Alex Padilla U.S. Senator for California

By Erin Burnett

Read the approximate transcript of the interview here and below:

SEN. ALEX PADILLA (D-CA): I can’t remember a time in history when, of all the nominees, Department of Justice, high ranking Department of Justice officials, not adamantly defending the balance of power, co- equal branches of government, the checks and balances built into the Constitution is telling of the political times that were living in, and alarming.

(END VIDEO CLIP)

BURNETT: All right, the senator you just saw there, Alex Padilla from California, and he is with me now.

Senator, so, you know, you questioned Trump’s DOJ nominees at that hearing today. What do you make when someone says to you and very clearly, right, it was very, very clear, very black and white. There is no hard and fast rule about whether in every instance a public official is bound by a court decision. How do you — how do you stomach that?

PADILLA: Yeah. Well, good to be back with you, Erin. First of all, that’s the purpose of raising these questions during these confirmation hearings, because sadly, this isn’t the first time we’ve gotten an answer like that. It’s very similar to the answers we’ve gotten from the attorney general nominee, who’s now the attorney general, the deputy attorney general nominee who’s about to be confirmed from the now FBI director, Kash Patel, and so on down the line within the Department of Justice.

So we raise it for the publics awareness because they should be alarmed, not just members of Congress, but number two, it just — it boggles the mind that of all the departments and agencies, the Department of Justice, which requires its independence to do its job responsibly and appropriately, is the very department that whose leadership is not clearly standing up for its independence, as I mentioned in the committee.

The balance of powers, the equal branches of government, the checks and balances that the Founding Fathers envisioned in the Constitution.

BURNETT: So Trump’s pick for solicitor general says he thinks Trump will do the right thing when confronted with a court decision. So, you know, he was asked specifically about, you know, these concerns that Trump will defy court orders. And here’s what he said.

(BEGIN VIDEO CLIP)

D. JOHN SAUER, TRUMP’S PICK FOR SOLICITOR GENERAL: I’ve represented President Trump for the better part of two years, and I just think that that’s not a plausible scenario. (END VIDEO CLIP)

BURNETT: I mean, you know, Trump had tweeted the other day, right? You know, that, you know, he does something for the services of his country, breaks no laws.

So do you believe it when that solicitor general pick there says its not a plausible scenario to think Trump would defy an order?

PADILLA: The answer is no. I mean, and it’s not just disappointing, it’s enraging.

Look, I’ve had a chance to not just question these nominees in committee as a member of the judiciary committee. I’ve made it a point to meet with each of them in my office and ask these questions beforehand. And they keep doing their best to duck, to dodge, to avoid answering the question directly when they point to, well, that’s just a hypothetical, or he’s never done that to me. He would never do that to me.

I tell them, this is not hypothetical. In fact, he did it repeatedly in his first term as president. Just ask Jeff Sessions, even Jeff Sessions. As much as I disagreed with his policies and approaches, had the ethics and the resolve to say instead of violating the law and not being faithful to the Constitution, I would rather resign than do what Donald Trump is telling me.

These new rounds of nominees, in his second administration can’t even do that.

BURNETT: So Elon Musk has now said that he wants to punish judges who rule against Trump. He posted, if any judge anywhere can block every presidential order everywhere. We don’t have democracy. We have tyranny of the judiciary.

You know, in that sense, you know, referring to what he says is an activist judiciary. What do you say to him?

PADILLA: Yeah. Well, first of all, he’s wrong. But sadly, I’m not shocked. You know, for all their talk about fraud and abuse, you know, this — this administration is the fraud. And what we’re seeing is their abuse of power.

I mean, just a couple of several a couple of months ago, when you talk when you we were up on the deadline to pass a spending plan for the current fiscal year. There was a plan, a bipartisan agreement on the floor of the House of Representatives. And Elon Musk chimed in, saying, anybody that doesn’t go along with what President Trump wants will get primaried. We’ll fund them, et cetera.

Over the last couple of months, as confirmation hearings have taken place and nominees have come up for votes in the Senate, the same threats by Elon Musk, we will primary you if you don’t fall in line with Donald Trump. And I will put the money behind it. And now, it’s judges that are in the crosshairs of Elon Musk. This is what happens when the richest president in history brings in the richest man in the world to do his dirty work of shredding government — federal government in the hopes of saving money. And here’s the real agenda behind at the end of the day, Erin, they’re doing all this to try to find the money to underwrite tax breaks for billionaires. If that’s not a conflict of interest, I don’t know what is.

BURNETT: So, so and you talk about judges, but it’s not just judges, it’s lawyers. I mean, President Trump has, you know, knows that there’s lawyers now representing former special counsel Jack Smith. And so Trump now has signed a memo, Senator, which I’m sure you may be aware of this and there’s so much happening here every moment, but suspending the security clearances of Smith’s lawyers.

So that they sign on to represent him. Trump says, well, then there goes your security clearance. And the Republicans have made it clear they intend to investigate Smith’s work on the Trump cases, right? So — so that’s why he needs lawyers.

How concerned are you about this? If someone signs on to defend Jack Smith and the president rescinds their security clearance.

PADILLA: Yeah. Look, it’s an absolute abuse of power, as I just mentioned, but as — as, not surprised as I am that this is the conduct of Donald Trump. As not surprised as I am as at who he has selected to serve in his cabinet and other leadership positions.

Here’s the biggest disappointment and wake up of all. Where are the Republicans in Congress? Where are the Republicans in the Senate? Are they going to stand up for the constitution and their oath of office, or at least the interest of their own constituents, or continue to be want to be more loyal to Donald Trump above all else?

BURNETT: All right. Senator Padilla, I appreciate your time.

And thank you very much, sir.

PADILLA: Thank you.

Watch the full video here.