thing we believe, we have these articulable facts, have1048occurred.1049    And then you go to the statutes, and you begin your grand1050jury process with your grand jury subpoenas. And you work your1051way up to probable cause, whether it be a search warrant for1052electronic devices or whatever the case may be, a physical1053location. So there's a process that you go through and that1054I've become an expert in in handling grand jury investigations.1055And there's so much value in that. You learn so much about your1056case from the grand jurors. Every grand jury that I've1057presented before, they have--at the end of it, they have1058thanked me for the scope and the breadth of the investigations1059that I've been involved in.1060    So we're going to do it the tried and true way, Senator.1061    Senator Blackburn. Yes.1062    Mr. Duva. We're going to evaluate the facts and apply those1063facts to the law and make charging decisions.1064    Senator Blackburn. Well, I hope that that will provide some1065solace to my friends across the dais because that is not what1066took place under the Biden Administration. And we saw it time1067and again. And of course, some of us are living it. So thank1068you. Thank you for that approach.1069    I also want to talk about Memphis. Now, we have Memphis1070Safe Task Force that is in place, and I am very grateful to1071Director Patel and A.G. Bondi and President Trump for the way1072they have approached dealing with crime in Memphis. Now, since1073the start of operations with the task force in September, we1074have had nearly 1,200 arrests. They have seized 200 illegal1075guns. Sixty-three missing children have been rescued. And1076you've got gang members that are now off the streets, which is1077great.1078    So one of the things we are focused on now is making1079certain that we get these cases into court. So I would like for1080you to talk a little bit about what you can do to ensure that1081we have rigorous prosecutions in these cases that are coming to1082us out of Memphis.1083    Mr. Duva. Thank you, Senator Blackburn. I've lived that,1084but I've lived it in Florida in our Ocala division. I worked1085with DEA in Gainesville for 10 years, and there was a task1086force down in Ocala named the UDEST, the Unified Drug1087Enforcement Strike Force, so task forces are important because1088oftentimes those State and local officers have excellent1089informants. They have cooperating defendants. And you start1090there to build your multi-defendant cases.1091    And I've always said this. Multi-defendant drug cases solve1092gun violence and homicide problems. They go hand in hand. The1093tools of the drug trade are firearms. So I'm glad to hear that1094there's been great success in Memphis. I look forward to1095working with the Dangerous Drug Section, the Money Laundering1096Section, which I know is going to be put together to partnering1097with districts in Tennessee and throughout the country to1098evaluate and solve those problems. I've done it myself, I've1099seen the results, and the communities are very thankful when1100that occurs.1101    Senator Blackburn. I have one other question, but in the1102interest of time, I will send that to you as a QFR. We talked1103briefly about romance scams and the money that is being taken1104from many of our seniors, about $1.3 billion a year.1105    Thank you, Mr. Chairman.1106    Senator Kennedy. Thank you, Senator. Senator Hirono.1107    Senator Hirono. Thank you, Mr. Chairman.1108    I ask the following two foundational questions of all1109nominees who come before any of the Committees on which I sit1110to gauge fitness to serve. So I will ask the panel, and I will1111start with Mr. Duva and go down the line in your responses.1112    Since you became a legal adult, have you ever made unwanted1113requests for sexual favors or committed any verbal or physical1114harassment or assault of a sexual nature?1115    Mr. Duva. No, Senator.1116    Judge Crain. No, Senator.1117    Mr. Van Hook. No, Senator.1118    Senator Hirono. Have you ever faced discipline or entered1119into a settlement related to this kind of conduct?1120    Mr. Duva. No, Senator Hirono.1121    Judge Crain. No--excuse me. No, Senator.1122    Mr. Van Hook. No, Senator.1123    Senator Hirono. For Mr. Duva, if confirmed, you would1124oversee the Public Integrity Section at the Department of1125Justice. Are you familiar with that section?1126    Mr. Duva. I am, Senator. I've tried cases with the Public1127Integrity Section myself as an AUSA in the Middle District of1128Florida.1129    Senator Hirono. So the Public Integrity Section targets1130corruption. So let me ask you, if an incoming member of the1131Government accepted $50,000 in cash in exchange for future1132government contracts, would that be a possible sign of bribery,1133or I believe you referred to it as public corruption. Yes or1134no?1135    Mr. Duva. Senator Hirono, I'll answer that with any case1136that comes to one of our trial attorneys will be evaluated1137based on the facts and the law. I think you're referring to1138some recent news.1139    Senator Hirono. So would you consider that, accepting1140$50,000--that might raise questions about a bribe. I mean, I1141think it is a bribe, but what do you say to it? Do you think1142that it is an indication?1143    Mr. Duva. It depends on the facts and the law. I know1144you're talking about a specific investigation that has been1145declined by the Attorney General and the FBI. But if you1146repurpose that, it's not just one thing that happens. It is1147basically you have to evaluate and investigate what happens.1148    Senator Hirono. Well, I think that there was no--whatever1149evaluation there was, although we are told by the Attorney1150General there was an evaluation, but we still don't know what1151happened to that money.1152    Let me ask you another question. If a member of Government1153complains that they don't have a nice enough airplane and then1154a foreign government offers to donate an airplane to them,1155would that be also a possible sign of bribery or public1156corruption? Again, yes or no?1157    Mr. Duva. I think you're talking, Senator, about the1158Emoluments Clause. I think it's the first I've heard of that1159clause in the news recently in the last 6 months or so. That is1160not something that the Criminal Division would weigh in on.1161That is an Office of Legal Policy question.1162    Senator Hirono. Well, you can sit there and tell me that it1163is an issue that will go to some other entity, but, you know,1164you are going to be running a department that concerns itself1165with public corruption, so I just want to know. I think the1166American people would like to know whether something like that,1167where a President accepts a plane that is worth some $4001168million, whether that indicates bribery or public corruption.1169    You are not responding, so let me ask you another. If a1170member of the Government wants to build a new government1171building and Big Tech billionaires jump in line to pay for it,1172would that raise concerns about bribery or public corruption?1173    Mr. Duva. Senator, I don't know what specific incident1174you're talking about. I'm not familiar with that----1175    Senator Hirono. Building of a ballroom.1176    Mr. Duva [continuing]. But as I said before----1177    Senator Hirono. The demolition of the East Wing and a1178building of the ballroom, you are aware that that is happening?1179    Mr. Duva. I am aware of that.1180    Senator Hirono. Does that indicate public corruption or1181bribery?1182    Mr. Duva. I don't see how that is. I don't know how that1183came about or the procurement for it or who's involved. That's1184just not something I'm familiar with.1185    Senator Hirono. The President decided that it would be a1186good idea, and companies are jumping in line to try and curry1187favor with him.1188    For