Why Should Delaware Care?
Attorney General Kathy Jennings has become an integral part of a Democratic bloc of attorneys general opposing the early actions of President Donald Trump. The state’s top prosecutor also recently announced her campaign for a third term in 2026.
Last week, Delaware Attorney General Kathy Jennings joined her fourth lawsuit against the Trump administration in the last six weeks, seeking to prevent the new Department of Government Efficiency from gaining access to sensitive personal records.
She has been part of a coalition bloc of Democratic attorneys general that has become the chief foil to President Donald Trump, winning early injunctions against orders to end birthright citizenship, freeze federal funding and restrict medical research dollars.
The longtime prosecutor is also preparing also discussed her outlook for changing state policy under Gov. Matt Meyer, who was once her boss in New Castle County, as well as her own political future.
Spotlight Delaware met with the attorney general this week to discuss all this and more. The entire conversation can be heard in an exclusive podcast. A selection of the conversation, edited for length and clarity, is offered here.
You were attorney general during President Trump’s first term. So when you think back to that time versus what you’ve seen so far with Trump 2.0, what feels different this time?
This term is very different from President Trump’s first term.
I was sworn in Jan. 1, 2019, and it’s safe to say we hit the ground running. By the time Trump’s first term ended, Democratic attorneys general had filed over 100 lawsuits, including on subjects as far ranging as the Muslim ban, questions that were appropriate or removed from the Census, to suing the post office at the end of his term because there was a deliberate slowdown of the mail that was affecting early voting, especially mail-in voting, and we had act, and we were successful in that endeavor. I never thought I would be suing the post office, but I would say we won approximately 80% of those lawsuits.
This administration is darker and more ominous. I say that because there is a lot more planning and preparation that went into the executive orders that have come from on high this time.
President Trump is acting more like a monarch than a president. We have three branches of government, but he is ignoring Congress when he wants.
So Democratic attorneys general throughout the country, almost half the states, including the District of Columbia, have united to come together and prepare for this moment in time. We’ve been working for almost a year on this ‘what if’ scenario that has come to pass. Project 2025, the Heritage Foundation playbook for a new Trump administration, is being played out right now.
When you try to remove the right of a baby born in this country to become a United States citizen, you are denying that the 14th Amendment exists. That amendment was passed at the end of slavery, and for the purpose of enabling the children of slaves to be deemed citizens of this country. We look back on that and we say, ‘Of course,’ and yet he is ignoring it completely.
He is ignoring Congress in issuing a funding freeze on all federal money that comes into our states. That’s $4 billion a year for the state of Delaware, and that’s just not money that goes to “the state.” It feeds seniors, that’s Meals on Wheels, that’s Head Start, that’s policing in our state. That’s the ability in the Delaware Department of Justice to engage in federal task forces that combat violent crime in our state very successfully. It really affects the everyday lives of Delawareans.
You were on a constituent call earlier this week with Sens. Coons and Blunt Rochester and Rep. McBride. What have your conversations been like with our federal delegation about the role of Congress and whether or not we can expect a pushback?
I meet regularly with our congressional delegation. I’m so proud of the work they do, and each one of our delegation members is the leader in their own right. They are fighting. They are working with moderate Republicans to try to get a coalition together that can make a difference.
Republicans are hearing in their districts and in their states, people are angry. They’re upset, and they don’t they did not elect Trump to do this kind of work.
We all want a more efficient government. I think at every level of government, whether it’s state, federal or local, there are really good gains to be made. I am sure of that effort, but it has to be done in accordance with the law.
You can’t just do it by edict. He is behaving like a king, and no one elected him king.
Our federal delegation noted that really they see states’ attorneys general as the biggest opposition to the plans of the president. It’s a role clearly you’ve embraced, and a coalition of primarily Democratic attorneys general have been doing the same. Did this coalition exist previously or was this something you guys created specifically in anticipation of what you thought might be coming down the pike?
I’m co-chair of our Democratic Attorneys General Association, and I am so proud of each and every one of the attorneys general in the states that we work with – they are really good lawyers. When we fight, we win.
We won in the court on birthright citizenship that will go to the United States Supreme Court. We have been winning on the federal funding freeze. The administration has been ordered to unfreeze those funds. We’re not sure there’s 100% compliance, and we are watching it like hawks, so we filed a motion to enforce.
We are winning on Elon Musk’s and his minions’ invasion of the U.S. Treasury with no lawful right to walk inside and start looking at the private personal information, including Social Security numbers, etc., of our United States citizens, including Delawareans. We have been fighting that and we have been winning.
