The Senate Judiciary Committee approved President Donald Trump’s nominee to lead the Justice Department’s criminal division on Thursday, despite concerns from Democrats. Sen. Sheldon Whitehouse, D-R.I., said Thursday that he was concerned that Benczkowski, a former Republican Judiciary Committee staffer, joining the criminal division could compromise the wall between Special Counsel Robert Mueller’s investigation and Attorney General Jeff Sessions, who served on the committee while in the Senate and has recused himself from the Mueller investigation.

The Justice Department asked a court to dismiss the lawsuit brought by a watch dog group alleging  that President Trump is in violation of the Constitution’s Emolument clause. The filing from the federal government on Friday argued that neither the Citizens for Responsibility and Ethics (CREW), nor the businesses that have joined the lawsuit, have the standing to bring the legal challenge, while asserting that the Emoluments clause does not apply to the sort of profits Trump is benefiting from through his businesses while in office.