Justice Crain----1189    Mr. Duva. And again, Senator, we operate on the facts. I1190don't know the facts of that.1191    Senator Hirono. I am running out of time. Thank you very1192much for your non-answers.1193    For Justice Crain, when you were running for the Louisiana1194Supreme Court in 2019, a news article stated, ``Crain has1195become the favorite choice of Big Oil and other industry and1196statewide business groups, viewed as a sympathetic ear for an1197industry facing pending litigation by coastal parties and1198landowners seeking payment for decades of alleged damage to1199coastal land by oil and gas companies.''1200    Justice Crain, did Chevron, the Louisiana Oil and Gas1201Association, and Koch Industries donate to your campaign?1202    Judge Crain. Senator, I don't know because campaign1203contributions in Louisiana go through a campaign committee that1204we are prohibited from soliciting or participating in.1205    Senator Hirono. Oh, so you don't know who contributes to1206your campaign?1207    Judge Crain. I do not know specifically whether those1208entities----1209    Senator Hirono. So therefore, if entities like this, which1210by the way, they did donate to you, you have no awareness of1211them donating to you so that if matters that relate to them and1212their interests come before you, you wouldn't even know whether1213to recuse yourself? Is that the situation?1214    Judge Crain. Well, that actually is, I think, one of the1215rationales and motivations for the prohibition for us being1216able to solicit or participate in it.1217    Senator Hirono. Well, it is pretty clear that you favor1218these industries, and as a matter of fact, when a case came1219before the Louisiana Supreme Court, you dissented from the1220court's majority to support the oil and gas industries. So1221thank you very much.1222    I have some other questions that I will submit for the1223record, Mr. Chairman.1224    Senator Kennedy. Thank you, Senator. Senator Moody.1225    Senator Moody. Thank you, Mr. Chairman. It is great to be1226here with some great people. Appreciate you and all your1227families showing up here today to support you.1228    This panel, I believe, reflects some of the very best among1229our American legal profession. Mr. Van Hook, you spent over 251230years prosecuting all sorts of cases in the U.S. Attorney's1231Office for the Western District of Louisiana. Justice Crain,1232you served at each level of Louisiana's judiciary from the1233trial court to the court of last resort. And Mr. Duva, you have1234made an entire career out of doing justice, going after the bad1235guys from drug traffickers to fraudsters and corrupt public1236figures. You have gotten up each day, put on the white hat, and1237worked to defend the rule of law in this country.1238    I am an attorney. Attorneys often get bad raps. I think it1239is so important that we remind Americans that there are lawyers1240like you that use their law degree for good and just causes to1241serve their fellow Americans, and we thank you for that. We1242need more like you. Unfortunately, we often see bad examples in1243the legal profession, and I always like to highlight when we1244are seeing remarkable works by remarkable men and women, so1245thank you very much for being here today.1246    I want to start off with Mr. Duva. I have noticed that1247President Trump--and I commend him for this, in leadership and1248many of nominations, and not just within the Department of1249Justice but in other agencies, people are being brought in from1250across America that might not have worked in agencies before.1251They might have been working in the details of what that agency1252is seeking to accomplish in the day-to-day work, but in other1253States, in other ways, certainly that is you. You are being1254plucked from the great free State of Florida and being asked to1255come serve in a leadership capacity here in Washington. I, for1256one, think that is great. It brings fresh eyes, perspective.1257You know, it gets away from someone maybe that was raised in1258the petri dish of the swamp, and it brings in someone to focus1259again on what is the mission of the agency, and how do we1260remain true to that?1261    In that vein, if you are confirmed in this position, you1262will be asked to do a lot of hiring and filling out your ranks1263to complete the goals of that mission. And I would like to hear1264from you--and I know the Committee would--what type of1265attorneys will you be looking for to fill the ranks of your1266division?1267    Mr. Duva. Thank you, Senator Moody. And you and I came into1268the same culture in the Middle District of Florida. We were1269hired by the same U.S. attorney and first assistant. You were1270hired by Paul Perez. I was hired by acting U.S. attorney Jim1271Klindt, who was his first assistant. We both came into an1272office of elite culture and opportunities for those who1273deserved it, wherever you came from. It didn't matter if you1274went to Harvard or you went to Florida Coastal or wherever you1275went. That's the attitude that I'm going to have.1276    And I'm a sports fan, so I sometimes call lawyers players,1277and I don't mean that. I'm looking for great players. I look at1278myself as a general manager trying to find the best possible1279players that I can, and I'm looking for trial lawyers. I'm1280looking for lawyers, men and women, who have been at the1281endgame, tried difficult cases, and know what that feels like1282because it's really, really difficult.1283    Being inside the courtroom gives you an experience like no1284other, and it's not just the basic cases, but as you develop1285into prosecuting the complicated cases because that's what the1286Criminal Division is going to do. I always tell AUSAs that1287you're only as good as your best 10 cases. What are they? If1288they're the same topic, it's probably not great, but if it's a1289diverse topic and you've had multi-week jury trials, you've1290worked with teams of agents, you worked with agencies together,1291State and locals. Your husband was a DEA agent, investigated1292and prosecuted complicated international drug cases. I've done1293that with DEA. I've lived that life, and those are the lawyers1294that I'm going to be looking for, people that get up, they're1295ready to fight, they've tried cases. I want them in1296supervision, and I want them as trial attorneys. And also those1297that are in the appellate section. They've done the appeal1298work, they've been in other parts of the Department of Justice,1299and they're tried and true. That's what I'm looking for.1300    Senator Moody. Thank you, Mr. Duva. And one of my greatest1301concerns, having come into the Senate--obviously, I am one of1302the newest Senators here--is watching the American trust of our1303judiciary erode. We have to have confidence that our judiciary1304is fair and impartial. District courts uniquely interface with1305litigants. Our higher courts, our circuit courts of appeal, the1306U.S. Supreme Court, they are often dealing with briefs and1307attorneys, but you interface and trial courts will interface1308with litigants. How can you use that unique role to shore up1309trust in the judiciary? Either one.1310    Mr. Duva. Where I come from in Jacksonville----1311    Senator Moody. I am sorry, I was directing that to Crain or1312Van Hook.1313    Mr. Duva. Oh, sorry.1314    Senator Moody. I apologize. Although I love your energy and1315enthusiasm, Mr. Duva.1316    Judge Crain. Well, I join you in that, and I think that we1317have to be conscious every day that the strength that we have1318in the judiciary comes from the public's confidence in what we1319do. I'm a firm believer that one of the ways that we do that is1320to fairly and impartially apply the rule of law, that there1321should be some predictability. If you read the law, you ought1322to have some idea of what you're