Trump nominated Talley to a seat on the US District Court for the Middle District of Alabama in September. Like all nominees, he was asked to submit a detailed questionnaire covering his legal career, writings, speeches and employment.

In the section headed "Potential Conflicts of Interest," the Senate asked Talley to "identify the family members or other persons ... that are likely to present potential conflicts of interest."

Talley, a former deputy solicitor general in Alabama, said he would recuse himself in any litigation where he ever played a role, or any case handled by the Alabama attorney general-during his tenure in that office.

But being married to a White House lawyer could present a host of conflicts for a federal judge.

His wife, Donaldson, actually holds three different titles in the White House: deputy assistant to the President, special counsel to the President, and chief of staff to the White House Counsel. She came to the White House in March from Jones, Day Reavis and Pogue, the same law firm where White House Counsel Donald McGahn - Trump's campaign lawyer - formerly worked.