Chair Durbin has gaveled in. After opening comments by Durbin and Grassley, Senators Osoff and Tillis will have 30 minutes.
After that every senator is entitled to 20 minutes, but he hopes they will yield back their time.
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After that every senator is entitled to 20 minutes, but he hopes they will yield back their time.
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Durbin said overwhelming majority of senators on both sides asked good questions and were respectful.
But he calls out some of the senators who are trying to use this hearing as a platform to try out talking points for the 2022 election.
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But he calls out some of the senators who are trying to use this hearing as a platform to try out talking points for the 2022 election.
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Such as the claim that she is soft on crime. Yet she's endorsed by various police organizations.
But that claim "falls on its face."
Also some claim she is out of the mainstream on child pornography sentencing, but she is not.
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But that claim "falls on its face."
Also some claim she is out of the mainstream on child pornography sentencing, but she is not.
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Durbin says Congress is "not without fault" and references (without naming) Booker, the SCOTUS decision from 17 years ago that held that the guidelines have to be advisory, not mandatory.
Congress needed to fix it and make such sentences mandatory if they wanted to.
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Congress needed to fix it and make such sentences mandatory if they wanted to.
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ELECTIONS HAVE CONSEQUENCES. The chair can do want he wants. . .
Senator Cornyn was whining about Durbin offering his commentary on some of the R's comments.
Now he's claiming that Judge Jackson actually called Bush and Rumsfeld war criminals.
"I want to lodge a protest."
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Senator Cornyn was whining about Durbin offering his commentary on some of the R's comments.
Now he's claiming that Judge Jackson actually called Bush and Rumsfeld war criminals.
"I want to lodge a protest."
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Oh, FFS. Senator Kennedy is whining
Durbin said, no. It's called "Chairman's time" and that was used by Republican Senators when they chaired the committee.
"Democrats are going to use the same mechanism" that Republicans use.
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Durbin said, no. It's called "Chairman's time" and that was used by Republican Senators when they chaired the committee.
"Democrats are going to use the same mechanism" that Republicans use.
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Ossoff asks for the hearings to move forward with Senator Grassley, and then his questionings, and not bicker in the morning.
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Senator Grassley is asking about records raised by Senator Cruz. Cruz asked about probation pre-sentencing reports in the child pornography cases and says no Rs had access to that information.
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He said he wants the probation office recommendations. He is unhappy that references to those reports were used to undermine the R's arguments about her sentencing records.
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He says he wants 48,000 papers of records from the period she was on the sentencing commission.
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It's @SenOssoff's turn. He said he was thinking of asking Judge Jackson was a coffee or tea drinker but decided that was too personal
He begins with an invocation of praise or prayer. "Democracy is the exception and not the norm" and said he is thankful for this proceeding
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He begins with an invocation of praise or prayer. "Democracy is the exception and not the norm" and said he is thankful for this proceeding
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@SenOssoff Ossoff begins sharing her brother's story and asks her to introduce her brother to the American public. Her brother followed in a long family tradition of public service including parents. They looked up to their uncles (police officers).
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Brother went to Howard University and then to Baltimore as a police officer. It was stressful for the family as it is a dangerous profession.
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KBJ: "I grew up with family members who put their lives on the line. I understand the need for law enforcement . . holding people accountable for their criminal behavior. I also believe . . very strongly in our Constitution and the rights that make us free."
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Her brother also joined the infantry "boots on the ground." He believed strongly in the protection of the country and if he was going to be leading he wanted to be out front.
And when we responded to 9/11 we had to uphold our Constitutional values.
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And when we responded to 9/11 we had to uphold our Constitutional values.
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This is why she worked to protect the country as a public defender.
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Ossoff says our Constitution denounces monarchism and creates a republic.
You wrote an opinion that included the statement that "Presidents are not kings."
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You wrote an opinion that included the statement that "Presidents are not kings."
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Our constitution is designed to reject tyranny. Framers "split powers the of a monarch in several different ways"
One way was vertical split powers between federal government and the states
Another way was to prevent federal government from itself becoming too powerful
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One way was vertical split powers between federal government and the states
Another way was to prevent federal government from itself becoming too powerful
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The separation of powers between legislative, executive, and judicial branches is crucial for our liberty. Each branch must operate in their own sphere.
Judges cannot make law and cannot be policy makers.
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Judges cannot make law and cannot be policy makers.
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Discussion now of the 6th Amendment and the importance of the 1963 Gideon v. Wainwright decision. Note this was an unanimous decision.
