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VIDEO: Hirono Presses Bondi—Trump Nominee for Attorney General—on 2020 Election Results, Independence of DOJ

Sen. Hirono: “I do have questions and concerns about potential conflicts of interest, about whether you will keep DOJ’s law enforcement responsibilities independent of the President's political whims, and about whether you will let facts and evidence guide your decisions.”

~ Video of Sen. Hirono’s question line can be found here ~

WASHINGTON, DC – Today, U.S. Senator Mazie K. Hirono (D-HI), a senior member of the Senate Judiciary Committee, questioned Pam Bondi, President-elect Trump’s nominee to be Attorney General of the United States, at Bondi’s confirmation hearing. During her line of inquiry, Senator Hirono pressed Ms. Bondi on her fitness to serve as Attorney General, including her willingness to put loyalty to the Constitution over loyalty to the President.

“Ms. Bondi, your experience as a prosecutor is the kind of thing we would expect to see in a nominee for Attorney General,” said Senator Hirono. “But I do have questions and concerns about potential conflicts of interest, about whether you will keep DOJ’s law enforcement responsibilities independent of the President's political whims, and about whether you will let facts and evidence guide your decisions.”  

Senator Hirono began with two questions related to sexual misconduct, which she has asked every nominee since 2018. She then asked Ms. Bondi about who she believed won the 2020 presidential election. Ms. Bondi repeatedly refused to state that Joseph Biden won the election.

“I can say that Donald Trump won the 2024 election,” continued Senator Hirono. “I may not like it, but I can say it. You cannot say who won the 2020 presidential election. It is disturbing that you can’t give voice to that fact.”

Senator Hirono also raised her concerns about the Department of Justice’s (DOJ) independence from politics in the upcoming Trump administration. After reciting several outrageous quotes from President-elect Trump regarding undocumented immigrants and the felons who broke into the U.S. Capitol on January 6, 2021, Senator Hirono pressed Ms. Bondi on whether she agreed with those statements. Ms. Bondi refused to agree with or condemn these statements made by President-elect Trump.

“You have an incoming President who said, ‘I have the absolute right to do what I want to do with the Justice Department,’ and, in fact, President-elect Trump considers the DOJ to be his law firm,” said Senator Hirono during the exchange. “I think it is really important to us that the Attorney General be independent of the White House.”

Senator Hirono then asked Ms. Bondi whether she would comply if President-elect Trump asks, suggests, or hints that she—as Attorney General—should investigate his perceived political enemies. When Senator Hirono pressed Ms. Bondi on whether she would prosecute or investigate Jack Smith, Liz Cheney, or Merrick Garland after becoming Attorney General, Ms. Bondi refused to explicitly deny or confirm whether she would comply with President-elect Trump’s request to investigate or prosecute any of the individuals listed.  

The full transcript of Senator Hirono’s exchange with Ms. Bondi is available below. Video of Senator Hirono’s question line can be found here.

Sen. Hirono: As part of my responsibility to ensure the fitness of all nominees I ask the following two initial questions—first, since you became a legal adult have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature?

Ms. Bondi: No, senator.

Sen. Hirono: Have you ever faced discipline or entered into a settlement relating to this kind of conduct?

Ms. Bondi: No, senator.

Sen. Hirono: Ms. Bondi, I am focused on two things in my evaluation of President-elect Trump’s nominees. The first is whether the nominee is qualified and experienced enough to do the job. The second is fitness to serve, which includes putting loyalty to the Constitution over loyalty to the President. Unfortunately in my view, many of President-elect Trump’s nominees are lacking in at least one of these two requirements.

Ms. Bondi, your experience as a prosecutor is the kind of thing we would expect to see in a nominee for Attorney General, but I do have questions and concerns about potential conflicts of interest, about whether you will keep DOJ’s law enforcement responsibilities independent of the President's political whims, and about whether you will let facts and evidence guide your decisions. So, let’s start with the importance of facts, which you say is important.

Ms. Bondi, we want an attorney general who bases decisions on facts. So, I want to ask you a factual question. Who won the 2020 presidential election?

Ms. Bondi: Joe Biden is the President of the United States.

Sen. Hirono: Ms. Bondi, you know there is a difference between acknowledging it and you know, I can say that Donald Trump won the 2024 election. I may not like it, but I can say it. You cannot say who won the 2020 presidential election. It is disturbing that you can’t give voice to that fact.