going to be faced with when1323you go into court. I think that's important for public1324confidence.1325    The other is to treat all of your litigants, all of the1326parties with dignity and respect. I think that you have to1327treat them the way you want them to treat you in the1328institution, with dignity and respect. So those would be the1329things that I would say would be important to foster public1330confidence in the judiciary.1331    Senator Kennedy. Thank you, Senator. Senator Whitehouse.1332    Senator Whitehouse. Thank you, Senator Kennedy. Good to be1333with all of you.1334    Mr. Duva, thank you for the time in my office with you. I1335wanted to ask you a couple of questions. We know from personal1336experience about what used to be called the U.S. Attorney's1337Manual and is now called the Justice Manual. Will you adhere to1338and enforce the procedures and processes of the Justice Manual1339as Criminal Division chief?1340    Mr. Duva. Senator Whitehouse, thank you for your time1341yesterday in your office. I really enjoyed our conversation. I1342thought it was open and honest.1343    Yes, I will do that.1344    Senator Whitehouse. There has been a contacts policy in1345force really driven by pressure from this Committee going all1346the way back to when Senator Hatch Chaired it under the Reno1347Department of Justice that limits the people who can talk to1348each other about criminal cases to a very, very few at the top1349of the White House and to a very, very few at the top of the1350Department of Justice.1351    And as we discussed, the obvious reason for that is to1352protect the Department and indeed the White House from junior1353G-men squirrels in the White House or in the Department of1354Justice from cooking up mischief that their seniors, the people1355who are publicly accountable, aren't aware of. And that1356mischief is at its worst and at its most dangerous if it is1357coming through criminal prosecutions that aren't well founded1358and haven't followed proper process and procedure. What is your1359understanding of the current contacts policy of the Department1360of Justice? And will you adhere to that and make sure your1361staff adheres to that?1362    Mr. Duva. Senator, I believe that policy is being evaluated1363by the Attorney General and the deputy attorney general. I1364believe at the beginning of this Administration, there was a1365blanket memo that rescinded prior policies, including the1366contacts policy. I believe that was part of it, but there is1367going to be one forthcoming. I will abide by the policy, and I1368will expand on that. And as cases rise up through the Criminal1369Division for my evaluation, I will be speaking with my1370counterparts at the law enforcement agencies at my level about1371those cases. And if there's any inquiries from the White House1372over to the Criminal Division, I will be following the policy,1373which I'm sure will be along the lines of what you're talking1374about, very few people in the DOJ talking to very few people in1375the White House about specific cases.1376    Senator Whitehouse. Well, I would urge your DOJ handlers1377here to be sure to let the Committee know as quickly as1378possible when that forthcoming thing comes forth because,1379frankly, I don't think this Committee was aware officially1380until now that this was a lapse in many decades of a contacts1381policy. I think the only previous lapse was under Attorney1382General Gonzales, and that did not work out well for him.1383    You mentioned earlier that you have prosecuted--in fact, we1384discussed that you had prosecuted or at least investigated1385cases of threats against judges. As you know, there has been a1386plague of threats against judges. I want to make sure that you1387will commit that you will follow the evidence where it leads,1388which includes potential orchestration of those threats. In1389some cases, it is not enough to simply investigate the1390individual who uttered the threat. In some cases, the evidence1391suggests that somebody is behind a pattern of threats either as1392an enterprise or as a conspiracy or in some other fashion. And1393I have been unable to get any reassurance from the Department1394of Justice that they will investigate orchestration of threats1395where there is predication of that orchestration. Will you?1396    Mr. Duva. You go where the evidence takes you, Senator.1397I've prosecuted cases, threats against judges, as I've1398mentioned before, whether they're solo--excuse me, solo threats1399or otherwise, and you evaluate where the case takes you.1400Threats from any group toward judges, legislators, executives,1401anybody is inappropriate, no matter where the orchestration1402occurs. So you follow the evidence, just like you do in a drug1403case, just like you do in a corruption case. You follow the1404evidence where it leads, and that's exactly what we will do in1405the Criminal Division, not just in those kind of cases, but all1406cases.1407    Senator Whitehouse. Well, my concern is that there is a ban1408somehow on investigating that, that the Marshals Service is1409being discouraged from pursuing those cases that the FBI, to1410which the Marshals Service usually hands off cases, is being1411discouraged. So keep an eye out for that because that would be1412highly improper.1413    Mr. Duva. Yes, sir.1414    Senator Whitehouse. Last, and I hope this is something we1415can work together on, Senator Graham and I support a piece of1416legislation that allows for what you and I would call in rem1417proceedings against assets. And as you and I both know, right1418now under U.S. law, asset seizure up to $500,000 can be1419prosecuted against the asset, in rem, against the thing. And1420that is why we have cases all over the place with weird names1421like United States versus $40,000 from the trunk of a 19791422Chevelle because the asset is the target. Notice goes to the1423world, and anybody can come in and challenge the seizure of1424that asset, but you don't have to go through enormous, enormous1425effort to show ownership. You do it the other way around.1426    Where this really comes to bear is where we are dealing1427with corrupt foreign criminals who have huge assets but have1428spent a lot of time hiding those assets behind all sorts of1429different legal screens. Cypriot bank accounts, Dakota trusts,1430Cayman Islands fake corporations, all of that.1431    So I will ask you, and I will followup with a question for1432the record because I have gone over my time now. I will ask you1433to take a good hard look at whether the work of the Marshals1434Service seizing these very expensive assets would not be1435simplified quite a lot by letting the proceedings be pursued in1436rem and ask for an explanation of why a foreign criminal or1437kleptocrat should have more rights in the U.S. court system for1438a billion-dollar asset than a regular ordinary American does1439with respect to their property up to $500,000.1440    So let's take that under advisement so you have a chance to1441reflect on it. And we would like to pass that bill. We would1442like to get technical assistance from the Department and its1443support for it, and thank you.1444    Mr. Duva. Thank you, Senator.1445    Senator Kennedy. Senator Hawley.1446    Senator Hawley. Thank you, Mr. Chairman. Congratulations to1447the nominees. Thank you for being here.1448    Mr. Duva, if I could just start with you. I have noticed1449that you have been asked a number of questions about1450hypotheticals, about political interference, what would happen1451if so-and-so tried to interfere in an investigation? What would1452happen if you were asked to pursue politically motivated ends?1453What would happen if you were asked to pursue or launch a1454politically motivated investigation?1455    So let me just ask you about a non-hypothetical just to get1456your response, something that