Key Takeaways
- •The committee favorably reported Robert Cekada (Director, ATF) and four judicial nominees, including Andrew Davis and Anna St. John, despite significant Democratic opposition to their professional records.
- •Sen. Cruz (R-TX) argued that S.3798 is necessary because ATMs have replaced bank vaults as primary targets for violent robberies, leaving working-class Americans vulnerable.
- •Sen. Whitehouse (D-RI) requested help investigating organized threats against judges, and Sen. Grassley (R-IA) offered his assistance to ensure the Marshals Service conducts thorough investigations.
- •While the committee reached bipartisan agreement on the Safe Access to Cash Act, members split sharply along party lines regarding the qualifications of the judicial and ATF nominees.
- •The Safe Access to Cash Act moves to the floor to expand federal robbery protections, while Sen. Kennedy (R-LA) vowed to block future quorums over immigration enforcement data.
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Hearing Analysis
Overview
The Senate Judiciary Committee, chaired by Sen. Chuck Grassley (R-IA), held a business meeting on March 5, 2026, to consider several high-level executive and judicial nominations and S.3798, the Safe Access to Cash Act of 2026. The meeting served as a forum for significant partisan debate over the management of the Department of Homeland Security (DHS) and the qualifications of judicial nominees, while also demonstrating bipartisan consensus on federalizing crimes related to automated teller machines (ATMs).
The primary legislative focus was S.3798, introduced by Sen. Ted Cruz (R-TX) and Sen. Ruben Gallego (D-AZ). Sen. Cruz explained that while the Federal Bank Robbery Act of 1934 successfully reduced robberies at physical bank branches, modern criminals have shifted their focus to standalone ATMs in convenience stores and gas stations. He noted that ATM thefts have increased 21 percent year-over-year, often involving violent crimes against working-class citizens who rely on cash for daily needs. The bill, which passed by voice vote as amended, would bring these crimes under federal jurisdiction, allowing federal law enforcement to investigate and prosecute ATM robberies. Sen. Richard J. Durbin (D-IL) supported the bill but urged the committee to also address "crypto ATMs," citing Federal Bureau of Investigation (FBI) data showing $333 million in losses last year from scams targeting seniors through these machines.
The committee considered and favorably reported several nominees, though most judicial and executive picks faced unified Democratic opposition. Robert Cekada was approved to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) by a 13-9 vote. While Chairman Grassley praised Cekada’s 30-year law enforcement career, Sen. Durbin opposed him, expressing concern that the ATF might be "weaponized" under the current administration. Four judicial nominees—Andrew Davis (Western District of Texas), John Shepherd (Western District of Arkansas), Anna St. John (Eastern District of Louisiana), and Christopher Wolfe (Western District of Texas)—were all reported favorably on 12-10 party-line votes.
Key Testimony
Sen. Durbin raised sharp objections to Andrew Davis, citing his past defense of racist commentary by Bill Bennett and his legal challenges to the qui tam provisions of the False Claims Act. Regarding Anna St. John, Sen. Durbin highlighted her past testimony against bipartisan legislation to end forced arbitration in sexual assault cases. He noted that Gretchen Carlson, a former Fox News host and advocate for the legislation, publicly opposed St. John’s nomination, accusing her of "gaslighting" victims. Three U.S. Marshal nominees—Robert Rotter (Northern District of Iowa), David Satterlee (South Dakota), and David St. Pierre (Maine)—were also approved, though Sen. Sheldon Whitehouse (D-RI) used their consideration to criticize the United States Marshals Service (USMS). Sen. Whitehouse argued the USMS has failed to investigate organized "enterprises or conspiracies" behind the increasing volume of death threats against federal judges, specifically referencing threats against the chief judge of the United States District Court for the District of Columbia.
Overview
The meeting also featured intense criticism of DHS Secretary Kristi Noem following a recent oversight hearing. Sen. Durbin accused Secretary Noem of making false statements under oath regarding U.S. Immigration and Customs Enforcement (ICE) compliance with court orders and the detention of U.S. citizens. He cited records showing ICE violated over 200 court orders in Minnesota alone. Sen. Thom Tillis (R-NC) expressed outrage over the department's failure to provide data on "Operation Charlotte's Web" in North Carolina, where 500 people were reportedly detained. Sen. Tillis threatened to withhold a quorum and block all nominations until DHS provides the requested information or Secretary Noem resigns. Furthermore, Sen. Durbin alleged that DHS and the FBI have diverted specialized counterterrorism units—specifically those monitoring the Islamic Republic of Iran—to assist with mass deportation efforts, leaving the country vulnerable to foreign adversaries.
