As week one of President Donald Trump's administration begins, his nomination for U.S. attorney general has ruffled some feathers.
Sen. Jeff Sessions (R-Alabama) is likely to be confirmed by the Senate as the highest prosecutor in the land next week, despite testimonies against him from fellow Sen. Corey Booker (D-New Jersey) and civil rights leader Rep. John Lewis (D-Georgia). Sessions also faced a letter of objection from law professors across the nation.
Over 1,400 faculty members from nearly 200 university law programs across the country signed a letter to the Senate Judiciary Committee, opposing Sessions' nomination due to his controversial record on civil rights.
Two professors from the Sandra Day O’Connor College of Law at ASU signed the letter; Professor David Kader, who specializes in areas such as criminal law and the Constitution and Professor Bijal Shah, who specializes in immigration law, LGBT law and more.
The letter, which was published on Jan. 9, states that it would be “unacceptable for someone with Senator Sessions’ record to lead the Department of Justice.” Sessions was denied federal judgeship in 1986 after making insensitive remarks about African Americans. That same year he was accused of calling the NAACP un-American and communist. Sessions acknowledged the accusations and said he “meant no harm by it,” according to a New York Times report from 1986.
In an email Kader said that the attorney general needs to be a warrior for the values of American democracy, which he doesn’t deem Sessions to be.
“Whatever one might conclude about the record of Sen. Sessions on matters of civil rights and liberties, social justice and criminal justice, immigration, the role of the FBI and so much more — as a senator or in his prior public service — I think it fair to say: he was not and is not a champion of those vital concerns,” Kader said. “I regret to conclude that despite his many personal qualities of merit, attested to by his friends and even many of his critics, I do not see him as such an advocate — so critical at this time."
Shah echoed Kader's remarks and pointed to the letter for additional information.
In the letter, the law professors said, "As law faculty who work every day to better understand the law and teach it to our students, we are convinced that Jeff Sessions will not fairly enforce our nation’s laws and promote justice and equality in the United States.”
Professor Erin Scharff, also of the Sandra Day O'Connor College of Law, said the attorney general position is in charge of prosecuting federal criminal cases, but also has a responsibility to enforce federal laws at a civil level.
"Federal civil rights law, federal housing law, tax cases, anti-trust cases, these — that hopefully as citizens of the United States we care a tremendous amount about — the enforcement decisions all rest with the Department of Justice," Scharff said. "While there is a very large civil service of really brilliant and dedicated DOJ attorneys around the country who do this work, the person who’s at the top is the attorney general."
Professor Donald T. Critchlow, director of the ASU Center for Political Thought and Leadership, said in an email that he supported professor's speaking out on matters that pertain to them, but that their worry may be misplaced.
"Law professors have the absolute right to petition for and against a cabinet appointment, especially regarding any appointment concerning the courts," Critchlow said. "The most important issue, however, should be whether Jeff Sessions understands and will adhere to the U.S. Constitution. In this regard, he appears to be well-qualified."
Critchlow also said critics of Sessions should remember that any decision the U.S. Justice Department makes can be challenged by legal action and congressional oversight.
Reach the reporter at maatenci@asu.edu or follow @mitchellatencio on Twitter.
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