Editor’s note: This piece is part of a series presenting questions for Senators and journalists to ask President-elect Trump’s nominees for senior government positions.
The Senate Judiciary Committee will begin confirmation hearings for Pam Bondi, President-Elect Donald Trump’s pick for Attorney General, on Wednesday. Bondi was attorney general of Florida from 2011 to 2019, the first woman to hold that position. She then joined the American First Policy Institute think tank.
If confirmed as Attorney General leading the U.S. Department of Justice (DOJ), Bondi would wield enormous investigatorial and prosecutorial power, play a key role in a range of national security matters, represent the United States in litigation, and advise the President and heads of executive departments on the law.
We asked leading experts what questions committee members should ask Bondi in her confirmation hearing on Wednesday, January 15 starting at 9:30 a.m. A livestream of the hearing will be available here.
Politicized Investigations and Prosecutions
- Both the President-elect and other nominees, including the nominee to be the Director of the FBI, have publicly stated an intention to investigate and prosecute present and former public officials and others, including members of the press, who have opposed them and their policies. These officials include various members of Congress including Liz Cheney and recently resigned Special Counsel Jack Smith. You yourself have expressed an intention so to act. If confirmed as Attorney General what exactly is it that you intend to do, either of your own volition or if ordered by the President, and who specifically is it that you anticipate would be the targets of such action? (Stuart Gerson)
- You’ve made public statements indicating that you believe that the Department of Justice engaged in a “witch hunt” against Donald Trump, that the “bad” prosecutors will be prosecuted, and that what’s needed is an Attorney General who will take out people who are not honest throughout the Justice Department (Hannity, Fox News, May 27, 2023). If confirmed as Attorney General, how would you go about taking out Department attorneys and FBI agents? (Mary McCord)
- What policies would you put in place and enforce to assure that career prosecutors are not retaliated against — through demotions, transfers, work environment and the like — which serve to encourage them to leave the workforce? What would you do to punish those who take such action? (Andrew Weissmann)
- You have said DOJ should “investigate the investigators” and “prosecute the prosecutors, the bad ones.” Who are you referring to as “the bad ones”? What crimes have they committed? (Barb McQuade)
- What specific evidence have you seen of criminality by federal prosecutors, members of the January 6th House Select Committee, or anyone else referenced in your previous statements such as the need to “investigate the investigators” and “prosecute the prosecutors”? (Andrew Weissmann)
Compliance with Supreme Court Rulings
- The Vice President-elect has stated that if the Executive disagrees with a Supreme Court, he is free to ignore it. Do you support that view? (Stuart Gerson)
Ethics, Conflicts of Interest, Recusal
- How would you deal with evidence of illegal activity within the White House? When would you see it appropriate to appoint a Special Counsel? (Andrew Weissmann)
- It has been reported that you accepted a $25,000 campaign contribution from the Trump Foundation, and, days later, declined to join an investigation into Trump University. Did you consider recusing yourself from that decision in light of the apparent conflict of interest to avoid undermining public confidence in your office’s objectivity? (Barb McQuade)
- As a state AG, you declined to investigate allegations of deceptive practices and fraud involving Trump University. That happened after Trump sent a check via a family foundation for $25,000 to a political action committee associated with you during your run for a second term in office. How was it appropriate for you to accept that donation given the open investigation? (Joyce Vance)
- Attorneys General have an obligation to be above even the appearance of impropriety in their conduct. How does the way you handled the situation in the question above demonstrate an ability to do this? What standards would you invoke at the Department for avoiding even the appearance of impropriety for you and your team? (Joyce Vance)
- You have worked as a lobbyist for the government of Qatar. Will you pledge that, if you are confirmed, you will refrain from lobbying or otherwise acting as an agent of a foreign government after you leave office, in light of the sensitive information you will then possess by virtue of your service as attorney general? (Barb McQuade)
- You were part of Donald Trump’s legal defense team in the first impeachment proceedings. You were in private practice then and Trump was your client. As Attorney General, you are the attorney for the United States, not the attorney for the president or any individual. In August, Donald Trump’s attorneys filed a legal notice that he intended to file suit against the Justice Department and the FBI for over $100 million for alleged malicious prosecution and abuse of process related to the search of Mar-a-Lago. Would you recuse yourself from that litigation and any other litigation that involves Donald Trump in her personal capacity? (Mary McCord)
- An “attorney” is a lawyer who represents a client. If you are confirmed as “Attorney General,” who would you regard as being your client? The President or the American People? (Stuart Gerson)
- You, the nominee for Deputy, and other DOJ confirmation candidates for DOJ senior positions have represented the President-elect personally during the time that he was out of office. Issues related to the matters in which you were the President-elect’s private attorney are likely to arise during the upcoming term. To what extent will you or your colleagues be required to recuse yourselves from such public matters? (Stuart Gerson)
Presidential Immunity and Unlawful Orders
- Now that the Supreme Court has said that the President is immune from criminal prosecution for official conduct, will you pledge to us here that you will refuse to carry out any illegal orders you receive from President Trump? (Barb McQuade)
- If the President ordered you to take an action that you thought was not supportable under the Constitution or an applicable statute, or was otherwise unlawful, what would you do? Can you recite the oath of office that you would swear to if you are confirmed? What does “support and defend the Constitution” mean? Who decides? (Stuart Gerson)
White House Contacts Policy
- Under your leadership, who in the Justice Department would be permitted to communicate directly with the President, the White House Counsel, people on the leadership teams for both, or personal acquaintances? How would these communications be logged and accounted for? (Joyce Vance)
DOJ Prosecution Policies
- Would you keep the current standards for determining when prosecutors may commence a prosecution in place? Do you contemplate making any changes to them? See, 9-27.000 – Principles of Federal Prosecution (Joyce Vance)
- Would you investigate and prosecute foreign election interference? (Andrew Weissmann)
Pardons for Jan. 6, 2021 Attack on Capitol
- The President-elect has stated an intention promptly to pardon convicted and charged individuals who were found by judges and juries to have unlawfully attacked the Capitol with the intention of affecting the results of the 2020 election. While a President has plenary power over the exercise of pardons, the relevant advisor on the subject is the Pardon Attorney, a DOJ functionary who would report to you. How do you expect to act if the President actually does what he claimed he would do, especially as to those convicted of actual violence at the Capitol? (Stuart Gerson)
Domestic Deployment of the Military
- The President has stated an intention to use the military to deal with domestic issues. What is your understanding of posse comitatus and how might it apply? (Stuart Gerson)
Oversight
- As a result of what must have been an interview predicating your nomination, what is your opinion as to what we should expect the President’s role will be with respect to oversight or intervention in the conduct of the Department of Justice? (Stuart Gerson)