"I did not work on the dismissal of James Comey," said Greg Katsas, who is seen here in Washington in 2012. | Alex Wong/Getty Images D.C. Circuit nominee says he worked on White House response to Mueller probe Katsas also acknowledged he gave advice on travel ban, DACA, voter fraud commission.

President Donald Trump's first nominee to the powerful D.C. Circuit Court of Appeals said Tuesday he worked on the White House's response to special counsel Robert Mueller's investigation of Russian influence in the 2016 presidential election.

Trump's judicial pick, current White House Deputy Counsel Greg Katsas, also disclosed that he worked on many of the administration's most controversial policy initiatives, including the travel ban executive orders, a new voter fraud commission, and the president's decision to phase out protections for young undocumented immigrants known as "Dreamers."


During a confirmation hearing before the Senate Judiciary Committee, Katsas said that while he has provided legal advice about how to respond to the Russia probe, he wasn't involved in Trump's firing earlier this year of James Comey. That decision to push out the FBI director eventually led to the appointment of Mueller to oversee the investigation.

"I did not work on the dismissal of James Comey. In fact, I first learned of that dismissal when I saw it announced on television," Katsas said.

Democratic senators have expressed concern that Katsas' may be too close to Trump to rule fairly on disputes involving the administration.

"Mr. Katsas has...spent the last ten months working directly for President Trump as a deputy in the White House counsel's office, which raises questions about his independence," said the judiciary panel's top Democrat, Sen. Dianne Feinstein of California.

As Republican Sen. Mike Lee of Utah led off the questioning of Katsas, the Utah Republican sought to head off questions by Democrats by prompting the nominee to take certain issues off the table. One of Lee's early questions was whether Mueller has sought to interview him. The special counsel has begun speaking to current and former White House officials as part of his investigation into whether Moscow had U.S. help in meddling with last year's election.

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"I have not been interviewed by the special counsel, nor have I been asked to be interviewed," Katsas said.

However, under questioning by Feinstein, Katsas said he'd dealt with legal issues related to the Mueller probe.

"I have given legal advice on a few discrete legal questions arising out of the investigation," he said. "I have no knowledge of any underlying facts regarding Russian interference," he added.

"Can you tell us what those legal questions were?" Feinstein asked.

"I'm sorry, I cannot," Katsas said, arguing that the specific topics were confidential and covered by attorney-client and executive privilege. He said his willingness to acknowledge general topics, but not to delve into specifics, was consistent with past judicial nominees like Supreme Court Justice Elena Kagan and current D.C. Circuit Judge Brett Kavanaugh.

Trump could authorize Katsas to discuss any or all confidential matters, but the White House lawyer said he has made no such request.

"I have not discussed the matter with the president," Katsas said.

Standing in for Iowa Republican Sen. Chuck Grassley as chair of the Tuesday hearing, Lee said it would be a mistake to insist that Katsas reveal any advice he gave the president.

"This committee will respect that privilege," said Lee. "It's about maintaining the proper separation of powers."

Feinstein revealed that Democrats on the panel wrote to Katsas last month asking for details of his White House work, but the Justice Department wrote back to tell senators to ask about those issues at the hearing.

Katsas said he has worked on various legal challenges the administration is facing, including lawsuits alleging that Trump is violating the foreign emoluments clause of the Constitution by continuing ownership of his business empire while in office.

"My principal area of responsibility involves dealing with legal questions arising out of executive branch agencies. As you know, there have been many lawsuits filed against the president and the Executive Office of the President. In practice, I spend a lot of my time working with the Justice Department as they defend the executive branch's interests in those cases," the nominee said.

D.C. Circuit nominees are typically closely scrutinized by the Senate and are sometimes the focuses of protracted partisan battles due to the influential role played by that particular appeals court and because the D.C. Circuit is sometimes seen as a stepping stone to the Supreme Court. The D.C. Circuit's docket is also heavy with cases challenging major federal agency actions and disputes involving executive power.

A Republican blockade of several Obama nominees for the powerful court in 2013 led Democrats to deploy the so-called nuclear option, eliminating the filibuster for all nominees other than the Supreme Court. Earlier this year, Republicans wiped out the filibuster for the high as well, allowing the confirmation of Justice Neil Gorsuch.

Democrats pressed Katsas Tuesday about whether his work in the Trump White House would require him to recuse himself from various cases that may come before that court.

Democratic Sen. Richard Blumenthal of Connecticut asked Katsas if he would step back from any legal cases brought by Mueller or involving his authority.

"To the extent the case touched....anything I worked on in the White House, yes, I would," the nominee said.

Blumenthal said he thought Katsas should pledge to recuse from any matter involving Mueller, but the nominee wouldn't go quite that far.

"I just don't want to prejudge it, not knowing exactly what the case would be," Katsas said. "In cases of doubt, I would probably err on the side of recusal."

"Let me make the suggestiong that recusal would really be your only option," Blumenthal insisted.

Blumenthal did manage to extract a commitment from Katsas that he would recuse on a lawsuit Blumenthal and other Democrats are pursuing over the emoluments issue.

"I worked on that case and that makes it an open and shut instance of recusal," Katsas said.

The Republicans on hand for Tuesday's hearing suggested Democrats were overemphasizing Katsas' White House tenure and largely ignoring nearly three decades of other legal work in senior roles at the Justice Department and at D.C. law firm that has served as a major source of lawyers for Trump administration roles, Jones Day.

Republican Sen. Ted Cruz of Texas predicted publicly that Katsas will be confirmed, while Sen. Orrin Hatch of Utah, also a Republican, hailed Katsas as an outstanding choice.

"I think you're a tremendous nominee," said Hatch. "Anybody that finds otherwise just isn't looking at the facts."

Four Trump nominees for district court judgeships were also on the Judiciary Committee's agenda Tuesday.

Feinstein trained her criticism on former Mitt Romney speechwriter Brett Talley, a Trump pick for the federal court in the Middle District of Alabama. The California senator complained that Talley's blog posts about gun rights were extreme and included an unusually abject pledge to of loyalty to the National Rifle Association.

"Today I pledge my support to the NRA; financially, politically, and intellectually. I ask you to do the same. Join the NRA. They stand for all of us now, and I pray that in the coming battle for our rights, they will be victorious," Talley wrote in 2013 as gun control proposals got a new look in the wake of the mass shooting at the Sandy Hook elementary school in Connecticut.

"I have never seen anyone in 24 years before this committee with the strong statements you have made on weapons…when I think of what just happened in Las Vegas it makes it very difficult for me," Feinstein said.

Talley, a former deputy to Alabama Republican Sen. Luther Strange when he was his state's attorney general, declined to pledge to recuse himself from any cases involving weapons. He also insisted that his blog was intended to promote debate on both sides of the gun control issue.

"I wanted people to be able to use my blog to discuss these issues to come together, to find common ground," Talley said.

Asked if he regrets any comments on the blog, Talley again said he was trying to foster a "constructive dialogue."

"I consider that answer totally disingenuous and evasive," Blumenthal replied.

"I was trying to get people to consider alternatives," Talley responded. "I don't regret that."