Bondi’s Non-Answer on the 14th Amendment Speaks Volumes

In her Tuesday confirmation hearing, President-elect Donald Trump’s nominee for Attorney General, Pamela Bondi, had a contentious exchange with Sen. Alex Padilla (D-Calif.) about 2020 election denialism and the 14th Amendment’s guarantee of birthright citizenship. Bondi was evasive and tried to waste time through rambling answers instead of directly answering Padilla’s questions. However, it was her non-answer to the question about the 14th Amendment that spoke loudest.

Padilla asked the following question, “Now when we met yesterday, you did not seem to be familiar with the citizenship clause [of] the 14th Amendment of the United States of America, which was deeply disappointing. And I’m hoping you are more familiar with it today after I gave an opportunity to study it overnight. So can you tell me at this committee what the citizenship clause of the 14th Amendment says?”

This is an extremely straightforward question. Although I wouldn’t expect anyone to be able to recite all of the text of all of the Amendments of the Constitution verbatim from memory, Bondi gave a stonewalling non-answer that was very telling. “Senator, I’m here to answer your questions. I’m not here to do your homework and study for you. If I’m confirmed as Attorney General,” at which point the senator repeated his question and tried to press her for an answer. The only answer that she ended up giving on this topic was a pathetic, “Senator, the 14th Amendment we all know addresses birthright citizenship…. I didn’t take your homework assignment: I’m sorry I was preparing for today.”

Although Bondi’s answer made her sound like a student who is giving a book report on a book they didn’t read, I am certain that she knows exactly what the 14th Amendment says. Padilla, to his credit, did not fall for Bondi’s attempted dodge. He asked point blank, “So now on the 14th Amendment, you’ve testified repeatedly to this committee that you will uphold the laws of this country and defend the Constitution of the United States. Do you believe birthright citizenship is the law of the land and will you defend it regardless of a…child born in the United States, regardless of their parents’ immigration status?”

Again, Bondi’s lack of a direct response tells you everything you need to know. “Senator, I will study birthright citizenship. I would love to meet with you regarding birthright citizenship.” Bondi does not have the courage to own up to the fact that she and the administration that she is applying to work for will put into practice an illegal set of policies designed to contravene the 14th Amendment’s citizenship clause and deny U.S. citizenship to children born in the U.S. to undocumented parents. She does not want to say the text of the 14th Amendment out loud because it’s really quite unambiguous.

For reference, the Citizenship Clause of the 14th Amendment says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Children who are born in the U.S. to undocumented parents are subject to the jurisdiction of U.S. laws. Therefore, they are citizens. It couldn’t be any more straightforward. As I wrote about previously, the conservative legal “theory” that these children are not subject to the jurisdiction of the U.S. and are therefore not citizens is completely ludicrous and incoherent. I also recently wrote about the dystopian nightmare that would be created if Donald Trump is allowed to bring this incoherent theory into practice. With Trump’s inauguration looming next week, it is important that we understand what Bondi’s role would be in the push to end birthright citizenship in the U.S.

As Attorney General, Bondi would be a key player in Trump’s Push to end birthright citizenship and shred the 14th Amendment

There are three key roles Bondi would play as Attorney General in Donald Trump’s plan to destroy the 14th Amendment. First, the Attorney General is the head of the U.S. Department of Justice’s Office of Legal Counsel. The OLC is a critical part of any administration that many Americans may not be aware of. As the OLC’s website says, “The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice…. All executive orders and substantive proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President’s formal approval.” (emphasis added).

As Attorney General, Bondi will be responsible for issuing OLC legal memos and reviewing the legality (or illegality) of Trump’s executive orders. Although OLC legal memos are only advisory in nature, they can have powerful effects. We are still living under the shadow of the 1973 OLC memo that concludes that a sitting President is immune from criminal prosecution. OLC memos create legal cover and justification for agencies to take action. Further, Bondi would be theoretically responsible for signing off on the constitutionality of any Trump executive orders that contravene the 14th Amendment. Her statement that she has to “study” the 14th Amendment is hard to believe because I would not be surprised to find out that they have a legal memo and executive orders already drafted and ready to go that will start the attack on birthright citizenship as soon as Trump takes office. We can assume that behind closed doors, she has already signed off on Trump’s illegal plan to deny citizenship to children of undocumented parents.

Second, the Attorney General sits at the top of the Executive Office for Immigration Review, which is commonly referred to as “Immigration Court.” The EOIR is the arm of the government that carries out removal proceedings, i.e., deportation proceedings. In a previous piece for Common Dreams, I wrote about a nightmare scenario where the federal government would begin to detain and deport people born in the U.S. with undocumented parents. As Attorney General, Bondi would be instrumental in this as her office would be carrying out these proceedings under the flagrantly incorrect notion that these people born in the U.S. are not citizens.

Third, the AG controls the Office of the Solicitor General (OSG). The OSG is the arm of the Executive Branch that will defend Trump’s policies in court against the inevitable legal challenges that they will draw. Of course, as I previously wrote, these policies are intentionally designed to draw legal challenges and make their way to the corrupt U.S. Supreme Court. If the Supreme Court overturns birthright citizenship despite the incredibly clear language of the 14th Amendment, it will be because of the arguments put forward by Bondi’s attorneys who are part of the Office of the Solicitor General and the Department of Justice. If birthright citizenship in the U.S. is erased, it will be because of Pam Bondi.

Bondi’s response that she would have to “study” the 14th Amendment is a lie. She is lying to cover up the fact that she will be a key player in Trump’s plans to shred the 14th Amendment and abrogate his oath of office. Just let that sink in. She is lying at her confirmation hearing because she knows that she will be a major part of the incoming administration’s effort to break the law by ignoring the plain text of the U.S. Constitution. Her nomination should be opposed unanimously, but of course, we cannot count on any Republicans in the Senate to do the right thing, ever. We need to keep a clear moral perspective and never let them forget what they have done if they are successful in confirming Bondi and destroying the 14th Amendment’s guarantee of birthright citizenship in the U.S.