A Senate questionnaire asked him about elements that might present potential conflicts of interest, including family members. Ms. Donaldson took notes, which the White House provided to the special counsel's office. She was recently interviewed by investigators as part of Special Counsel Mueller probe's examination of Russian interference in the 2016 election (with an emphasis placed on the firing of former Federal Bureau of Investigation director James Comey), according to reports.
Talley's relationship with a member of the White House Counsel's Office could cloud his judgement, Rosenson adds: "Let's say he was asked to rule on an executive order that Trump put forward".
The Senate judiciary committee advanced Talley's nomination along a party-line vote Thursday and a full Senate vote is expected soon.
Nonetheless, it's not the only problem Talley has had with his nomination so far.
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.
In a statement following The Times story, Democratic Sen. Dianne Feinstein said Monday.
On Sunday, The Washington Post reported that Talley "has practiced law for only three years and has yet to try a case", a fact that many experts say makes him unqualified for a lifetime federal judgeship.
"I've already stated my opposition to Brett Talley's nomination to be a federal judge in Alabama. But by failing to disclose that his wife is one of President Trump's lawyers, Talley has betrayed his obligation to be open and transparent with the Senate and American people".
The Trump pick has a few other controversies in his past that have come to light in recent months.
The White House did not immediately return a request for comment from the Daily News.
"Mr. Talley served as deputy solicitor general for the state of Alabama, now serves in the Department of Justice's Office of Legal Policy and was recommended by Alabama's USA senators", White House press secretary Sarah Huckabee Sanders said in a statement to The Times. "He's an unusual nominee in that he's never presided over a trial - you can't discount his Harvard Law degree, but it's pretty much unheard of for someone to be nominated for a federal judgeship without having presided over a trial". Since 1989, the group has unanimously rated only two other judicial nominees not qualified. In September, Trump hit 65 combined nominations between appeals courts, district courts, the US Tax Court, and the US Court of Federal Claims.