Key Testimony
The following organizations were identified in the hearing: - United States Marshals Service (USMS): Discussed regarding the confirmation of three marshals and criticized by Sen. Whitehouse for failing to investigate organized threats against judges. - Department of Homeland Security (DHS): Heavily criticized by Sens. Durbin and Tillis for its oversight testimony, border operations, and lack of transparency with the GAO. - Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Mentioned regarding the successful confirmation of Robert Cekada as Director. - Department of Justice (DOJ): Referenced regarding its admission of ICE court order violations and its role in judicial security meetings. - United States District Court for the Western District of Texas: The intended court for nominees Andrew Davis and Christopher Wolfe. - U.S. Immigration and Customs Enforcement (ICE): Criticized for allegedly violating hundreds of court orders and detaining U.S. citizens. - Federal Bureau of Investigation (FBI): Discussed regarding the diversion of its counterterrorism resources and its data on crypto ATM fraud. - Islamic Republic of Iran (Iran): Mentioned in the context of stalled investigations into its sanctions evasion due to DHS resource shifts. - United States District Court for the District of Columbia: Referenced regarding death threats made against its chief judge. - 60 Minutes: Cited for an exposé on the "campaign of threats" against the federal judiciary. - United States District Court for the Eastern District of Louisiana: The intended court for nominee Anna St. John. - The New York Times Company (New York Times): Mentioned regarding the legal precedent of New York Times v. Sullivan, which nominee Anna St. John has reportedly challenged. - Subcommittee on Digital Assets, Financial Technology and Inclusion (Digital Assets Subcommittee): Referenced as the subcommittee where S.3798 co-sponsor Sen. Gallego serves as Ranking Member. - National Armored Car Association (NACA), Retail Industry Leaders Association (RILA), Major County Sheriffs of America (MCSA), National ATM Council (NAC), National Association of Convenience Stores (NACS), and National Association of Police Organizations (NAPO): All identified by Sen. Cruz as organizations supporting S.3798. - Judicial Conference of the United States: Mentioned regarding the Chief Justice’s responsibility to ensure the USMS protects judges. - United States District Court for the Western District of Arkansas: The intended court for nominee John Shepherd. - Fox News: Mentioned in the context of former host Gretchen Carlson’s advocacy against forced arbitration. - Senate Committee on Banking, Housing, and Urban Affairs (Banking Committee): Referenced as having jurisdiction over digital assets and the co-sponsorship of S.3798. - Government Accountability Office (GAO): Mentioned by Chairman Grassley as being denied access to DHS officials for a requested review.
Transcript
Committee will come to order. Good morning everybody. Today's agenda is filled with 10 nominations and one bill. The nominations of Melissa Holyoak and Phillip Williams to be U.S. attorneys are listed for the first time and will be held over. Today we're going to vote on Robert Cekada, Director of ATF. We'll also have four nominees for the judiciary: Andrew Davis, Western District Texas; John Shepherd, Western District Arkansas; Anna St. John, Eastern District Louisiana; Christopher Wolfe, Western District of Texas. We'll also vote on three U.S. Marshal nominees: Robert Rotter, David Satterlee, and David St. Pierre. Lastly, we'll vote on S.3798, the Safe Access to Cash Act of 2026. It's a bipartisan bill led by Senator Cruz and Gallego. It will help protect Americans who rely on ATMs for cash withdrawals. Senator Cruz will speak on that bill in when after we get it up. At first, I'd like to say a few words about highly qualified nominees that we're considering. Mr. Cekada is well suited to lead the ATF. Throughout his three-decade career, he protected Americans at the state and federal levels. Mr. Cekada spent more than a decade as a police officer. During that service, he received numerous awards and commendations for his service. He's also spent nearly 20 years at the agency that he will soon be heading. He did that as a special agent, managing regional offices, and most recently serving as Deputy Director. Our judicial nominees are highly qualified. Each has extensive litigation experience. They've zealously advocated for their clients in different cases, and they did it with utmost skill and professionalism. Two of them, Judge Shepherd and Judge Wolfe, although have already have experience presiding in courtrooms at the state level. Although their credentials vary, many I'm confident that all four of our judicial nominees will make excellent federal judges. The three U.S. Marshal nominees that we're considering today are also exceptional. Each has decades of experience in law enforcement, and I believe all three will serve their communities well. I'm particularly pleased that we're considering the nomination of Mr. Rotter to gate to serve in my state of Iowa. As sheriff, he done outstanding work to keep the people of Iowa County safe. I hold him in high regard. I've known him for probably three decades, as do many other Iowans holding him also in high regard. I encourage my colleagues to join me in supporting him. On another matter, I want to thank Secretary Nome for testimony at our oversight hearing. I'm glad that she didn't follow the precedent of former Secretary Mayorkas set when he refused to come before the committee the last year he was in office. The hearing highlighted the successful steps her department has taken to secure our border and homeland from thousands of undocumented immigrant criminals. It's critical that Democrats fully fund DHS and do so immediately. I expect timely and complete responses to the members' questions for the record, and I say that directly to Secretary Nome. I also want to note the Government Accountability Office still doesn't have access to the Department of Homeland Security officials for the review that I've asked the Secretary to complete. That needs to be ironed out. Senator Durbin.
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