[Pages S1847-S1848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                       Nomination of Aaron Reitz

  Mr. DURBIN. Mr. President, the Senate will soon vote on the 
nomination of Aaron Reitz, President Trump's nominee for Assistant 
Attorney General for the Office of Legal Policy.
  Simply put, Mr. Reitz's nomination is a danger to the rule of law. At 
his confirmation hearing, I asked him a very simple question that 
should be a softball for any nominee seeking Senate confirmation.
  When I asked him whether an elected official should be allowed to 
defy a Federal court order, Mr. Reitz said, ``There is no hard and fast 
rule about whether in every instance a public official is bound by a 
court decision.''
  I was disgusted to hear these words come out of the mouth of a 
nominee aspiring to hold a key role at the Department of Justice.
  Mr. Reitz's failure to unequivocally commit to following Federal 
court orders even prompted my colleague Senator Kennedy to admonish Mr. 
Reitz, ``Don't ever, ever, take the position that you're not going to 
follow the order of a federal court. Ever.''
  I couldn't agree more.
  Despite that sage advice, Mr. Reitz repeated this equivocation in 
answers to written questions, stating that, ``Parties to litigation are 
bound by the lawful holdings of their respective court in most 
circumstances,'' but not all circumstances.
  This administration has continued to undermine our system of checks 
and balances by pushing the boundaries of executive power, and, in 
turn, chipping away at the authority and legitimacy of the judicial 
branch.
  Mr. Reitz has made clear his intent to aid the President in pursuing 
this agenda, regardless of whether it is in accordance with judicial 
orders.
  But that is not my only concern with Aaron Reitz. He has attempted to 
hide his disturbing views on many topics, deleting approximately 4,000 
social media posts. Nothing was off-limits in the posts the Judiciary 
Committee uncovered.
  Reitz has condemned millions of Catholics and Christians who 
supported President Biden, writing that there was, ``no excuse'' for 
their vote.
  He openly opposes the legality of same-sex marriage, calling the 
Obergefell decision, ``anti-const[itutional]'' and a ``low point in 
SCOTUS history.''
  Mr. Reitz also has aligned himself with Matt Walsh, a self-proclaimed 
``theocratic fascist,'' who believes that, ``the LGBT left 
indoctrinates and recruits children.''
  And despite the protections enshrined in the 14th Amendment, Mr. 
Reitz incorrectly wrote, ``Friendly reminder that `birthright 
citizenship' is not a thing.''
  Before Derek Chauvin was convicted of murdering George Floyd and 
despite the video footage of Chauvin kneeling on Mr. Floyd's neck for 
over 9 minutes, Mr. Reitz wrote, ``No question in my mind that Chauvin 
is not guilty.''
  That is simply an offensive statement. Several Republican Members of 
the Senate rightfully spoke out about this horrific crime.
  Even after Chauvin was convicted, Mr. Reitz called the jury's 
decision, ``a bogus guilty verdict.''
  I guess it should come as no surprise that Mr. Reitz's disrespect for 
the finality of court orders is matched by his disrespect for the 
finality of a jury's verdict.
  Mr. Reitz's online commentary demonstrates his penchant for fringe 
policy positions and extreme ideologies.
  His failure to comply with Federal court orders should cause great 
concern for all of us who believe in our constitutional order, built on 
the foundation of three coequal branches of government.
  Failing to unequivocally commit to following Federal court orders 
should be disqualifying for any nominee before this body.
  Mr. Reitz is not fit for a role within the Department of Justice, 
particularly not one in which he will be charged with developing and 
implementing the Department's legal policy initiatives and vetting 
candidates for Federal judgeships.

[[Page S1848]]

  I ask my colleagues to join me in opposing this nomination.