Hearings to examine AI-generated deepfakes.

Senate Subcommittee on Privacy, Technology, and the Law

2025-05-21

Source: Congress.gov

Summary

This hearing focused on the nominations of Stanley Woodward as Associate Attorney General, Elliot Geiser as Assistant Attorney General for the Office of Legal Counsel, Joseph Edlow as Director of U.S. Citizenship and Immigration Services, and John Squires as Director of the U.S. Patent and Trademark Office[ 00:05:14-00:05:52 ] . The session was marked by sharp partisan divides, particularly concerning immigration policy, judicial authority, and the role of the Department of Justice, with Republican senators largely supporting the nominees' commitment to President Trump's agenda, and Democrats raising significant concerns about their independence and legal interpretations.

Themes

Immigration Enforcement and Policy

Senator Grassley opened by highlighting an "unprecedented flood of illegal immigrants," criticizing the previous administration for flouting immigration laws and courts for passively allowing it. He praised President Trump's efforts to enforce immigration laws. Senator Durbin countered, arguing the administration has pushed the immigration system to a "breaking point" by challenging birthright citizenship, making legal immigration harder, and ending protections like DACA and Temporary Protective Status (TPS). He also accused the Department of Justice of diverting law enforcement from violent crime to mass deportation. Senator Moody, introducing Mr. Edlow, emphasized the "critical time" due to open borders and unvetted individuals, stressing the need for strong vetting to protect national security. Mr. Edlow's vision for USCIS includes restoring integrity, serving as an enforcement agency, detecting fraud, and ensuring only deserving individuals become citizens[ 00:28:11-00:28:39 ]

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. He also asserted that mass parole programs are "illegal" and need to be terminated and reviewed for fraud. Concerns were raised by Senator Coons about wasted green cards and TPS terminations for countries like Haiti and Afghanistan, which Mr. Edlow linked to changed conditions and the temporary nature of such programs. Senator Hirono questioned the expedited resettlement of "white Afrikaners," implying preferential treatment, which Mr. Edlow attributed to presidential executive authority.

Judicial Authority and the Rule of Law

A central point of contention was whether public officials can lawfully defy court orders. Senator Durbin pressed all nominees on this, noting previous equivocation from other officials. Mr. Woodward, Mr. Geiser, and Mr. Squires initially stated they would follow Supreme Court orders, while Mr. Edlow deferred to "advice of counsel," avoiding a direct yes or no. Later, Mr. Woodward clarified he "can't imagine a circumstance" where he would advise defying an order, but acknowledged that sometimes officials must risk contempt to challenge orders[ 01:04:14-01:04:15 ]

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. Senators Hawley and Cruz expressed strong concern over the proliferation of "nationwide injunctions" issued by district courts, which they believe subvert presidential authority and the will of the people[ 02:08:51-02:09:19 ]

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. They suggested Congress should use its Article I authority to rein in judicial overreach[ 02:09:57-02:10:02 ]

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. Mr. Geiser, who clerks for esteemed constitutionalists, affirmed that his role would be to provide objective legal advice based on the best reading of the law[ 02:17:53-02:18:19 ]

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Department of Justice Integrity and Function

Senator Durbin heavily criticized the Attorney General for allegedly gutting DOJ programs, attacking the Civil Rights Division, and redirecting resources away from violent crime. Mr. Woodward, as Associate Attorney General nominee, emphasized his commitment to seeking justice for all and eliminating the "weaponization" of the Department of Justice. He recounted personal experiences defending clients in high-profile cases, including those related to January 6th and Walt Nauta, as evidence of his resolve against governmental abuse of power. Senator Hawley pressed Mr. Woodward on the DOJ's stance on the Mifepristone case and the Mark Houck case, framing the latter as religious persecution by the Biden administration. Mr. Woodward agreed that there is "no place for weaponization" and promised to review such cases if confirmed[ 02:04:56-02:04:57 ]

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. He also committed to enforcing President Trump's executive order on Title IX, protecting women's sports from biological men, and signaling that universities not complying would face legal action[ 02:07:37-02:07:49 ]

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Intellectual Property and USPTO

John Squires, nominated for Director of the USPTO, was introduced by Senator Tillis, who lauded his experience and commitment to strong IP rights[ 00:16:27-00:16:42 ]

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[ 00:18:43-00:18:47 ]

