14th Amendment Controversy: Bondi’s Silence Speaks Volumes!

During her confirmation hearing on Tuesday, Pamela Bondi, President-elect Donald Trump’s pick for Attorney General, engaged in a notable clash with Senator Alex Padilla (D-Calif.) regarding her stance on the 2020 election and the 14th Amendment’s assurance of birthright citizenship. Bondi’s responses were vague, as she often meandered through her answers rather than addressing Senator Padilla’s inquiries directly. The most telling moment, however, came with her non-response regarding the 14th Amendment.

Senator Padilla queried, “You seemed unfamiliar with the citizenship clause of the 14th Amendment during our meeting yesterday, which was quite disappointing. After having the night to review it, can you inform this committee what the citizenship clause of the 14th Amendment states?”

This question was straightforward. While it’s unreasonable to expect someone to recite every Amendment verbatim, Bondi’s evasive reply was quite revealing. She responded, “Senator, I am here to answer your questions, not to do your homework or prepare for you. If I am confirmed as Attorney General,” at which point Senator Padilla reiterated his question, pressing for a clear answer. The only reply she ultimately gave was a dismissive, “Senator, we all know the 14th Amendment addresses birthright citizenship… I didn’t take your homework assignment: I’m sorry I was preparing for today.”

Bondi’s response came off like a student unprepared for a book report, yet it’s likely she fully understands what the 14th Amendment entails. Senator Padilla, undeterred by her dodging, directly asked, “Regarding the 14th Amendment, you’ve repeatedly assured this committee that you would uphold U.S. laws and defend the Constitution. Do you believe that birthright citizenship is established law and will you defend it, even for children born in the U.S. to undocumented parents?”

Again, her non-committal answer was very revealing. “Senator, I will look into birthright citizenship. I would be happy to discuss it with you later.” Bondi clearly lacks the integrity to admit that she, along with the administration she hopes to join, plans to implement policies that undermine the 14th Amendment’s citizenship clause, denying U.S. citizenship to children born in the U.S. to undocumented parents. She avoids citing the Amendment’s text because its clarity is indisputable.

For context, the Citizenship Clause of the 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Children born in the U.S. to undocumented parents fall under U.S. jurisdiction and are thus citizens. The conservative legal argument that these children are not under U.S. jurisdiction and thus not citizens is utterly baseless and illogical. As previously discussed, the potential ramifications of Trump’s enforcement of this flawed theory could be dire. With Trump’s inauguration imminent, understanding Bondi’s potential role in ending birthright citizenship is crucial.

As Attorney General, Bondi Would Be Central to Trump’s Efforts to End Birthright Citizenship and Undermine the 14th Amendment

There are three pivotal roles Bondi would assume as Attorney General in Trump’s agenda to dismantle the 14th Amendment. First, as head of the U.S. Department of Justice’s Office of Legal Counsel (OLC), she would be pivotal. The OLC, as described on its website, drafts legal opinions for the Attorney General and provides advice to the President’s Counsel, executive agencies, and other Justice Department components. All executive orders and significant proclamations proposed by the President are reviewed by the OLC for legality, as well as other matters requiring the President’s formal approval. (emphasis added).

In her role, Bondi would be responsible for issuing OLC legal memos and assessing the legality of Trump’s executive actions. While OLC memos are advisory, they significantly influence government actions. We still deal with the implications of a 1973 OLC memo that a sitting president cannot be criminally prosecuted. Bondi would likely endorse the constitutionality of Trump’s executive orders challenging the 14th Amendment, despite claims of needing to “study” the Amendment, suggesting pre-drafted plans and executive orders ready to be enacted upon Trump’s inauguration. It seems she has already privately approved these unlawful policies.

Secondly, as head of the Executive Office for Immigration Review (EOIR), or the Immigration Court, Bondi would oversee deportation proceedings. Previously, I discussed how the federal government might start detaining and deporting U.S.-born individuals with undocumented parents under a false premise of non-citizenship.

Third, Bondi would control the Office of the Solicitor General (OSG), which defends presidential policies in court. As I have written before, these policies are designed to provoke legal challenges and potentially reach a biased Supreme Court. If the Supreme Court were to overturn birthright citizenship, it would be due to arguments from Bondi’s team within the OSG and the Justice Department.

Bondi’s claim of needing to “study” the 14th Amendment is deceptive. She’s lying to conceal her central role in Trump’s plans to violate the Constitution. Her confirmation should be unanimously opposed, but realistically, partisan politics may prevail. It’s essential to maintain moral clarity and hold accountable those who would undermine the 14th Amendment’s birthright citizenship guarantee in the U.S.