actually happened, like, for1457example, the United States Department of Justice seeking to1458track the cell phones of eight members of the U.S. Senate1459without any criminal predicate, without any notice to any1460Senator, multiple of whom sit on this Committee, including1461myself, without any legal process to the Senator targeted1462whatsoever. They tracked all incoming calls to our phones, all1463outgoing calls to our phones, all metadata associated with the1464calls, including location, the duration of the calls. Does this1465sound appropriate to you? Does this sound like appropriate1466behavior for the Department of Justice to be engaged in?1467    Mr. Duva. Senator Hawley, I appreciate the question and I'm1468noticing the panel's asking me a lot. I'm happy to share with1469my colleagues as we keep going in this discussion. But sir,1470what I think you're talking about is issuing a grand jury1471subpoena for cell phone records. And in any investigation, you1472better have, pursuant to the Justice Manual, specific and1473articulable facts about why you're doing that. If you do not1474have that and you cannot articulate those facts under 18 USC14752703, that subpoena does not get served.1476    Senator Hawley. You know, the other thing that is1477interesting about this context, and I appreciate your answer,1478is that the records that they sought to track and trace and1479tap, the devices that they sought are in the possession of1480Senators pursuant to their constitutional duties. 2 USC Section14816628(a) specifically says that those records do not become the1482possession of cell phone companies, they don't become the1483possession of Verizon or AT&T or whomever. They are retained by1484the Senator's office. Why? Because these devices are used1485pursuant to the speech and debate responsibilities of Senators.1486    Yet the Justice Department did not inform Senators, did not1487seek from our offices these records. They went instead, ex1488parte, to the telephone companies, got the records apparently,1489again, with no criminal predicate that we know about, no1490process whatsoever. It is a grotesque violation of statutory1491law and also the separation of powers, particularly the speech1492and debate clause. Here you have an executive branch directly1493spying on members of the legislative branch while they are1494performing their constitutional duties.1495    Let me just ask you, Mr. Duva, does this sound like1496something we want to normalize? I mean, is this something you1497would like to see the current Justice Department doing on a1498regular basis? I mean, should they be tracking the cell phone1499records of everybody down here on the left side of the dais?1500Would that be a good thing for the country?1501    Mr. Duva. Clearly no, Senator.1502    Senator Hawley. Clearly no, clearly no. I can't tell you1503what an outrage I think this is, and so it is just a little bit1504hard for me to stomach sitting here and listening to be asked1505about all of these various hypotheticals. This isn't a1506hypothetical. This happened. It happened, and so far, there1507have been exactly zero repercussions for it.1508    And I just want to say that if my colleagues are serious1509about stopping political weaponization of the Justice1510Department, why don't we start with this right here? Why don't1511we find out who authorized this? Why don't we find out what1512laws, if any, were broken? Why don't we appoint a special1513prosecutor to go after this and get to the bottom of it? And I1514will just reiterate my calls for this Committee to do full1515oversight hearings on exactly what happened as part of this1516weaponization, as part of this, I think, both illegal and1517unconstitutional targeting of United States Senators in their1518constitutional responsibilities.1519    At the same time, the same Justice Department was also1520targeting, we now know, thanks to whistleblowers, 92 separate1521conservative organizations, including Charlie Kirk's Turning1522Point USA, a campus organization. Why? I guess because it was1523conservative.1524    I mean, this is the most unbelievable abuse of the Justice1525Department that I have not only seen in my lifetime, that I1526have ever read or heard about in our country's history because1527it is not one little thing. It is an entire pattern. This is1528the same Justice Department that sent a SWAT team to the home1529of a pro-life demonstrator. This is the same Justice Department1530and FBI that tried to recruit informants into Catholic1531parishes. This is the same Justice Department that targeted the1532chief political opponent of the then sitting President for1533prosecution to try to keep him off of a ballot. I mean, it is1534unbelievable.1535    And I hope that my colleagues agree, I hope we can all1536agree, we cannot allow this to become the norm. And I hope, Mr.1537Duva, if you are confirmed, you will do your part in the1538Criminal Division to make sure that the resources of this1539powerful, powerful agency are used for good to protect the1540American people, protect the rule of law to put violent1541criminals away, not to prosecute the political agendas of some1542politician somewhere.1543    Thanks for being here.1544    Mr. Duva. I will, Senator, thank you.1545    Senator Kennedy. Senator Welch.1546    Senator Welch. Thank you. Thank you very much, Mr.1547Chairman.1548    Senator Kennedy. Could you say that again? Mr. Chairman.1549    Senator Welch. You know----1550    Senator Kennedy. I like that.1551    Senator Welch. You know, I am amazed at how quickly it went1552to your head.1553    [Laughter.]1554    Senator Kennedy. You shouldn't be. You know me well.1555    Senator Welch. Well, that is true, but I wanted to keep it1556on the down low so you could at least maintain the appearance1557of a reasonable person.1558    [Laughter.]1559    Senator Welch. But it is good to have you, Mr. Chairman.1560    Judge Crain, in the State of Louisiana, judges have to run1561for election, which I think has some unfortunate consequences.1562That obviously is not your creation. If you want to be a judge,1563you got to run. But it meant you had to do what we have to do.1564We had, I guess in one of your campaigns, $1.2 million. And I1565know you will get legal contributions, and that will include1566from the oil and gas industry, which does have litigation in1567front of the court.1568    And I know that one of the controversial cases that you had1569to make a decision on involved Chevron and Hess, which the1570dispute was about drilling and operating oil and gas wells on1571the plaintiff's property and that those companies were accused1572of failing to follow State environmental laws for the pits that1573they created, and there was a lot of environmental damage.1574    I am not questioning your decision on that, but I just1575wonder if you could give me your thoughts about the obvious1576question that people would see who are not involved, that this1577could create a conflict of interest. I mean, they would say1578that about us as well, so I am not singling you out. But where1579you are a jurist, you have the responsibility of making a fair1580and impartial decision, yet in order to get elected under the1581law of Louisiana, not your law, you have to raise money, and1582these companies that have litigation before you make1583contributions to your campaign. Do you think it makes sense to1584have judges have to run for election and raise money from the1585people whose cases are going to be brought before them?1586    Judge Crain. Senator, first of all, as you've acknowledged,1587that is the rule that we have in Louisiana. We've been electing1588judges in Louisiana, as far as I know, since its inception. We1589believe in the electoral process. Is it perfect? No. Could some1590people suggest that it creates the appearance of partiality to1591one side or the other? I think that's a fair