Nicholas Ganjei, the U.S. Attorney for the Southern District of Texas, has been nominated by President Donald Trump to the United States District Court for the Southern District of Texas.
At a hearing with the Senate Judiciary Committee, U.S. Senator Adam Schiff (D-CA) asked Ganjei, “In the absence of congressional authorization to use force, in the absence of any declaration of war, are military attacks on ships suspected of drug trafficking lawful or constitutional?”
[Note: President Trump has ordered more than 20 military strikes on boats in the Caribbean allegedly carrying Venezuelan drug traffickers. On the Senate floor last week, Schiff listed all of the U.S. military firepower heading to Venezuela, and asked, “Is the Trump administration trying to drag America into another war? They are parking some of our most lethal warships off the coast of Venezuela and sending thousands of service members to the region. And we’re supposed to believe this is about blowing up speedboats?”]
Ganjei replied to Schiff: “Senator, I think that’s a highly fact-specific situation, and if there were such strikes and they were going to be challenged in court, there is a likelihood that it could come before me, if I’m fortune enough to be confirmed. So I don’t think I can offer an opinion on that.”
Sen. SCHIFF: Are military attacks on ships suspected of drug trafficking lawful, with no congressional authorization or declaration of war?
Trump nominee: I can’t offer an opinion.
Schiff: Is the War Powers Act constitutional?
Nominee: I can’t say. pic.twitter.com/BI0NqtPSXn
— Senate Judiciary Democrats
(@JudiciaryDems) November 19, 2025
Schiff responded by asking, “Can you offer an opinion on whether you believe the War Powers Act is constitutional?”
Ganjei, a graduate of the University of California Berkeley School of Law and former Chief Counsel to Senator Ted Cruz (R-TX), replied, “Senator, again, that might be something that comes before me as well.”
Schiff replied, “I imagine any number of legal issues would come before you. That doesn’t preclude you from expressing your legal views on the subject, particularly something as broad as the constitutionality of legislation like the War Powers Act.”
Ganjei replied: “Senator, my answer is the same.”
Many commenters voiced their disappointment in Ganjei for refusing to answer Schiff’s question, including lawyer Tracey Gallagher who replied: “A simple question he refused to answer.”
Another legal professional, Sandy Taylor, wrote, “It’s simply NOT acceptable for a nominee to NOT have an opinion and/or NOT be able to weigh-in when asked perfectly reasonable questions.”