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. Mr. Squires highlighted his diverse legal background in patents and trademarks, including efforts against terrorist financing, and advocated for "born-strong patents" to enhance U.S. IP primacy. He emphasized addressing pendency, quality, and uncertainty in the patent system, including utilizing AI tools. Senators Tillis and Coons questioned Mr. Squires on Patent Trial and Appeal Board (PTAB) reform, fee diversion, and the negative impact of Supreme Court decisions (e.g., eBay, Myriad, Alice) on patentability, especially for emerging technologies like AI. Mr. Squires agreed on the need for reform and noted the detrimental effect on U.S. competitiveness[ 01:11:15-01:11:20 ]

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[ 01:14:06-01:14:28 ]

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Tone of the Meeting

The tone of the meeting was largely partisan and contentious, marked by deep ideological divides between the Republican and Democratic senators. Democratic senators often took a skeptical and interrogatory stance, challenging the nominees' independence and perceived alignment with President Trump's more controversial policies. Nominees, particularly Mr. Edlow and Mr. Geiser, often responded with defensive or evasive language when pressed on sensitive legal questions, using phrases like "it depends" or deferring to attorney-client privilege or future advice of counsel[ 01:38:14-01:38:14 ]

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. Conversely, Republican senators were assertive and supportive, defending the Trump administration's agenda and highlighting the nominees' qualifications to implement it. Despite the strong disagreements, the proceedings maintained a formal structure characteristic of a Senate confirmation hearing[ 00:22:32-00:22:47 ]

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Participants

Transcript

Meeting will come to order.  Good morning to everybody.  We are considering the nomination of Stanley Woodward, serving as Associate Attorney General.  Elliot Gazer, serving as Assistant Attorney General, Office of Legal Counsel.  Joseph Edlow,   serve as Director of U.S.  Citizenship and Immigration Services.  John Squires, Director of U.S.  Patent Trade Office, Trademark Office.  I'd like to thank the families who are here and the friends of the nominees.  I'm sure you're all very proud of these nominees.  Over the last several years, we've seen an unprecedented flood of illegal immigrants into the countries.   Millions have poured in.  Some were drawn by the promise of a better life.  Some fled various forms of economic and other hardships.  Some were hardened criminals and gang members, but all decided to break our laws to come here.   Rather than stop this, the previous administration threw open the doors.  In doing so, openly flouted our immigration laws.  The humanitarian parole statute was brazenly violated.  Mandatory removal language and statutes became optional.  Public charge requirements were ignored.  Sanctuary cities were praised as heroic rather than criminal.   And most tragically, actual victims of violence by illegal immigrants were downplayed, ignored, and forgotten.  The courts contributed to this crisis as well and often stood passively by our immigration laws being ignored.
Now that Trump is in office, he's trying to enforce our immigration laws.   carry out his campaign promise to the American people to reverse the flood of illegal immigrants, suddenly the courts have decided to step in.  Democrats encourage this lawless behavior.  The Democratic nominee for vice president called ICE Trump's modern-day Gestapo, practically inviting violence against them.   According to the Department of Homeland Security, ICE officers are now facing a 413% increase in assaults.  I suppose concerns about threats of political violence only goes one way.  I agree with my Democratic colleagues that the rule of law is a cornerstone of our republic, but some of our nation's most important laws are those that protect our borders.   Several nominees before us today will have an important role in faithfully executing these laws and the will of the American people expressed in our most recent national elections.   Turning to nominees, I'd like to start by introducing Mr. Woodward to the committee.  Mr. Woodward received his bachelor's and master's degree with honors for American University and his law degree with honors at Catholic University Columbus School of Law.  After clerking for three different judges in District of Columbia, he joined Aiken Gump,   where he practiced for 10 years.  There he handled a variety of complex litigation matters and government investigations and was awarded his pro bono service.  His practice during this time involved many of the issues he oversees.
Go ahead.
Thank you, Mr. Chairman, and congratulations to the nominees and their families.   Given the challenges which this administration is facing in court, record-breaking numbers of challenges, we can certainly understand why he wants a team on his side in the administration.  Earlier this year, I asked Justice Department nominees a simple question.  May a public official defy a court order?  Shockingly, the nominees, including   the future Solicitor General, John Sauer, refused to give an unequivocal response.  Now, days ago, Mr. Sauer faced the same question, and he repeated this legal dodge before the Supreme Court of the United States.  During arguments in a case challenging the President's illegal birthright citizenship executive order, Justice Barrett, known as a Trump nominee, asked Mr. Sauer if the administration would   would follow circuit court rulings.  Mr. Saar responded that the governor's policy is to, quote, generally, generally respect circuit precedent, but not necessarily in every case.
As our colleague Senator Kennedy said earlier this year, and I quote, don't ever, ever take the position that you're not going to follow the order of a federal court, ever.

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