Lawrence VanDyke, a federal appeals court nominee, broke down in tears at a Senate Judiciary Committee hearing Wednesday.  VanDyke -- the former Solicitor General of Montana -- became emotional in response to one of many accusations disclosed in a letter from the American Bar Assocation.

After 60 interviews with lawyers, judges, and peers, the American Bar Association Committee determined Lawrence VanDyke as 'Not Qualified' to be a Ninth Circuit Judge in the United States Court of Appeals.  The ABA's letter goes on to say VanDyke is 'arrogant, lazy and an ideologue' lacking in knowledge of day-to-day law practices.  The letter also raises concerns on whether or not VanDyke would be fair to the LGBTQ community.

When asked about this in the Senate Judiciary Committee Hearing Wednesday, VanDyke broke out in tears.

"Did you say that you wouldn't be fair to members of the LGBT community?" asked Democratic Senator Joshua Hawley of Missouri.

VanDyke's response was, "I'm sorry, no I did not say that. I do not believe that. It is a fundamental belief of mine that all people are created in the image of God and they should all be treated with dignity and respect, Senator."

On Monday, the day before ABA's report went public, Attorney General Tim Fox wrote a letter in support of President Trump's nomination of VanDyke.

Fox says he stands by what he says about VanDyke in his letter.

"He's probably one of the most competent and even-handed lawyers I've worked with and for the American Bar Association to conclude that Lawrence VanDyke is not qualified is a miscarriage of the process and I'm not sure who they talked to but my knowledge of Lawrence -- his work, his professionalism -- would tell me that he is highly qualified for the 9th circuit court of appeals and I know of no information that would suggest otherwise," says Fox.

VanDyke is one of several Trump appointees that have been deemed 'Not Qualified' for their positions by the ABA.

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