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  • 9 months ago
At today's Senate Judiciary Committee hearing, Sen. Adam Schiff (D-CA) questioned Gadyaces Serralta, nominee to be Director of the United States Marshals Service.
Transcript
00:00Mr. Schiff.
00:01Thank you, Mr. Chairman.
00:03Mr. Seralta, I wanted to follow up with you on some of the questions that the ranking member, Peter Welch, asked.
00:09As you know, the Marshal Service Corps mission is enshrined in law, and it is clear and unambiguous.
00:14The law states that the Marshal Service primary role and mission is to provide for the security of federal judges
00:20and to, quote, obey, execute, and enforce all orders.
00:24That is, orders of the federal courts, even those that the president may disagree with.
00:29At the same time, the U.S. Marshals operates within the Justice Department under the authority and direction of the Attorney General.
00:36Throughout our nation's history, we've largely avoided conflict between these two authorities,
00:40the statutory obligation for the U.S. Marshals Service to enforce court orders while at the same time being under the authority of the Attorney General.
00:48That is because we've been a nation of laws governed by the rule of law and the separation of powers.
00:54But that constitutional balance is now at risk.
00:56And you, Mr. Seralta, may be thrust in the middle of that crisis.
01:02I know you have responded that Mr. Welch's question is hypothetical.
01:07That is, what if you're asked to, or you're ordered by a court to enforce something against the Justice Department,
01:14the Justice Department orders you to refuse.
01:17But only part of it is hypothetical.
01:19We have seen already the Supreme Court of the United States order the administration to facilitate the return of someone they improperly rendered to a prison in El Salvador.
01:32And we've seen the administration refuse to facilitate that person's return.
01:35We've seen, in a related case, a federal judge issue an order to show cause why the administration should not be held in contempt.
01:43If that judge rules that the administration is in contempt and issues an order to effectuate her ruling, will you enforce that court order?
01:53Senator, the U.S. Marshal Service, myself, if I'm confirmed, every deputy that has ever sworn oath to the Marshal Service, will enforce all lawful orders issued by a federal court.
02:09So, if a judge holds administration in contempt and issues an order to either seize someone from the administration or to effectuate the service of legal process on that person, you will follow that court order?
02:23Senator, if it's a lawful order, absolutely.
02:26We will enforce all lawful orders issued by a federal court.
02:30And you will rely on the legal counsel within the Marshal's service to give you advice on what is lawful for you to execute?
02:42Yes. Yes, Senator.
02:44One of the roles of the Marshal's is also to provide security for judges.
02:49So, my question is, and this is a question, frankly, that was at least reportedly raised by a judge at a meeting of the Judicial Conference.
02:56What happens if the administration orders the Marshal's service not to provide protection to a particular judge who has issued an opinion that the president disagrees with?
03:07Will you nevertheless provide protection?
03:10And you can say that question is hypothetical, and yet only part of it is hypothetical.
03:14The president has ordered security for former officials of his own administration to be revoked.
03:23People like Pompeo, for example.
03:25So, he has already acted politically to remove people's security, not based on whether the threat against them has diminished, but rather based on his personal agenda and political agenda.
03:38Will you, as required by law, provide security for every judge, whether they're favored or disfavored by the president?
03:44Senator, I do think it's hypothetical.
03:46I do not believe that President Trump would ever issue an order like that, but I will reiterate that the Marshal's service mission and primary role is to provide safety for our federal judges.
04:02It is to enforce, execute, all office.
04:06Then, Mr. Rosen, let me just ask you, simply and not hypothetically, will you commit to providing security for each and every federal judge?
04:14Senator, for the last six and a half years, I have done so in the Southern District of Florida.
04:20If I am confirmed, I pledge to you that we will continue to keep all our judges safe.
04:26It is the basic premise of the United States Marshal's service.
04:32It's the star in our badge.
04:34Finally, Mr. Sorolta, are you aware of allegations that Mr. Musk requested that the Marshal's service deputize some of his private security to effectuate the operations of DOGE?
04:49Senator, I'm lightly aware of that based on social media, or I'm sorry, media reports.
04:54I don't have social media, unfortunately.
04:56And what criteria would you use to deputize anyone, a Marshal, who does not occupy a federal position?
05:06What would your practice be?
05:09Senator, there's a policy within the Marshal's service.
05:13I believe what you're discussing is a special deputation, which is primarily for protection.
05:19It does not encumber Title 18 authority, arrest powers.
05:26However, when presented with something like that, I would study it.
05:32I would look to see what the needs are.
05:37It is a policy that I'd have to review when I get there, if confirmed.
05:43And I pledge to you that I would look into it.
05:48Well, I hope you'll protect the Marshal's service from any abuse of the powers of deputation to effectuate a political arm of the White House.
06:03I'll yield back, Mr. Chairman.
06:03I would like to enter a...
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