assessment, that1592it could. Now, I will say----1593    Senator Welch. So do you think it--I am sorry. Go ahead.1594    Judge Crain. I will say that we have tried, or the1595legislature has tried, we at the Supreme Court, with the rules1596that we put in place, have tried to inoculate ourselves as much1597as possible by not--or by being prohibited from soliciting1598contributions. But you get to access----1599    Senator Welch. All right.1600    Judge Crain [continuing]. Our campaign finance reports.1601    Senator Welch. I understand that. It is just a question of1602whether that makes sense. You will be in a different situation.1603    But let me ask you, Mr. Duva. I had a nice visit with you.1604I appreciate that. Foreign Corrupt Practices Act, I am very1605concerned, to be candid, that the Trump Administration seems to1606be taking the position that we really shouldn't enforce it. And1607of course, that is the provision that says our companies can't1608bribe foreign officials in order to get business. And I notice1609that the Criminal Division has recently declined to prosecute1610Liberty Mutual Insurance Company after the company itself1611disclosed that it had paid $1.47 million in bribes to officials1612at State-owned banks in India in exchange for them referring1613banks to the company.1614    In my understanding, the Trump position is that, look,1615everybody does it, that is the way the world works. I disagree1616with that. It may be that a lot of people do it, and it may be1617the way a lot of the world works. But I think one of the things1618we are proud of is that our companies make their case on the1619basis of quality of product, service, and price. What is your1620position on vigorous enforcement of the Foreign Corrupt1621Practices Act?1622    Mr. Duva. Thank you, Senator Welch, for the question, and1623thank you for the visit yesterday. I really enjoyed our1624discussion.1625    I'm aware that there was a stay on FCPA cases based on an1626executive order in February. There's now a Deputy Attorney1627General Blanche memo from June of this year, and it set1628parameters for these cases going forward. I will abide by that.1629The focus will be on transnational criminal organizations where1630bribes are involved and also market manipulation scams.1631    And now the Criminal Division has charged, I believe, eight1632or nine of those cases this year, and just successfully1633concluded a trial under the Foreign Corrupt Practices Act where1634there were guilty verdicts by the Criminal Division in that1635case. And I look forward to abiding by that memo and1636progressing the good work of the men and women in that section.1637    Senator Welch. I thank you. My time is up, but I spent a1638lot of time giving a hard time to the Chairman, so I just have1639one more question.1640    Senator Kennedy. You can have more time.1641    Senator Welch. Just one more question.1642    The Public Integrity Section has been decimated. People1643have been sent from where they were working to other locations.1644It is down from 20--there are only two attorneys and one1645paralegal, and that is in contrast to 36 full-time career1646attorneys and 12 paralegals. I believe that is an incredibly1647important unit within your division. What are you going to do,1648and what is your position about how that has been decimated?1649    Mr. Duva. Thank you, Senator Welch. Ranking Member Durbin1650asked me that question right out of the box, and I've answered1651it a couple other times. I'm happy to answer it here. We're1652going to evaluate that section. I've tried cases with the1653Public Integrity Section. I know they've had very good lawyers1654over the years. I want to evaluate with Deputy Attorney General1655Blanche how that section is going to exist, how we might have a1656nationwide approach because I believe that the Criminal1657Division should have a footprint in nationwide public1658corruption cases. That's something that I did as an AUSA. I1659investigated and prosecuted public corruption cases at the1660national, State, and local level, and I look forward to that1661discussion, and thank you for the question, sir.1662    Senator Welch. Thank you.1663    Senator Kennedy. Senator Lee.1664    Senator Lee. Thank you, Mr. Chairman. Thanks to each of you1665for being here.1666    Mr. Duva, I would like to start with you if that is okay.1667Congratulations on your nomination to be the assistant attorney1668general----1669    Mr. Duva. Thank you, sir.1670    Senator Lee [continuing]. Over the Criminal Division. Your1671experience as an assistant U.S. attorney in the Middle District1672of Florida will serve you well. In that role, you have done a1673number of things, including going after major international1674drug defendants and people who have done our country harm.1675    Over the last few years, we have seen a massive set of1676gains achieved by international drug cartels who had a shocking1677degree of permissiveness shown to them as they trafficked1678millions upon millions of people into the United States,1679illegal immigrants, who also trafficked an unprecedented amount1680of harmful drugs, including enough fentanyl to kill a lot of1681people in this country. How will you work, if confirmed as1682assistant attorney general over the Criminal Division, to help1683dismantle the international cartels and their drug trafficking1684and human trafficking experts? And do you think that is a1685battle we can win?1686    Mr. Duva. Thank you, Senator Lee. I appreciate the1687opportunity to meet with your staff, met with your general1688counsel and your chief of staff. We had a great meeting1689yesterday. That's a great question. I've been doing that for1690much of my career. At the U.S. Attorney's Offices, particularly1691in the Middle District of Florida where I work, you build those1692cases from the mid-level up, and it's a fight that we're always1693going to fight. And I've seen firsthand in cartel-related cases1694and also following the Take Back America memo of Deputy1695Attorney General Blanche, that is going to be a foremost focus1696of the Criminal Division to prosecute--investigate and1697prosecute transnational drug crime.1698    As you mentioned, the drug cartels will do anything for1699money. They'll traffic people, they'll traffic fentanyl. They1700will take money from people operating legitimate businesses in1701their space. They will internationally launder money in any way1702possible. They're very good at it. But that's a fight that1703we're never going to give up. We're going to work hand-in-hand1704with the U.S. Attorney's office, the Dangerous Drug Section,1705the Money Laundering Section, and we are going to investigate1706those cases with vigor.1707    It's something that I did for many, many years, well over a1708decade in the central part of our State. And it's not just1709buying drugs off the corner. It's not doing the simple car1710stops. Those are minor tools in those investigations. You build1711them by your informant base, by your cooperating defendants, by1712charging minimum mandatories, by flipping defendants,1713proffering them, putting them in the grand jury, seeking1714indictments of other individuals. And you do that from where I1715did it in the Ocala Division, in the Jacksonville Division, in1716the Middle District of Florida. You go south to Miami, you go1717north to Atlanta. Those cases take you to the border. And they1718end in Mexico and Colombia and other countries throughout the1719world. I've worked with OIA to extricate defendants from1720Colombia, from Mexico, and that's a fight that we're never1721going to give up because it's critically important.1722    And I've seen that at the other end. I tried a case, one of1723the most difficult cases I tried, a 19-year-old girl in1724Jacksonville who had just graduated from a local high school1725and had enlisted in the United States