Moving on to DOJ’s independence from politics, Ms. Bondi if you are confirmed as Attorney General, you will take an oath to the Constitution and not to any individual, including the President. To start, I would like to know whether you agree with some of the statements President-elect Trump made during the election, during the campaign. First, are the felons convicted of breaking into the Capitol on January 6 “hostages” or “patriots,” quoting Trump—as President-elect Trump has said repeatedly? Do you agree with his characterization of the felons that I refer to?

Ms. Bondi: I am not familiar with that statement, senator.

Sen. Hirono: I just familiarized you with that statement, do you agree with that statement?

Ms. Bondi: I’m not familiar with it, senator.

Sen. Hirono: No answer. He has also said, “Illegal immigration is poisoning the blood of our nation.” He said that in December 2023. Do you agree with that statement?

Ms. Bondi: Senator, I'm not familiar with that statement. But what I can tell you is, I went to the border a few months ago. I went to Yuma, Arizona, and what I saw at that border was horrific, senator. It was horrific. I went to a rape crisis center—

Sen. Hirono: Ms. Bondi that is not my question.

Ms. Bondi: If I could finish, I went to a rape crisis center. Well, I am not familiar with the statement, but I went to a rape crisis center. I met with border patrol agents. I'm sure you have been to the border as well. So you can answer that.

Sen. Hirono: I want to get to my next question. So, I believe that you responded to a question from Senator Whitehouse and let me get your response again. You said that the White House, if I'm putting words in your mouth correct me, you said the White House will play no role in investigative or charging decisions in the DOJ. Is that correct?

Ms. Bondi: Senator, what I said is, that it is the Department of Justice's decision to determine what cases will be prosecuted.

Sen. Hirono: What role will the White House have in investigative or prosecutorial decisions of the DOJ?

Ms. Bondi: It is the Department of Justice's decision, senator.

Sen. Hirono: That sounds to me like you are saying that the White House will not have any kind of role. Meanwhile, though, you have an incoming President who said, “I have the absolute right to do what I want to do with the Justice Department.” And, in fact, President-elect Trump considers the DOJ to be his law firm. I ask you this—if President-elect Trump asks, suggests, or hints that you as Attorney General should investigate one of his perceived political enemies, would you do so?

Ms. Bondi: Senator Hirono, I wish you had met with me. Had you met with me, we could have discussed many things and you could have gotten to know me.

Sen. Hirono: I am listening to you now, could you respond to the question?

Ms. Bondi: Yeah, you were the only one who refused to meet with me, senator, but what we would have discussed is that it is the job of the Attorney General to follow the law.

Sen. Hirono: I am very happy to listen to your responses under oath, Ms. Bondi. So, I think it is really important to us that the Attorney General be independent of the White House and you have a President-elect who considers the AG’s office his law firm. I would like to know whether if the President suggests, hints, asks that you as Attorney General should investigate one of his perceived enemies, what would you do?

Ms. Bondi: Senator, I certainly have not heard the President say that, but what I will tell you is that two thirds of Americans have lost faith in the Department of Justice. And it is statements like that, I believe, that make people continue to lose faith. If I am confirmed as Attorney General, it will be my job to not only keep America safe—

Sen. Hirono: Getting to my next question, you are not responding.

Ms. Bondi: —but restore integrity to that department. And that is what I plan on doing every single day.

Sen. Hirono: Why don’t we move on to something you said? On August 25, [2023] on Fox News you said, “When Republicans take back the White House, the Department of Justice, the prosecutors who will be prosecuted, the bad ones, the investigators will be investigated.”

Ms. Bondi, is Jack Smith one of those “bad prosecutors” that you will prosecute as AG?

Ms. Bondi: Senator, you hesitated a bit when I said “the bad ones.” Every decision will be made—

Sen. Hirono: Sometimes badness is in the eyes of the beholder. I am just asking whether you would consider Jack Smith to be one of the people? How about Liz Cheney? How about Merrick Garland?

Ms. Bondi: Senator, I am not going to answer hypotheticals. No one has been pre-judged, nor will anyone be pre-judged if I am confirmed.

Sen. Hirono: I am asking if these are in fact the people you would prosecute.

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