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West Virginia State Sen. Stuart testifies for Health and Human Services position

State Senate Judiciary Committee Chairman Mike Stuart told members of the U.S. Senate Committee on Finance Thursday that he would follow the law in guiding the U.S. Department of Health and Human Services as its next general counsel. (Photo courtesy of the U.S. Senate Finance Committee)

CHARLESTON — State Senate Judiciary Committee Chairman Mike Stuart was before a different committee Thursday as he prepares for a confirmation as the U.S. Department of Health and Human Service’s top attorney.

Stuart, R-Kanawha, was one of several federal nominees before members of the U.S. Senate Committee on Finance Thursday morning. The committee will meet in the near future to vote to forward Stuart’s nomination to the full U.S. Senate.

“My nomination and the opportunity to be here today as a nominee is a testament to the opportunity of America,” Stuart said. “If you were to have told me as a young boy that one day I would be sitting here testifying before members of the United States Senate in consideration of a position in a president’s administration, I would have told you impossible. Nothing, however, is impossible in America.”

Stuart was nominated in February by President Donald Trump to be the general counsel for the Department of Health and Human Services (HHS), serving Secretary Robert F. Kennedy Jr.

“I want to begin by thanking President Trump for his confidence in me and for nominating me to this important role to support his vision for America,” Stuart said during opening remarks. “I want to thank Secretary Kennedy for his support and confidence in his leadership to make America healthy again. I also want to thank all the men and women of the HHS who work hard each day in capacities that touch nearly every aspect of American life.”

Stuart, an attorney in private practice, was elected in 2022 to the newly redistricted 7th Senatorial District representing Lincoln, Boone, Logan counties and southern Kanawha counties. He was appointed by state Senate President Randy Smith, R-Preston, as the chairman of the Senate Judiciary Committee beginning with the 2025 legislative session that ended earlier this year.

Previously, Stuart was the U.S. Attorney for the Southern District of West Virginia from 2018 to 2021. He was appointed by Trump during his first term and confirmed by the U.S. Senate. Stuart was a state chairman of Trump’s election campaign in 2016. He previously served as chairman of the West Virginia Republican Party.

Stuart touted his work as U.S. Attorney, including investigations into two former justices of the West Virginia Supreme Court of Appeals leading to pleas and convictions; negotiating a settlement involving children with disabilities; successful Medicaid fraud convictions; and prosecutions of prescription and illegal opioid distributors and dealers.

“During my term, we took enough fentanyl off the streets to kill more than 40 million people in a state of only 1.75 million,” Stuart said. “Still today, I carry a wallet…filled with the beautiful faces of the victims of the opiate epidemic while I was U.S. Attorney. These are the pictures that truly haunt me in the silence of the dark of night.”

During his opening statement, Stuart said he would provide legal guidance to HHS and ensure the department is following the law at all times to ensure services are provided.

“As general counsel for HHS, I’ll make it a priority in developing an effective team with a focus on continual improvement in training,” Stuart said. “I’ll build multidisciplinary teams to address critical issues. I’ll place a heavy priority on identifying and eliminating fraud. Finally, I’ll work earnestly to build a spirit in collaboration with members of Congress. All of this I will do with a sense of urgency.”

Stuart came under questioning from committee members, including Senate Finance Committee Chairman Mike Crapo, R-Idaho, who asked Stuart about information the committee received regarding unspecific campaign finance issues with Stuart’s recent campaigns for state Senate and attorney general.

“I’d like to give you an opportunity to respond to accusations that you have a conflict of interest with respect to your campaigns for the West Virginia State Senate and for Attorney General respectively,” Crapo said. “In your campaigns for the state Senate and for attorney general in 2022 and 2024, did you fully comply with the West Virginia campaign finance law?”

“Yes, I did, and I’ve always done everything I can to comply with the law,” Stuart said. “I take great pride in my record. Almost 30 years as a professional, there’s never been a whiff of controversy in terms of my character, my conduct, or my ethics.”

Ranking Democratic member Ron Wyden, D-Ore., asked Stuart about the rescinding of guidance by the Trump administration to hospitals under the Emergency Medical Treatment and Labor Act (EMTALA) that previously required hospitals to provide emergency abortion and other reproductive health care.

“One of the first things they wanted to do was to get rid of that guidance, and women have been suffering – even dying – and there’s even more chaos and confusion,” Wyden said. “Do you believe that EMTALA, the federal law that I just described, requires women to become septic or at risk of death to receive emergency reproductive medical care.”

“The answer to that question is nothing in the law prevents emergency treatment for pregnant women. Nothing in the law today prevents that,” Stuart said.

“Let’s do it this way, because you’re ducking the question,” Wyden responded. “What would you do to make sure that hospitals comply with this law that I just read to you?”

“Well, my answer is that I’m a lawyer, not a doctor, but I will provide guidance with respect to the law,” Stuart said. “I believe the law is clear. Nothing in the law today prevents pregnant women from getting treatment when they’re at a hospital.”

Stuart ran for attorney general in 2024 to succeed former Attorney General and now-Gov. Patrick Morrisey but lost the primary race to current Attorney General J.B. McCuskey. McCuskey was one of 11 state attorneys general that signed a letter Wednesday expressing their support for Stuart’s HHS appointment.

“Senator Stuart’s extensive legal background, proven leadership in public service, and deep understanding of healthcare policy make him exceptionally well-qualified for this critical position,” the attorneys general wrote. “Senator Stuart brings a distinguished legal career spanning private practice, federal service, and state government.”

“The Department of Health and Human Services requires legal counsel who can navigate complex health care regulations, advise on emerging public health challenges, and ensure compliance with federal law while supporting the Department’s mission to enhance the health and well-being of all Americans,” the letter continued. “Senator Stuart’s combination of legal expertise, legislative experience, and unwavering commitment to public service makes him ideally suited for this role.”

Steven Allen Adams can be reached at sadams@newsandsentinel.com.

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