Army. Before she was1726going to enlist, she had a summer job at a Cracker Barrel1727restaurant. She got in with the wrong crowd. She was dating the1728wrong guy. He and another guy got heroin laced with fentanyl.1729First time drug user, dead. I sat in her parents' house and I1730told her I would bring those to justice. And we didn't just1731make the first case. We made the next level and the next level.1732And we tried the last level of the case. That didn't bring1733their daughter back. But I've seen that at that end, and I've1734seen that at the 100-kilo end, and that's a fight that I'm1735never giving up.1736    Senator Lee. It is a strange market, isn't it, that will1737inject into their product another substance that is even more1738deadly than the product they are selling. Ordinarily, wouldn't1739that be a poor market decision to poison your own customer1740base? And if so why does this happen in this industry?1741    Mr. Duva. The cartels will sell anything Americans and1742other citizens throughout other countries will take.1743Unfortunately, there's a demand for fentanyl. And you see1744numerous overdoses with the same individuals. It creates a1745horrific toll on them and their families and often leads to1746death. And the cartels don't care. They know there's 3651747million Americans. If they kill some, frankly, that's their1748goal in many instances. But they will traffic whatever1749Americans will take. And that's why, as the Department of1750Justice, the Criminal Division, the U.S. Attorney's Offices,1751that has to remain at the forefront of the investigations and1752prosecutions because it's disgusting, it's vile, and it ruins1753people's lives.1754    Senator Lee. A few years ago, I spoke to a man whose1755daughter had passed away under similarly tragic circumstances.1756And I asked him a similar question and asked him, you know, why1757would the dealer not see that book of business dry up after1758that? And the answer was stunning. To the effect that there are1759some dealers almost regard it as a plus, almost a selling1760point. Wow, they have got strong product. Have you seen this1761assumption being made?1762    Mr. Duva. Hundreds of times, sir.1763    Senator Lee. Yes, tragic. Thank you for your willingness to1764serve.1765    Senator Kennedy. Senator Schiff.1766    Senator Schiff. Thank you, Mr. Chairman.1767    Mr. Duva, first of all, thank you for taking the time to1768meet with my staff. I appreciate that.1769    I served in the U.S. Attorney's Office in Los Angeles. I1770was also in the Public Corruption, Government Fraud Section,1771prosecuted corrupt government officials, fraud cases, an1772espionage case against an FBI agent who spied for the Russians.1773In all the time I was in the office--I was in the office for1774about 6 years, so considerably less time than you were. But1775nevertheless, never had any political figure contact me to tell1776me you should bring a case against so-and-so or you should1777refrain from bringing a case against so-and-so, never had that1778experience. And I worked predominantly under Republican1779Attorneys Generals until I think the end of my tenure in the1780U.S. Attorney's. Was that your experience as well? Did you ever1781have a political figure tell you who you should prosecute or1782that you should refrain from prosecuting someone?1783    Mr. Duva. Senator, I enjoyed the meeting with your staff1784yesterday. I see them behind you. We had a great discussion. I1785thank you for that opportunity to be in your office.1786    And the answer to your question is no. Nobody's ever told1787me to prosecute a specific person or not to prosecute a1788specific person.1789    Senator Schiff. And how would you handle a circumstance1790where someone did tell you to prosecute someone or that,1791conversely, you should drop a case against someone for1792political reasons?1793    Mr. Duva. Those who are responsible for my nomination, sir,1794I'm confident that they know my background. I'm confident that1795they know I've never done that and will never do it. And I'm1796confident that they know that I will only follow the facts as1797applied to the law.1798    As I said before to Ranking Member Durbin's question, any1799kind of public corruption investigation--and you know this from1800your 6 years in the U.S. Attorney's Office in the Central1801District of California--there has to be predication. You can't1802just investigate somebody to investigate somebody. There has to1803be specific and articulable facts that predicate an1804investigation. And I've evaluated that even to start an1805investigation and worked hand-in-hand with the FBI when I've1806done my local public corruption cases, my State-based public1807corruption cases, and the nationwide public corruption cases1808that I've investigated. If you don't have it, you don't start1809it.1810    Senator Schiff. You know, Mr.--I heard you make a similar1811response to Senator Durbin in terms of you don't think you will1812be put in that position. And it calls to mind a conversation I1813had with Mr. Blanche prior to his confirmation when I think he1814expressed the same view, I am not going to be put in that1815position. And we have heard that from any number of nominees in1816this Administration. I don't expect I will ever be put in the1817position that you are describing, and yet they almost all have.1818I am grateful for your optimism, but I think it probably is1819only a matter of time before you are put in that position. And1820as my colleagues have indicated, I think the question is how1821will you respond when you are put in that position, not whether1822it will ever come up.1823    So let me ask you this. Ever since Watergate, there has1824been a strong norm, guardrail that has maintained the1825independence of the Justice Department from pressure from the1826White House. This was part of the post-Watergate reforms. And1827it served our country remarkably well in insulating the1828Department from political pressure. Presidents over the course1829of years have set general policies. I want to see more1830prosecution of drug cases, or I want to see more prosecution of1831corruption cases, or I want to see more prosecution of illegal1832immigration cases. But since Watergate and until now, we have1833not seen a White House identify individuals they want1834prosecuted. This goes beyond anything I think we saw during1835Watergate.1836    So let me ask you as a general matter, what is your view of1837the desirability, I think necessity, of maintaining the1838independence of the Justice Department from political pressure1839emanating from the White House?1840    Mr. Duva. Thank you for the question, Senator. I look1841forward to--of course my direct report will be Deputy Attorney1842Blanche, who you mentioned. And I've had multiple interactions1843with him. I believe he's doing a great job, and I look forward1844to working with him to do what we've always done. He was an1845AUSA in the Southern District of New York, just like you, just1846like me. And I really don't believe I'll be put in that1847position. When you look at the components of the Criminal1848Division and what we do, these are nationwide impact cases for1849all Americans. Should I be tasked with evaluating a public1850corruption case like you're talking about, whatever that case1851may be, I can assure you I will do it how I've always done it,1852and that will be based on the facts and the law and the1853independent decisions of the Justice Department to make those1854charging decisions. And that's exactly how I'll operate, sir.1855    Senator Schiff. Well, Mr. Duva, I appreciate what I would1856describe as the triumph of hope over experience in your1857testimony. I hope your experience is commensurate with your1858hope, but I fear it will be otherwise.1859    And I yield back, Mr. Chairman.1860    Senator Kennedy. Senator Cruz.1861    Senator