Hearings to examine Immigration and Customs Enforcement.

Immigration

2025-11-19

Source: Congress.gov

Summary

This meeting of the Senate Judiciary Committee convened to consider the nominations of Mr. Nicholas Ganji, Mr. Aaron Peterson, and Mr. David Foulkes to federal judgeships [ 00:25:49 ] . The proceedings emphasized the committee's solemn duty to safeguard the federal judiciary's integrity, an institution deemed crucial to the constitutional republic [ 00:26:27 ]

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. Senators and nominees discussed judicial philosophy, nominee qualifications, and contemporary challenges facing the judiciary [ 00:26:45-00:26:53 ]

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Themes

Judicial Philosophy and Role of the Judiciary

The importance of judges who interpret the law as written and respect the separation of powers was a central theme [ 00:27:33 ]

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[ 00:26:45-00:26:53 ]

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. Nominees affirmed that judges should treat all litigants with respect, take cases seriously, and ensure decisions are independent, fair, and just, applying the law to the facts without personal bias . Senator Moody stressed the necessity for judges to remain impartial, rather than aligning with political factions . There was consensus that judicial discretion, particularly in equitable powers like injunctions, must be closely monitored [ 01:32:26-01:32:43 ]

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Nominee Qualifications and Experience

Nicholas Ganji, nominated for the Southern District of Texas, brings nearly two decades of federal law enforcement experience, having prosecuted cartel traffickers, violent offenders, child predators, and human smugglers [ 00:28:12 ]

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. As U.S. Attorney, he led efforts to dismantle criminal organizations and protect children [ 00:28:45-00:28:49 ]

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. He also served as chief counsel for the Senate Judiciary Committee [ 00:29:30 ]

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. Ganji was praised by both supporters and former adversaries for his professionalism, competence, and fidelity to the law [ 01:04:15-01:04:19 ]

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. However, he faced questioning regarding a social media post using a "Pokémon" analogy for ICE operations and his stance on pardons for January 6th offenders who assaulted law enforcement .

Aaron Peterson, nominated for the District of Alaska, served in the U.S. Air Force and has extensive legal experience unique to Alaska [ 00:36:15 ]

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. His background includes work as a law clerk, assistant district attorney prosecuting serious crimes like homicides and sex crimes, and currently as Senior Assistant Attorney General in the Natural Resources section, focusing on federal laws specific to Alaska .

David Foulkes, nominated for the Western District of Arkansas, has a long career as a local and federal prosecutor, including serving as U.S. Attorney for his district . He has been recognized for his integrity and professionalism . Under his leadership, his office prosecuted child abuse and exploitation cases at over three times the national average .

Threats to Judicial Independence and Security

Ranking Member Durbin highlighted increasing personal attacks and threats of violence against judges, citing instances where President Trump and administration officials criticized federal judges . Chief Justice John Roberts' rare statement that impeachment is not appropriate for judicial disagreements was noted . Senator Whitehouse questioned nominees on the criminal liability for threatening a judge, and whether investigations into such threats should extend beyond the immediate utterer if evidence supports it .

Scope of Judicial Power (Nationwide Injunctions)

The discussion included concerns about judges exceeding their constitutional role by issuing sweeping, nationwide injunctions [ 00:27:08 ]

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. Nominees referenced the Supreme Court's CASA case, agreeing that judicial relief should primarily address the parties directly before the court and that nationwide injunctions typically exceed a district court's power [ 01:20:23 ]

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[ 01:30:02 ]

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. They emphasized that the use of equitable powers, including temporary restraining orders (TROs) and injunctions, must be carefully considered under Federal Rule of Civil Procedure 65 and current case law .

