Sessions must demonstrate ability to hold Trump accountable over conflicts of interest

This week, the Senate will hold confirmation hearings for Sen. Jeff Sessions of Alabama, who President-elect Donald Trump has nominated to be Attorney General. Sen. Sessions’ nomination raises many troubling concerns, including his racist rhetoric, his record on civil rights, and his extreme views on immigration, all of which should be thoroughly explored. However, the Senate also has a duty in these hearings to rigorously ask questions about the enforcement of our laws and the need to protect the integrity of our public institutions. As such, the Senate should not miss this opportunity to also raise the issue of Mr. Trump’s conflicts of interest and potential violations of the Constitution.

Donald Trump’s continued refusal to completely disclose, much less divest his assets and place them in a blind trust, means that nearly every official and unofficial action he or his family takes will be tainted with suspicion. We face a situation where—without Mr. Trump addressing his potential conflicts or taking the necessary steps to provide transparency and separate himself from any ethical misconduct—we cannot be certain that American interests are safe from subjugation or subversion. It is, therefore, vital that we make sure the Department of Justice has complete independence in this matter, and is able and willing to be aggressive in rooting-out any such corruption.

{mosads}On Friday, I sent a letter to Judiciary Chairman Charles Grassley, Ranking Member Dianne Feinstein, and the other members of the committee urging them to raise questions regarding Mr. Trump’s conflicts and ascertain how Sen. Sessions, as our country’s top law enforcement officer and head of the Justice Department, intends to address these outstanding concerns and guarantee compliance with the law.  If his responses fail to satisfy these concerns, I hope they will do what is right and reject his nomination.

Ethics experts from both sides of the political aisle agree: without complete disclosure and divestiture, Mr. Trump’s administration will be ethically compromised from the start.  His foreign entanglements alone present a particularly grave danger to the nation, not to mention the potential for Mr. Trump and his associates to use, or appear to use, the presidency for their own personal gain. While he has taken modest steps in recent weeks attempting to resolve certain conflicts, including closing his charitable foundation, these half-measures cannot solve the fundamental conflict posed by his continued ownership interest in his businesses or his children’s management of those businesses.

From the moment he takes the Oath of Office, President-elect Trump will likely be in violation of numerous federal conflict of interest laws, as well as of the emoluments clause of the U.S. Constitution. That is why I believe it is vital that any nominee for attorney general commit to an independent investigation of Mr. Trump’s conflicts, as well as the enforcement of whatever laws are determined to be violated.

Sen. Sessions has recognized the need to eliminate his own financial conflicts of interest, and, reportedly, is taking steps to divest from certain assets. He must, in turn, demand a similar degree of accountability from the President of the United States, who, at minimum, should adhere to similar ethical and transparent standards.

Despite requests from Democrats on both the House Judiciary Committee and the House Oversight and Government Reform Committee to investigate President-elect Trump’s financial conflicts of interest, the House of Representatives has taken no action on this matter. I hope the Senate will take the opportunity presented from these hearings to begin the process of ensuring that Mr. Trump’s finances are transparent and adhere to the highest ethical standards.

The Department of Justice has a long and distinguished history of independence from the president, and adherence to the rule of law. In considering Sen. Sessions’ nomination, the Senate has the unique opportunity to determine if he is truly committed to these values. Unless he makes clear that he will thoroughly and independently investigate Mr. Trump’s conflicts of interest, and commits to pursuing any violations of law that are uncovered, he should be considered unreliable in carrying out his duties and thereby unfit for the office of Attorney General.

Jerrold Nadler, a Democrat, is a senior Member of the House Judiciary Committee and has served in Congress since 1992. He represents New York’s 10th District, which includes parts of Manhattan and Brooklyn.

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