Cruz. Thank you, Mr. Chairman.1862    Gentlemen, congratulations on your nominations.1863    Mr. Duva, you have been nominated to serve as the assistant1864attorney general for the Criminal Division. The Criminal1865Division sits at the heart of the Department of Justice's1866mission to protect the public. Your nomination comes at a1867moment where Americans are looking for one simple thing, to1868keep our cities safe, to keep our families safe because over1869the last 5 years, we have watched a dangerous pattern take hold1870in American cities. From 2020 to 2025, so-called peaceful1871protests left behind more than $2 billion in property damage.1872Blue cities--Minneapolis, Portland, Seattle, Chicago, New York,1873St. Louis, Atlanta, and Los Angeles--in some instances, entire1874downtowns burned, police precincts overrun, and small1875businesses destroyed overnight. Nineteen people were killed1876directly during the Black Lives Matter riots and hundreds more1877died indirectly because ambulances couldn't get through and1878police were overwhelmed.1879    After the October 7, 2023, attack on Israel, anti-Semitic1880mobs took over college campuses, threatening Jewish students,1881seizing buildings, and spreading hate. And it didn't stop1882there. In 2025, coordinated riots once again engulfed Los1883Angeles and Portland before spreading across the country.1884    Mr. Duva, do you believe that these were spontaneous riots,1885or do you believe they were organized and financed?1886    Mr. Duva. Thank you for the question, Senator Cruz. All of1887those incidents you talked about were a real dark mark on our1888history during that time. I watched it on TV. There is no place1889for rioting, burning buildings, assaulting law enforcement1890officers, and there did seem to be coordination behind those. I1891agree with you. In any case that comes across the Criminal1892Division, we will be evaluating that.1893    Again, I answered questions along that lines from Senator1894Britt, whether it's religious violence, violence against law1895enforcement officers, the Jewish community, or what have you.1896We will prosecute those cases to the fullest extent of the law1897and follow the facts where they lead. If they lead to1898coordinated attacks, financing, things of that nature, we will1899evaluate those cases through grand jury investigations and1900prosecute them appropriately.1901    Senator Cruz. Excellent. Federal law right now criminalizes1902rioting under 18 USC Section 2101, the Anti-Riot Act, which1903makes it a Federal offense to travel or use interstate1904facilities to incite, organize, promote, or participate in a1905riot. The Biden Department of Justice refused to enforce that1906law. Will you commit under your leadership the Department of1907Justice will once again enforce Section 2101?1908    Mr. Duva. Yes, Senator. I think the best way to do that is1909you partner with the U.S. Attorney's Offices in those areas.1910You mentioned Portland, Atlanta, some other cities, and that's1911exactly what I intend to do as the head of the Criminal1912Division, to have relationships with the U.S. attorneys in1913those areas to contact them, let them know we don't just want1914to operate on our own. You do that at times. The U.S.1915Attorneys' Offices do it at times, but it's best when you work1916together, and we will do that to prosecute that statute.1917    Senator Cruz. Excellent. Unfortunately, enforcing the Anti-1918Riot Act is not enough to combat the 21st century leftist riots1919that have burned our cities. Like the mafia of old, today's1920agitators are part of a layered enterprise, the foot soldiers1921on the ground and the financiers and masterminds who plan and1922bankroll the operations. The Anti-Riot Act can reach the1923rioters in the street but has difficulty reaching the1924consiglieres and the dons who plan the chaos. That is why1925Congress created RICO, the Racketeer Influence and Corrupt1926Organizations Act, to pierce the veil of coordination and hold1927every level of a criminal network accountable. Mr. Duva, RICO1928was one of the most powerful tools ever enacted and helped1929break the back of organized crime in America. Do you agree that1930that same model would be helpful in fighting today's1931politically funded violence?1932    Mr. Duva. I do, sir. You have to have evidence of the1933enterprise, and then you have to have the predicated crime set1934forth in the RICO statute and also its sister statute, the1935VICAR statute. Those are tools that I'm well familiar with from1936my time as an AUSA. They were used in our Tampa division,1937they've been used in our Jacksonville division, and they are1938appropriate to evaluate in those circumstances.1939    Senator Cruz. Well, and that is precisely the logic behind1940legislation that I have introduced called the Stop FUNDERs Act.1941The Stop FUNDERs Act is simple. It adds rioting as a predicate1942offense under RICO, empowering the prosecutors to follow the1943money, to trace the network, and indict not just the rioter who1944throws the brick but the donor who paid for it and put that1945rioter in that position to carry out that act of violence. It1946would give DOJ the tools to dismantle the financial1947architecture of political violence.1948    In your judgment, would adding rioting to the list of1949predicate offenses under RICO aid in enabling the Department of1950Justice to fight and stop political violence and organized1951violence and rioting across the country?1952    Mr. Duva. We will take all the tools we can get, Senator. I1953look forward to those discussions with the Office of1954Legislative Affairs and Legal Policy.1955    Senator Cruz. Terrific, thank you very much.1956    [Poster is displayed.]1957    Senator Kennedy. Justice Crain, we elect judges in1958Louisiana, do we not?1959    Judge Crain. We do.1960    Senator Kennedy. And we have elected judges--our people1961have decided to elect judges for a long, long, long time,1962haven't they?1963    Judge Crain. As long as I can research, yes.1964    Senator Kennedy. Are you responsible for that system of1965choosing judges?1966    Judge Crain. Not at all.1967    Senator Kennedy. When you run for judge, can you solicit1968campaign contributions?1969    Judge Crain. You cannot.1970    Senator Kennedy. You have run three times.1971    Judge Crain. I have.1972    Senator Kennedy. Have you ever solicited a campaign1973contribution?1974    Judge Crain. I have not.1975    Senator Kennedy. You have to go through a committee, do you1976not?1977    Judge Crain. That's correct.1978    Senator Kennedy. Okay. Now, one of my colleagues, not1979Senator Welch, suggested that you live in the left front pocket1980of the oil and gas industry. Is that true?1981    Judge Crain. That is absolutely not true, Senator.1982    Senator Kennedy. Do you live in anybody's left front1983pocket?1984    Judge Crain. The only pocket I live in is the rule of law,1985Senator, and I think that my record reflects that.1986    Senator Kennedy. That has certainly been my experience. I1987just wanted to clear that up.1988    Judge Crain. Thank you, Senator.1989    Senator Kennedy. Mr. Duva, you've heard the expression1990lawfare, have you not?1991    Mr. Duva. Yes, sir.1992    Senator Kennedy. What does that mean to you?1993    Mr. Duva. Well, I think lawfare gets to the alleged1994weaponization of the Justice Department and things----1995    Senator Kennedy. What does that mean?1996    Mr. Duva. Well, it's a term that's been used quite a bit. I1997think it means that the Justice Department becomes the tool of1998a sitting President or the Congress or whoever to do its1999bidding and that only and not follow the law, not follow the2000facts as applied to the law. What we will do is not do that. We2001will do the converse of that.2002    Senator Kennedy. Why is that dangerous?2003    Mr. Duva. Because it leads to bias. It leads to