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Senate Judiciary questions John Eisenberg on Vindman IG findings, Signal messaging breach and FISA safeguards
Summary
At a Senate Judiciary Committee hearing, nominee John Eisenberg faced questions about an inspector-general report alleging retaliation against Lt. Col. Alexander Vindman, a recent Signal messaging security breach among senior national-security officials, and the handling of FISA-authorized intelligence searches.
Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, opened a confirmation hearing for three Department of Justice nominees by praising their records and introducing John Eisenberg as the nominee for assistant attorney general for the National Security Division.
The most contested exchanges during Eisenberg's appearance focused on a Department of Defense inspector‑general report alleging he retaliated against Lt. Col. Alexander Vindman, and on a widely reported security breach in which cabinet officials discussed sensitive military plans over a commercial messaging app. Sen. Dick Durbin, the committee's ranking member, also pressed for assurances that nominees would place the rule of law above political loyalty after a string of high‑level Justice Department personnel changes.
Why it matters: the assistant attorney general for the National Security Division oversees counterterrorism and intelligence‑related prosecutions and counterintelligence work. Questions about personnel decisions, communications security, and FISA procedures speak directly to the division's ability to protect classified information while respecting civil liberties.
During questioning about the Vindman matter, Eisenberg denied wrongdoing and invoked executive‑privilege constraints on some aspects of the record. "I wholeheartedly deny the allegations. I'm just not that kind of a person," he told Chairman Grassley, adding that when the inspector general sought interviews, executive‑privilege considerations initially prevented full participation. Eisenberg pointed to specific items in the publicly released IG report he said changed his evaluation of Vindman's performance, including instances he described as attempts to be added to restricted meetings and a reimbursement request he viewed as a conflict of interest.
Senators also asked Eisenberg about a reported Signal messaging thread in which cabinet officials discussed plans and described allies. Senator Adam Schiff pressed him about whether it would be appropriate to discuss imminent military strike plans over a commercial app. Eisenberg said he had not read the specific chat and declined to opine on the investigation's ultimate steps without more facts: "I don't know enough about what actually happened to say what that action would be," he said. Later he added that the department should "take whatever appropriate action there is," depending on the facts.
Eisenberg was asked about the possible revival of a previous China‑focused initiative. He said he planned to "look at whether something like that should be stood up again," but had no concrete plans. On searches of FISA‑collected databases that incidentally contain communications of U.S. persons, Eisenberg told Sen. Mike Lee that the topic "raises issues" and that, if confirmed, he would consult NSD experts and the attorney general to determine whether procedural changes were warranted.
Throughout the hearing Durbin warned about what he called "an ongoing attack on the judiciary" and tied that concern to the Justice Department's independence; the ranking member urged nominees to put country over politics. Chairman Grassley closed by setting a written‑question deadline for Eisenberg of April 2 at 5 p.m.
The hearing record will remain open for written questions; Grassley said he would schedule confirmation votes after receiving nominees' responses.
