Trump Nominee Flip-Flops When Confronted With Past Comments Condemning 2020 Election Denialism

追加: 2026-05-27

[00:00:00]Thanks Mr. Chairman and thanks to the witnesses.

[00:00:06]Mr. Flowers, thanks to public records, certain emails from your time in the Ohio Attorney General's office are publicly available.

[00:00:16]Those emails make it clear that you knew how, in your words, disgraceful, close quote, the election denialism by President Trump and his allies turned out to be.

[00:00:27]In response to an email from then Missouri Solicitor General John Sauer about joining a brief that Missouri planned to file as part of Texas' challenge to the results of the 2020 election, you emailed the Attorney General of Ohio.

[00:00:43]And here's what you said, "Everyone I've spoken with agrees this suit is a terrible idea and will tarnish the credibility of any office that gets involved, end of quote."

[00:00:55]In another email you wrote, and I quote, "Arizona's Solicitor General was in agreement with me that a new brief would not solve the problem. The danger stems not from Missouri's brief, but rather from the case itself."

[00:01:09]In another email you noted, and I quote, "Missouri, Arkansas, Louisiana, Mississippi, South Carolina, and Utah have now moved to intervene, adopting the allegation in Texas' bill of complaint."

[00:01:23]You added, and I quote, "This is really becoming a disgrace, close quote, in reference to the election denialism lawsuit.

[00:01:33]Do you still believe the lawsuit challenging the results of the 2020 election was a terrible idea?

[00:01:40]Thank you for the chance to address that, uh Ranking Member Durbin. I don't believe I I believe the premise of your question was that I said election denialism was a disgrace. I don't I think I was addressing the particular case and uh what I'll do is point you to the brief that I filed in that case. Um we We that the Supreme Court had a constitutional obligation to hear the case, uh but that pursuant to the independent state legislature theory, which we had advanced in other cases as the state of Ohio, we would not be able to join in because of the particular relief being sought. So, I believe it was the relief being sought to which those emails refer.

[00:02:14]Do you still believe that the attempt to dispute the outcome of the 2020 election was a disgrace?

[00:02:21]Well, again, Senator, I don't believe that's what the emails say. I believe they were referring to the particular relief sought in that case, but I'll refer you to Justice Jackson's comments that it wouldn't be appropriate to weigh in on this as a judicial nominee.

[00:02:35]You don't want to answer?

[00:02:37]My answer is to invoke Justice Jackson's example, follow her lead, and decline to say any more.

[00:02:44]Mr. Schwartz, on your law firm's website, you take credit for persuading the Delaware Supreme Court to reinstate a $50 billion incentive compensation plan for Tesla CEO Elon Musk.

[00:02:58]Do you commit that if you're confirmed, you would recuse yourself from all matters relating to Elon Musk and the pending cases that relate to Doge actions?

[00:03:10]So, Senator, I was one of a member member of a team that worked on that case for Tesla, not for Mr. Musk. But, Senator, I commit to you that I will follow all the recusal requirements under the judicial codes, and I will follow those on a case-by-case basis when it comes to Tesla and Mr. Musk, depending on the nature of the case that might come before me if I am confirmed.

[00:03:33]You are currently serving as President Trump's attorney in two cases on appeal.

[00:03:37]Is that true?

[00:03:39]That's correct, Senator. 34-count conviction in the Stormy Daniels hush-money case and the civil suit that resulted in a $464 million judgment against the president and his business entities for inflate inflating business assets.

[00:03:54]You're the third judicial nominee before this committee who has served as President Trump's personal attorney.

[00:04:01]President Trump has suggested that his judicial appointees shouldn't rule against him, quote, "It's really okay for them to be loyal to the person that appointed them." End of quote.

[00:04:11]It's clear that President Trump expects you as a nominee to be loyal to him from the bench should you be confirmed.

[00:04:17]Why should we trust you under these circumstances and these statements from the president to place the Constitution and your professional obligations ahead of your personal loyalty to the president?

[00:04:30]So, Senator, I'm obviously not going to comment on your quotations of the president, but what I will do is commit to you that if I'm confirmed and take the oath of office to be impartial and to rule without fear or favor, uh that will be an oath that I will take extraordinarily seriously and will not violate if I'm put on the second circuit.

[00:04:48]Will you recuse yourself from all matters in which you previously represented President Trump?

[00:04:53]Uh yes, Senator, I would recuse myself on those matters. Thank you. Thank you, Mr. Chairman. Senator Lee.