improper2004prosecution. It leads to messes in courtrooms. There's a reason2005there's a Justice Manual. There's a reason that there is Rule20066(e) on the----2007    Senator Kennedy. I don't want to talk about the manual. I2008want to talk about just basic human decency and common sense.2009    Mr. Duva. It also erodes the faith of the justice system in2010our citizens. That is dangerous because it is based on those2011citizens where the end result--the citizens become jurors, and2012we need jurors to have confidence in the Justice Department and2013the prosecutions that it brings to fairly evaluate cases.2014    Senator Kennedy. Let me put it this way. Our judicial2015branch doesn't have an army, does it?2016    Mr. Duva. It does not.2017    Senator Kennedy. Okay. Our judicial branch at the Federal2018and the State level depends on its legitimacy for enforcement.2019I mean, people have to believe that justice--even though they2020may disagree with the result, people have to believe in the2021integrity of the system, do they not?2022    Mr. Duva. They do because as I mentioned with jurors, if2023they don't and they're selected on a jury, they're not going to2024follow the judge's instructions to evaluate the cases based on2025the facts and the law. So it depends on the citizens to help us2026with the end result. And if that's eroded on the front end,2027it's eroded on the back end.2028    Senator Kennedy. All right. If I am a candidate for2029district attorney and I run for district attorney, saying if2030you elect me, people, I am going to prosecute Joe Blow, a well-2031known political figure. Is that lawfare?2032    Mr. Duva. It is. That's inappropriate.2033    Senator Kennedy. That undermines the integrity of the2034criminal justice system, doesn't it?2035    Mr. Duva. Absolutely.2036    Senator Kennedy. That suggests that justice isn't blind,2037doesn't it?2038    Mr. Duva. It sure does.2039    Senator Kennedy. Now, you know, nobody is blameless here. I2040remember when this nonsense started under President Biden, and2041I remember thinking they have unleashed spirits they cannot2042control. This has got to stop.2043    Now, I am a United States Senator. I am also on the2044Appropriations Committee. I even have influence over your2045budget, don't I?2046    Mr. Duva. You do, sir.2047    Senator Kennedy. And let's suppose I tweet out, I am really2048mad at Joe Blow, and I think the Justice Department ought to2049prosecute him. Do I have the right to do that under the First2050Amendment? I am not asking you whether it is wise. I am asking2051you whether I have the right.2052    Mr. Duva. You do. You can tweet--as long as it's non-2053violent. You can tweet whatever thought you want.2054    Senator Kennedy. You have the right to ignore me, don't2055you?2056    Mr. Duva. Absolutely.2057    Senator Kennedy. All right. Let me ask you about being a2058prosecutor. I have never been a prosecutor. As a prosecutor,2059you have a moral obligation to yourself and to the criminal2060justice system not to bring a criminal prosecution unless you2061think the defendant is guilty. Is that accurate?2062    Mr. Duva. Yes. In the Justice Manual, you have to have the2063reasonable----2064    Senator Kennedy. I don't care about the manual.2065    Mr. Duva [continuing]. Probability of conviction.2066    Senator Kennedy. I am talking about common human decency.2067Is that correct?2068    Mr. Duva. Yes, you have to know you have it.2069    Senator Kennedy. Is that a principle that you agree with?2070    Mr. Duva. 100 percent.2071    Senator Kennedy. Okay. And you not only have to believe2072that the defendant is guilty, you have to believe that you can2073prove it beyond a reasonable doubt, do you not?2074    Mr. Duva. You do. You have to have the facts. Without the2075facts, you have nothing.2076    Senator Kennedy. Okay. Is that a principle that you2077possess?2078    Mr. Duva. I do, and that's how I've operated for 18 years.2079    Senator Kennedy. Okay. And you also have to believe, do you2080not, that the prosecution is in the public interest? Is that2081correct?2082    Mr. Duva. You do.2083    Senator Kennedy. Okay. Now, if one of your superiors came2084to you--well, let me answer the question for you for how I2085would do it. If one of my superiors came to me and said, look,2086you got to prosecute this case, and I looked at it, and either2087I didn't believe that the defendant was guilty, or I didn't2088believe I could prove it beyond a reasonable doubt, or I2089thought it was not in the public interest because it would2090undermine the integrity of the criminal justice system, I would2091resign.2092    Mr. Duva. You would decline the matter.2093    Senator Kennedy. Sir?2094    Mr. Duva. You would decline the matter, for sure.2095    Senator Kennedy. Right. And if they told me--if my superior2096said, look, Kennedy, you know, what planet did you just2097parachute in from? You don't have a choice. I am your boss. I2098am telling you to do it. I would resign. How about you?2099    Mr. Duva. I have no problem doing that. I would first just2100say, we're not doing this case, and here's all the reasons, and2101the discussion could go from there.2102    Senator Kennedy. Okay. And if you were told to do it or2103quit, what would you do?2104    Mr. Duva. I'd quit.2105    Senator Kennedy. Okay. Would you ever advise a client not2106to follow a Federal court order?2107    Mr. Duva. No, sir.2108    Senator Kennedy. I appreciate that. I appreciate you not2109qualifying it. It is okay to disagree with a Federal judge2110ruling, isn't it?2111    Mr. Duva. I often have.2112    Senator Kennedy. Yep. It is okay to appeal it.2113    Mr. Duva. Absolutely. We have an appellate section. It's2114one of the best sections in the Criminal Division.2115    Senator Kennedy. Within the bounds of legal ethics, it is2116okay to criticize it, isn't it?2117    Mr. Duva. Yes, internally.2118    Senator Kennedy. But you got to follow it, don't you?2119    Mr. Duva. You do, absolutely.2120    Senator Kennedy. Because that is called the rule of law,2121isn't it?2122    Mr. Duva. It is, and without that, you have anarchy and no2123confidence in the Justice Department.2124    Senator Kennedy. I appreciate it, and I appreciate the2125frank answers.2126    Mr. Duva. Thank you, sir.2127    Senator Kennedy. All right, gentlemen, this hearing is2128concluded. I got to read this, folks. Thank you to the nominees2129for your testimony today. Written questions for the record may2130be submitted until October 29 at 5 p.m.2131    Justice Crain, how many times has Judge Crain, your dad,2132texted you during this hearing?2133    Judge Crain. Quite a number of texts and phone calls.2134    [Laughter.]2135    Senator Kennedy. I served with Justice Crain's father, just2136one of the best judges I have ever seen.2137    Thank you for your patience today, and thanks to all the2138audience members for sitting through this.2139    This hearing is adjourned.2140    [Whereupon, at 12:15 p.m., the hearing was adjourned.]2141    [Additional material submitted for the record follows.]21422143[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]21442145                            A P P E N D I X21462147The following submissions are available at:21482149  https://www.govinfo.gov/content/pkg/CHRG-119shrg62746/pdf/CHRG-2150    119shrg2151    62746-add1.pdf21522153Submitted by Ranking Member Durbin:21542155 Alliance for Justice (AFJ), Opposition to Crain, statement.......     221562157 Leadership Conference on Civil and Human Rights, Opposition to2158    Crain, statement..............................................     421592160 National Women's Law Center (the ``Law Center''), Opposition to2161    Crain, statement..............................................     621622163 People For the American Way, Opposition to Crain, statement......    1221642165                              [all]