Gov. Sherrill’s pick for attorney general clears key hurdle

by Nikita Biryukov, New Jersey Monitor

Acting Attorney General Jen Davenport sailed through a confirmation hearing to bipartisan praise Monday, becoming the first of Gov. Mikie Sherrill’s nominees to clear that hurdle.

The Senate Judiciary Committee unanimously advanced Davenport’s nomination as the state’s top law enforcement official, with members on both sides of the aisle praising her candor and qualifications during a nearly three-hour hearing.

“I was thoroughly impressed, and I believe you’re well qualified for this position,” Sen. Tony Bucco (R-Morris), the Senate’s minority leader, said during the hearing. “I just want to add another thing: Today has been refreshing. You have not answered questions with canned answers. You’ve given what I am interpreting to be honest and open answers to this committee, and we don’t always see that.”

Davenport, who was first assistant U.S. attorney in New Jersey and led the office’s general crimes unit, must still clear a vote before the full Senate to complete her confirmation.

In exchanges with lawmakers, Davenport said she backs the state’s Immigrant Trust Directive, a 2018 order from the state Attorney General’s Office that limits local and state law enforcement cooperation in federal civil immigration enforcement efforts. The directive has been attacked by Republicans locally and by the Trump administration.

Allowing local police to aid immigration operations not based on criminal charges would harm agencies’ relationships with their communities and risk preventing residents from reporting crimes or making statements to police, Davenport said.

“It’s worked because victims and witnesses feel comfortable calling forward and calling local police to say, ‘I have a problem. Can you help me?’ which is what we want our local police to do and what they want to do,” she said. “That’s why they joined in the first place.”

The directive became a focal point as former Gov. Phil Murphy’s tenure ended and legislators looked to codify similar, though not identical, protections into state law in response to the Trump administration’s mass deportation effort. Murphy vetoed that bill on his last day in office.

In an extended exchange with Bucco on Monday, Davenport said the directive does not bar state and local law enforcement from aiding immigration officials in apprehending immigrants in the country illegally who face criminal charges or criminal convictions.

“If it’s truly civil immigration enforcement on administrative warrants that are not judicially authorized, that are purely administrative and purely on the civil side, that’s what the Immigrant Trust Directive controls. If there were criminal operations, that’s a totally different story,” she said.

Bucco and some other Republican officials questioned whether limiting local police departments’ ability to cooperate with federal immigration officials would make communities less safe.

In response to a question from Sen. Jon Bramnick (R-Union), Davenport suggested her office could pursue criminal charges against federal authorities that violate state law. Minnesota officials have said federal authorities barred them from investigating the slayings of Renee Good and Alex Pretti, who were fatally shot by federal immigration agents last month.

“I think it’s really important to remember how critical independent investigations are, and I think it’s something that we’re not seeing, frankly, from the federal side,” Davenport said. “We see this weaponization of the Department of Justice, and it’s the complete opposite of the approach that I have to law enforcement and to prosecution.”

She said she would continue to join suits against the Trump administration where appropriate. Under her predecessor, Matt Platkin, New Jersey joined or launched dozens of lawsuits against the federal government over frozen funding, withdrawn protections, and attempts to end constitutional birthright citizenship, among other things.

“You follow the facts, you follow the law,” Davenport said. “With respect to federal-facing litigation, what drives me are two primary considerations: One, is there a violation of the law, and two, what is it doing — is it harming the folks of New Jersey? Because that’s most important.”

In New Jersey, the attorney general’s post is distinct from most other cabinet offices. Once confirmed, an attorney general’s term runs concurrent with the governor’s, and unlike other cabinet members, they cannot be fired by the governor.

The secretary of state is the only other New Jersey cabinet office to enjoy similar protections once confirmed. Typically, the only difference between a confirmed and acting department head in New Jersey is their title.

“For all of us here, this is so refreshing to see an adult literally in the room and coming to the attorney general’s office,” said Sen. Paul Sarlo (D-Bergen) said Monday.