Tone of the Meeting

The meeting maintained a formal and respectful tone, typical of judicial nomination hearings [ 00:25:46 ] [ 00:26:08 ] . However, beneath this formality, there was an underlying tension and partisan disagreement, particularly concerning criticisms of the judiciary, the Trump administration's actions and rhetoric towards judges, and the January 6th Capitol attack . Nominees largely adhered to judicial canons by declining to comment on specific political controversies or the actions of other government branches [ 01:47:57-01:48:17 ]

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Participants

Transcript

Good morning.  Senate Judiciary Committee is called to order.  Welcome to everyone.  Today we welcome a panel of three nominees, Mr. Nicholas Ganji, Mr. Aaron Peterson, and Mr. David Foulkes.  I want to thank each of you for your willingness to serve, and I welcome your families who are here in support.  We are participating in a process with a storied history.   Under the Senate's earliest rules, the Judiciary Committee stood as one of the three original committees of the United States Senate.  For more than 150 years, this committee has held nomination hearings, upholding a tradition that reaches far beyond any single nominee.  These proceedings represent the solemn duty entrusted to this committee to safeguard the integrity of the federal judiciary, an institution that remains the backbone of our constitutional republic.   For more than two centuries, our courts have served as a stabilizing force in American life.  They have defended liberty in times of crisis, checked overreach in moments of political passion, and upheld the rule of law when it was least popular to do so.  And today, under President Trump, we are witnessing a welcomed return to that tradition, a return to judges who read the law, who respect the separation of powers,   and to understand that the judiciary is not a political weapon, but rather a constitutional trust.  We need to renew our constitutional heritage.  Even now, some courts continue to stretch beyond their constitutional role, issuing sweeping injunctions, expanding statutes past their text, and inserting ideology into matters reserved for the elected branches.  Through the nomination of rule of law judges,   we are restoring courts to their rightful place, interpreting the law as written, not as wished.  And that return to constitutional value shows the character and caliber of the nominees coming before this committee.
We see men and women who have dedicated their lives to the rule of law, who have prosecuted criminals, defended communities, and shown through years of public service that fidelity to the Constitution   is not an abstract promise, but rather a lived commitment.  Which brings me to introduce the first nominee on today's panel, Nicholas Gange.  Nick is exactly the kind of nominee who reflects the best of this moment.  Nick has spent nearly 20 years on the front lines of federal law enforcement.  He has prosecuted cartel traffickers, violent offenders, predators of children, human smugglers, and corrupt actors who have threatened our communities.   He has tried cases, overseen offices, managed teams, and now as the U.S. Attorney for the Southern District of Texas, he leads one of the busiest, most consequential U.S. Attorney offices in the nation.  His record is enormous in scope and unmistakable in character.  Under his leadership, federal prosecutors in Houston and across South Texas   have dismantled transnational criminal organizations, stopped human trafficking pipelines, taken down large-scale drug rings, and protected children from predation.  He has enforced immigration law faithfully in a district where more than 70% of federal sentencing matters involve immigration offenses.  He has done the work quietly, diligently, professionally that keeps Americans safe.   He has also served this body dutifully and patriotically.  Indeed, Nick's one failing is his choice of for whom to work.  And for three years, Nick was my chief counsel on the Senate Judiciary Committee.  I hope this committee will forgive him that momentary lapse in judgment.  But I can tell you, in that role, I saw firsthand the qualities that define him, exceptional judgment,
deep integrity, respect for the Constitution, and humility in the exercise of public power.  He was a leader on criminal justice issues, on border security, on judicial nominations, and on some of the most complex matters that come before this committee.  I trusted his counsel then, and I trust his character now.  President Trump nominated Nick because he embodies the trait we should demand from every federal judge.   seriousness, independence, commitment to the rule of law, and a lifetime of service and dedication to the American people.  I have every confidence that he will serve the Southern District with honor, and I wholeheartedly support his nomination.  And with that, I recognize Ranking Member Durbin for his opening remarks.
Thank you very much, Senator Cruz, and congratulations to the nominees, their families, and friends who gathered here today.   We have three district court nominees before the committee.  I want to apologize in advance that I have a meeting with the leadership at 1030, so I have to step out.  I hope I can return and personally ask my questions at that time.  I want to raise an issue that doesn't relate exclusively to these nominees, but basically all the members of the judiciary.  The job of a district court judge is not an easy task.  The dockets are busy.  The questions of law are complicated.

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