'Massive Invasion': Senators Grill Trump Nominee Over DOJ's Ties to Federal Forces in Portland
Senators also pressed Patrick Hovakimian, chief of staff to the deputy attorney general, about how he would handle whistleblower complaints if confirmed as general counsel for the Office of the Director of National Intelligence.
July 22, 2020 at 01:59 PM
5 minute read
President Donald Trump's pick to be the next general counsel for the Office of the Director of National Intelligence was grilled Wednesday over recent Department of Justice actions, including the presence of federal law enforcement in Portland, Oregon.
Patrick Hovakimian, an associate deputy attorney general at the Justice Department and chief of staff to Deputy Attorney General Jeffrey Rosen, was the highest-ranking DOJ official to appear before Congress in recent weeks. Senators pressed him on topics that have implicated the Justice Department, in a preview of the questions Attorney General William Barr is likely to be asked when he appears before the House Judiciary Committee for the first time next week.
Hovakimian would take the seat vacated by former general counsel Jason Klitenic, who last year argued that ODNI did not have to immediately hand over a whistleblower report on Trump's call with Ukrainian President Volodymyr Zelensky, which eventually led to impeachment proceedings against the president. It's a sore spot for lawmakers, who pressed Hovakimian on whether he was involved in DOJ deliberations on the legal reasoning for withholding the report and if he would hand over future reports in accordance with a whistleblower statute.
Hovakimian, in response to questions from ranking member Sen. Mark Warner, said he believed that, generally, whistleblower reports should be forwarded to Congress. He also said he would work "to ensure that whistleblowers are afforded all the legal protections that they're entitled to."
During later questioning by Sen. Kamala Harris, Hovakimian said he wasn't sure if a decision was made to keep the whistleblower report from Congress because the document was eventually handed over to lawmakers.
That exchange raised concerns for Warner, who returned to the topic at the end of the hearing. He asked Hovakimian to tell the committee, in writing, whether he was involved in any deliberations at DOJ over the whistleblower report or if he was aware of those conversations. Hovakimian noted the Justice Department's Office of Legal Counsel authored the legal opinion on not immediately transmitting the report, and he does not work in that office.
Sen. Ron Wyden, who represents Oregon, particularly focused on the federal force in Portland. He asked Hovakimian if he was involved in any decisions at the Justice Department to send officers to the city.
"I will stand firm on the idea that Americans' right to free speech and free assembly under the First Amendment are absolutely sacrosanct," Hovakimian replied. He later said that "peaceful protests is one thing, and violence is another."
Wyden then cut Hovakimian off. "Nobody condones violence. That's not the issue," the Democratic senator said. "The issue is whether that's a smokescreen for a federal takeover of local authority and local law enforcement."
Hovakimian said he takes protecting the constitutional rights of Americans seriously, and that he sent his "best wishes" to Wyden's constituents in Portland. When asked directly if unidentified federal authorities should be able to detain or seize people, the DOJ official said it's "generally a great idea to identify oneself as a federal law enforcement officer," but pointed to ongoing litigation over the use of federal authority in the city.
Wyden accused Hovakimian of ducking his questions about what he called a "massive invasion" and "fascist practices" in Portland. The senator said he would oppose the nomination.
Sen. Martin Heinrich, who represents New Mexico, also said he would be submitting several questions for Hovakimian to answer in writing about future deployments of federal officers after he learned that officers are expected to be sent to Albuquerque. He also asked Hovakimian about whether he believes federal officers should be collecting intelligence on Americans in defending monuments, after Trump recently signed an executive order on protecting memorials.
"Generally speaking, intelligence should not be gathered against Americans who are engaged in activity entirely protected by the First Amendment," Hovakimian replied.
Harris also asked Hovakimian about a number of recent high-profile cases at the Justice Department. He said he was not involved in DOJ's decision to seek a dismissal of the criminal case against former national security adviser Michael Flynn or the firing of former U.S. Attorney for the Southern District of New York Geoffrey Berman. He said he was also not involved in the case against Roger Stone, whose prison sentence Trump commuted earlier this month.
Hovakimian told the senator he advises the attorney general and deputy attorney general "about everything under the sun," and he has "sightlines into a great many of the things" that pass through those offices.
Before working at Main Justice, Hovakimian served as a federal prosecutor in California and worked as an associate at Latham & Watkins.
"The only legal advice I will ever give is that which comports entirely with the Constitution of the United States and the laws of the United States. Even when it results in outcomes or advice that others may not want to hear, I will only ever deliver what I consider to be lawful, objective, clear, and complete advice and counsel," Hovakimian said in his prepared opening statement. "My oath to the Constitution, if I'm confirmed, would require it, and my professional judgment and moral compass demand it."
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