By Spencer Dirrig President Donald Trump has nominated Senator Jeff Sessions, a Republican from Alabama, to serve as the next Attorney General of the United States. With a Republican majority in the Senate, Senator Sessions should have an easy path to confirmation by a simple majority vote. One would assume that a sitting senator with decades of experience may have a relatively smooth path to confirmation. However, as demonstrated through senate confirmation hearings and the vetting of his congressional record, the confirmation of Jeff Sessions has been anything but smooth. As the head of the U.S. Department of Justice, chief law enforcement officer and chief lawyer of the U.S. government, the Attorney General must show a clear dedication to upholding the Constitution and executing the laws of the land without reservation. As such, Jeff Sessions is wholly unqualified to serve in this role. Sessions’s record of activism against legal immigration, torture bans, environmental regulation, the Voting Rights Act, gay rights, and the First Amendment's protection of religion and speech leave him unable to serve adequately as the chief executor of our laws. We must appoint an Attorney General who, though may not be universally agreeable, is at least capable of pursuing the most basic responsibility of this office: protecting the enshrined rights of the American people. Jeff Sessions is not disqualified for the position of Attorney General by lack of experience in the political arena. He served as U.S. Attorney for the Southern District of Alabama and Attorney General of Alabama prior to his 20-year tenure in the Senate. Senator Sessions would face a number of legal obstacles in his tenure as Attorney General, and it is the positions he took while in office as well as his past actions that lead to the conclusion that this man is not only wrong for the job, but a real threat to our the American people’s endowed rights. Immigration Immigration poses one of the most lethal threats to a Sessions Attorney Generalship. Though the Department of Justice and the Attorney General are to enforce the laws against illegal immigration in the United States, it is believed that Senator Sessions would overstep his jurisdiction in this realm. According to The Washington Post, Sessions “also fought legal immigration, including guest worker programs for immigrants in the country illegally and visa programs for foreign workers in science, math and high-tech” during his years in the Senate. In 2007 he also acted to ban federal contractors who hire illegal immigrants from receiving payments. Sessions himself proudly took an adverse position to legal immigration in an op-ed he published in 2015 saying, “Legal immigration is the primary source of low-wage immigration into the United States. What we need now is immigration moderation: slowing the pace of new arrivals so that wages can rise, welfare rolls can shrink and the forces of assimilation can knit us all more closely together.” This blatantly adverse and divisive rhetoric cannot support the belief that Mr. Sessions could, without bias or malice, fairly enforce the legal immigration policies of our nation and encourage our fundamental values of diversity and inclusion. The importance of his anti-immigrant stance cannot be overstated for the hundreds of thousands of young Americans seeking a better life in our country. The Economist explains, “If confirmed by the Senate, he will hold in his hands the fate of the 740,000 migrants who arrived as children and were granted the right to stay and work by Barack Obama under the Deferred Action for Childhood Arrivals scheme (DACA).” It would, in part, be up to the Attorney General to decide when and how to enforce deportation for these innocent young immigrants. Yet, there is little hope for basic empathy from Mr Sessions as he “has several times sought to pass laws abolishing DACA.” Jeff Sessions is not just going to “crack down” on illegal immigration. As Attorney General, he would have the power and ability to deport children, rip apart families and even make it harder for legal immigrants to come and live in our country. That, simply put, is unacceptable. Torture The United States is bound by the Articles of the Geneva Convention on Human Rights. According to the Center on Foreign Relations (CFR), “Article Three of the Geneva Conventions bars torture, cruel, inhumane, and degrading treatment, as well as outrages against the human dignity of prisoners of war, or POWs.” As the CFR explains further, this ban on torture was interpreted by the U.S. Supreme Court in 2006, in its Hamdan decision that “this article does indeed apply to top terror suspects detained in CIA-run prisons as well as at Guantanamo Bay.” As such, it is clear that a violation of these laws and any use of torture by the U.S. would qualify as a war crime. The Attorney General of the United States is ordered to execute the laws of the land in an accurate and judicious manner. As such, Senator Sessions once again has