I believe that we are on the right side of the law. We are not going to fight everything this man does, but when it matters, we’ll be there.
Take me into that. If you hear of something that’s concerning, is there a Democratic AG text thread that says, ‘Hey, we need to take a look at this?’ How often is this coalition actively talking?
It’s kind of all of the above right now. We meet every day, and we have been since he was sworn in, and every day we get together and talk about the big issues. What comes next? How do we keep fighting this fight? How do we resource it most effectively?
In reality, most of the bigger states are going to lead because they have a lot of resources. We’re grateful for that. In Delaware, we have two lawyers who work in our Impact Litigation Unit, and they have other job duties. They handle our opioid lawsuits. They handle multi-state actions that deal with the harms of social media or antitrust issues, etc. And it’s remarkable. They have been working night, day, and weekends to keep up.
For those who might say, ‘Let New York take the lead.’ What is the value to Delawareans to make sure that the Delaware AG is at the table with her colleagues?
[Letitia] is terrific. She is one of our finest leaders. And in a number of cases, her office is taking the lead, but not all the cases. There are cases where the state of Washington is taking the lead, for instance.
It’s important for us to divide up the work, but also to recognize the amount of work that needs to be done. That’s what we do each and every day in our calls.
I think some of the Trump administration’s thinking on these cases is to get these cases before the Supreme Court where they may or may not uphold their position. Does it concern you that’s the final straw and the court has a significant number of justices seated by President Trump and has a conservative majority right now?
I would be very naive not to have considered that, but I’m a great believer in the rule of law. I think that every justice on the United States Supreme Court has to be concerned about their legacy.
No justice and no court wants to be the last court to uphold the Constitution in our country. They cannot duck that role. They will not duck that role. They have to. And they do believe in the fundamental process, processes that make our country great.
I believe our Supreme Court will take these lawsuits very seriously, and they will do their best to preserve our democracy.
Switching gears a little bit to talk about some state issues, you served a year as Chief Administrative Officer under now Gov. Matt Meyer when he was New Castle County executive. What is something that maybe the public doesn’t know about Matt that would help us understand who he is?
Something that people don’t know, but they wouldn’t be surprised to hear: He’s like a math genius. He does long division in his head.
He truly has just this gigantic mind that tells him how to analyze data, very complex data. He’s a big thinker, and it’s always an interesting conversation with our governor, because he is not shy about asking the right questions, analyzing the bigger issues, and being strong and courageous for the people in our state.
So I have a really good relationship with him, and I look forward to working with him. Will we agree on every issue? No, and I’m independently elected, which is also a hallmark of our democracy in Delaware. But I think it’s important for us to try, now more than ever, to come together as one.
Matt has proposed gun control measures like banning open carry anywhere in the state, as well as mandatory waiting periods for firearms. Are these things that your office think are necessary measures or do you have other priorities that you would like to see accomplished?
First, I want to see permit-to-purchase implemented. It had an 18-month delay between the passage and its effective date. So I can’t wait for that to go into operation, it will make a huge difference.
Built into permit-to-purchase is a requirement that people get properly trained in the operation of a gun and that they know the laws surrounding it, and that they know how to keep that gun safe. That means safe storage, not leaving it in your car, etc, and keeping children away from guns.
The final step of permit-to-purchase is to apply to the Department of Homeland Security for a permit that will cut down on straw purchases. Straw purchases are a major source of guns getting into the hands of violent criminals in our state. So, that’s going to go down. Gun suicides are going to go down, and gun homicides are going to go down. This law has tremendous potential. I just want it to start.
This month, you announced that you’ll be running for re-election in two years. Why the early announcement and why the confidence that you’re going to want to run two years from now, especially amid such a tumultuous period?
We need a steady hand at the helm. And there was a lot of speculation out there, because people talk.
I love this job. I love the people I work with, and I love our state. I grew up here. I grew up in the city of Wilmington. I love our city, I love our state, and I think there’s still work to be done, and I want to do it. I want to keep our people safe. Want to make sure their rights are protected. I want to make sure that this is a place where people can come and live and raise their children and not fear all the things that are happening now.
We need somebody who can fight against the destabilization of our country and really work hard to get us back to a place where there’s respect for the rule of law.
Your name has been floated as somebody that could be a gubernatorial candidate at some point in the future. Is running for governor something that you would ever entertain?
This is the job I love. I think there is no better job for anyone who is a lawyer who cares about public service than the job I already have.
I heard former Sen. Tom Carper give a speech where he said, ‘The two most important days in your life are the day you’re born, and the day you figure out why.’
This is my why, and I get to work with amazing people each and every day.
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