Trump’s White House

Unqualified Trump Nominee Fails to Mention Glaring Ethical Conflict

Brett Talley, who has never tried a case, is married to the chief of staff to the White House counsel.
donald trump
By Jim Watson/AFP/Getty Images.

In a cabinet stocked with a secretary of energy who initially had no idea what the Department of Energy does, an E.P.A. chief who thinks the jury is still out on climate change, a secretary of Housing and Urban Development with zero experience in housing policy, and an education secretary who believes “we don’t fire teachers enough,” the fact that Donald Trump has nominated a supremely unqualified candidate to serve as a federal district judge in Alabama would not come as a shock. But even by Trumpian standards, last week’s nomination of Brett Talley stood out, if only for the fact that he has never tried a case in court, and that he received a rare, unanimous “not qualified” rating from the American Bar Association, becoming just the third person to do so since 1989.

On Monday, however, Talley, who is essentially a glorified blogger, set the bar for Trump nominees at a new low when it was revealed that he also has a huge conflict of interest that he declined to disclose to the Senate. The New York Times reports that Talley is married to Ann Donaldson, a senior lawyer in the White House who serves as chief of staff to White House Counsel Donald McGahn, who oversees Trump’s judicial nominations. When asked on his Senate questionnaire to identify family members and others who would be “likely to present potential conflicts of interest,” Talley referenced his legal work in Alabama, and noted that he would “evaluate any other real or potential conflict . . . on a case by case basis.” He did not mention his marriage, nor did he list Donaldson in describing his frequent contact with White House lawyers during his nomination process. Donaldson also happens to be of particular interest when it comes to the Russia investigation:

Ms. Donaldson has emerged in recent weeks as a witness in the special counsel’s investigation into whether Mr. Trump obstructed justice. She was interviewed by investigators recently about her detailed notes about conversations with Mr. McGahn on topics including the firing of the former F.B.I. director James B. Comey, according to two people briefed on the matter, who spoke on the condition of anonymity because they were not authorized to discuss the investigation with reporters. The special counsel, Robert S. Mueller III, is investigating Russian interference in last year’s presidential election and whether Mr. Trump tried to obstruct the Justice Department’s inquiry. He has denied any obstruction.

Talley, who is nominated for a lifetime appointment as a district judge, was approved by the Senate Judiciary Committee despite scathing questions from Democrats, and now faces a full Senate vote. If approved, he would, as the Times notes, “often provide the first ruling when laws are called into question,” which could at times put him ”at odds with the White House and its lawyers”—a topic we’re sure would play well over dinner.