failed to show he is prepared to hold such a post concerning the issue of torture. Senator Sessions has, on multiple occasions, voted against bills banning the use of torture as an “interrogation” technique of the US government. According to the Washington Post, “on foreign policy, Sessions has advocated a get-tough approach, once voting against an amendment banning ‘cruel, inhuman or degrading treatment’ of prisoners.” In an interview with Al.com, Sessions stated: "I believe the CIA and the FBI should be able to use all lawful procedures to interrogate individuals who are committed to the destruction of America.” With a President who, while campaigning for the office, promised to “bring back waterboarding and much worse,” Session’s peculiar complacency with the use of torture is beyond dangerous. The Attorney General, as the chief lawyer and chief law enforcement officer of the U.S., must put the letter of the law above political beliefs. An Attorney General must have the ability and willingness to oppose a President and his administration if they act in a manner that clearly violates the law of the land. Senator Sessions willingness to ignore international and federal law against torture, combined with President Trump’s clear pro-torture stance will create a serious failure in the United States’ system of justice. Voting Rights The Department of Justice holds the responsibility of defending the voting rights of the American people. As such, the Attorney General oversees the ever-changing voting access laws from online registration and early voting to ballot access and voter IDs. Common Cause, a non-partisan and pro-democracy reform organization has announced its opposition to Senator Sessions, explaining that “the DOJ is tasked with enforcing the Voting Rights Act, the most significant voting rights advancement in our nation’s history, which protects Americans from discrimination at the polls.” The Voting Rights Act was especially effective in expanding the access to the ballot for African Americans in states like Mississippi, Texas, Georgia and Alabama (Sessions’ home state). Common Cause believes Sessions would be incredibly detrimental to this legislation, saying, “Sessions has called [the Voting Rights Act] an ‘intrusive piece of legislation’ and applauded the Supreme Court’s decision to gut crucial VRA protections. We can’t trust him to enforce this vitally important voting rights law.” They go as far as to say that, with Jeff Sessions as Attorney General, the Voting Rights Act would be effectively repealed. Questions regarding Sessions’ willingness to protect the African American community’s voting rights are not one-dimensional. There is serious concern that Jeff Sessions, pursuant to his previous statements and actions, is biased against minority communities. In fact, in 1986, the Senate rejected Session’s appointment to a federal judgeship due to his racist remarks and attitude. According to the Washington Post, at the time, “his former colleagues testified Sessions used the n-word and joked about the Ku Klux Klan, saying he thought they were ‘okay, until he learned that they smoked marijuana.’” In addition, “the Southern Poverty Law Center's Heidi Beirich, who tracks hate speech, said Sessions is guilty of it, and that his mere presence in Trump's inner circle is ‘a tragedy for American politics’” (Washington Post). It’s not only his words that are troubling, but also actions while in a position of power. Common Cause reports that “as a U.S. Attorney in Alabama, he prosecuted three civil rights activists organizing voter registration drives in a mostly Black county on frivolous allegations of voter fraud that were quickly thrown out by a jury. Today, he still supports policies like strict voter ID that make it hard for Americans to have a voice in our democracy.” In this one of many examples, it is clear that Session used his powers as a U.S. Attorney to advance his own personal racist biases. This rationalizes the belief that Senator Sessions is incapable of fairly and objectively enforcing the election law in defense of all Americans, regardless of their race. LGBT Rights While leading the Department of Justice, Senator Sessions, if confirmed, will be charged with enforcing the legal progress made on the issue of LGBT rights in the United States. Yet, once again, Session’s history is directly at odds with this job requirement. With the ability to shift focus towards or away from specific issues, it would be hard to believe that Jeff Sessions would take an active role in defending LGBT Americans. In 2011, Senator Sessions, while questioning the Solicitor General, called upon the Department of Justice to be more active in its support for the Defence Of Marriage Act outlawing gay marriage. In addition, Senator Sessions voted in favor of a constitutional amendment banning same-sex marriage that stated “Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman” (On the Issues). With new issues arising concerning discrimination against LGBT Americans, it is concerning that Senator Sessions voted against protections for the LGBT community through hate crime legislation and supports businesses’ “right” to discriminate against LGBT Americans. Reflecting this outdated and bigoted record, the Human Rights Campaign has issues a 0% rating on Senator Sessions’ record of supporting the LGBT community. As Attorney General, Senator Sessions would have to fully and unregrettably defend the rights of LGBT Americans in the court of law, but his record and so-called “values” suggest that he will do no such thing. Constitutional Rights One of the most crucial responsibilities of the Attorney General and, subsequently, the Department of Justice, is the protection of Americans’ constitutional rights from overreaching government, businesses and organizations. Once again, Jeff Sessions’ record of absolute disregard for the right to free speech and freedom of religion disqualify him from holding this office. According to On the Issues, “Sessions voted yes on recommending Constitutional ban on flag desecration” despite the Supreme Court’s ruling that this practice is a constitutionally protected right under the First Amendment’s guarantee to free speech. In addition, Sessions voted yes on loosening restrictions on cell phone wiretapping, which many see as an unconstitutional practice pursuant to the Fourth Amendment’s protection of privacy. As Slate reported, during Sessions’ most recent confirmation hearings for this position, there was a clear contradiction between the First Amendment’s protection of the separation of Church and State and Senator Sessions views of “secular people.” The congressman asked Sessions “‘ a secular person has just as good a claim to understanding the truth as a person who is religiously, correct?’ At which point Sessions responded, ‘Well, I’m not sure.’” For civil rights activists, this is a horrifying response. The suggestion that the U.S. Attorney General would be biased against secular Americans because he sees them as “less truthful” is a glaring violation of the freedom of religion. According to Common Dreams, Sessions has “voted against a Senate resolution affirming that the United States must not bar people from the country because of their religion.” The Senator’s abundantly clear disregard for the Constitutional rights guaranteed to Americans, as a candidate for chief lawyer of the United States, should be automatically disqualifying. No one is perfectly prepared for the highly intense and important role of Attorney General of the United States. Republicans and Democrats will always find issues with the appointees of the other party - and that’s normal. But this is different. Due to his outrageous aversion to legal immigration, torture bans, voting rights, free speech and freedom of religion, Senator Sessions isn’t just a partisan politician - he is a radical without the objective capability or moral convictions to be Attorney General of the United States. As such, the US Senate must vote against his confirmation and find an acceptable replacement immediately. Works Cited
Barber, William J., II. "8 Reasons The Senate Must Reject Jeff Sessions." Common Dreams. Common Dreams, 10 Jan. 2017. Web. 23 Jan. 2017. Beehner, Lionel. "The United States and the Geneva Conventions." Council on Foreign Relations. Council on Foreign Relations, 20 Sept. 2006. Web. 23 Jan. 2017. "Donald Trump Picks Racist Antigay Sen. Jeff Sessions for Attorney General." LGBTQ Nation. LGBTQ Nation, 18 Nov. 2016. Web. 23 Jan. 2017. Goggin, Benjamin. "Everything You Need To Know About Jeff Sessions - Trump's New Attorney General Pick." Everything You Need To Know About Jeff Sessions - Trump's New Attorney General Pick. Digg, 18 Nov. 2016. Web. 23 Jan. 2017. Hensch, Mark. "Franken to Oppose Sessions." TheHill. The Hill, 13 Jan. 2017. Web. 23 Jan. 2017. "Jeff Sessions on Civil Rights." Jeff Sessions on Civil Rights. On the Issues, 24 Apr. 2016. Web. 23 Jan. 2017. "Jeff Sessions." Wikipedia. Wikimedia Foundation, n.d. Web. 23 Jan. 2017. Levy, Pema. "Jeff Sessions Will Be Even More Powerful in the Trump Administration than You Think." Mother Jones Online. Mother Jones, 18 Nov. 2016. Web. 23 Jan. 2017. Lithwick, Dahlia. "The One Moment in Jeff Sessions’ Confirmation Hearing That Revealed Why So Many Are Terrified of Him." Slate Magazine. Slate, 10 Jan. 2017. Web. 23 Jan. 2017. "The next Attorney-general Opposes Immigration and Has Defended Torture." The Economist. The Economist Newspaper, 26 Nov. 2016. Web. 23 Jan. 2017. Phillips, Amber. "10 Things to Know about Sen. Jeff Sessions, Donald Trump’s Pick for Attorney General." The Washington Post. WP Company, 10 Jan. 2017. Web. 23 Jan. 2017. Shabad, Rebecca. "Jeff Sessions Addresses Race, Muslim Ban and Torture at Confirmation." CBS News. CBS Interactive, 10 Jan. 2017. Web. 23 Jan. 2017. "Tell the Senate to Reject Jeff Sessions as Attorney General." Common Cause. Common Cause, Nov. 2016. Web. 23 Jan. 2017.
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