Here's a summary of the holding from the Oyez site.
oyez.org/cases/1962/155
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Here's a summary of the holding from the Oyez site.
oyez.org/cases/1962/155
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Ossoff is now asking about Brandenburg v. Ohio. Here's a summary of the holding from the Oyez site.
oyez.org/cases/1968/492
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oyez.org/cases/1968/492
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KBJ: "Our democracy survives because the government is restrained and cannot censure its citizens."
Ossoff ask about her approach to press freedom.
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Ossoff ask about her approach to press freedom.
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KBJ: well-established case law that supports the freedom of the press to be able to write and report. Sometimes there are things that get published that may not be accurate. So higher standard of liability in NY Times v. Sullivan. Actual malice test
oyez.org/cases/1963/39
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oyez.org/cases/1963/39
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Ossoff asked KBJ to discuss the 4th Amendment. She explains 4th amendment protects individual liberty by restraining gov't in engaging in unreasonable searches and seizures. SCOTUS has tests and ways of evaluating whether it's unconstitutional. This is very fact-specific
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We have Senator Tillis thanking KBJ and other niceties. "You are a role model family."
He said he turned to a channel he never watches to see what they were saying and said they were ridiculing his colleagues. Not sure where this is going.
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He said he turned to a channel he never watches to see what they were saying and said they were ridiculing his colleagues. Not sure where this is going.
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He asked about her debate competitions.
She said it was speech and debate from middle school and high school and stopped.
He said he did too. And said he was assigned a topic and did not get a choice.
She said she did original oratory, but once did that form of debate.
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She said it was speech and debate from middle school and high school and stopped.
He said he did too. And said he was assigned a topic and did not get a choice.
She said she did original oratory, but once did that form of debate.
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Tillis is asking her perceptions of the arguments on court expansion.
She question is whether to expand beyond 9 and some expressing concerns the Court has become politicized and unbalanced. Other say it's inappropriate and war of adding new justices with new president.
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She question is whether to expand beyond 9 and some expressing concerns the Court has become politicized and unbalanced. Other say it's inappropriate and war of adding new justices with new president.
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Tillis says that if SCOTUS says that the workload is too great and they want to expand the court, then let Senate Judiciary discuss.
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After that long lecture on Court expansion, Tillis is asking about her role on a brief related to protests at an abortion clinic.
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KBJ said brief was from around 2000. Said it was a first amendment set of arguments that the lawyers at her law firm had clients who want to make arguments about buffer zones around a clinic.
She said the buffer was viewpoint neutral.
(Law was later struck down).
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She said the buffer was viewpoint neutral.
(Law was later struck down).
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Tillis has questions about early Covid and prison release recommendations.
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KBJ said she decided not to release the defendant (Mr. Wiggins) in that case. Tillis was not reading the whole statement. All he read was the argument Wiggins was making, but she decided to keep him in jail.
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Tillis accuses KBJ of being unduly "compassionate" when instead she explains that she follows Congress's sentencing law and also believes clear communication to defendants is about public safety and pushes the defendant to take responsibility for their criminal behavior.
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Tillis says that more than half of people she sentence re-offended. I don't see how that is her fault. That says more about the prison system and the defendants themselves.
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Before starting second round of questions, @SenatorDurbin holds up a pocket copy of the Constitution.
"We understand the inherent wisdom of the document in the fact that we're still here some 230 years later."
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"We understand the inherent wisdom of the document in the fact that we're still here some 230 years later."
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Durbin adds, however, before getting much into it, you get to Article I, sec. 2, which talks about who will be counted for apportionment among the states and there is that horrible language about 3/5ths of a person. This was a reference to people who were enslaved.
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How do you move from the language of 1789 and the reality today and make it relevant. Comparing newspapers then to Twitter and Facebook today.
Is it okay for social media to tell a former president, you cannot publish here, asks Durbin.
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Is it okay for social media to tell a former president, you cannot publish here, asks Durbin.
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Okay. Need to take a break for a couple of hours for work. . .
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It's Cotton asking what the difference is between calling someone a war criminal and saying they allegedly committed a war crime?
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What an absolute dick. He said what she was saying is "procedural gobblegook."
She said later on the habeas petition became against President Obama.
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She said later on the habeas petition became against President Obama.
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"Thank you for the opportunity to explain" is my new go-to. Such the perfect response especially to someone who is mischaracterizing what you did or meant.
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"It's not about the individuals" originally named. For a habeas petition for her Gitmo client, need to sue the president and secretary of defense. Can't sue the US itself. That's why later her client was suing President Obama.
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Refreshing. @SenBooker is saying what we are all feeling. "You have sat with grit and grace . . during the time people are saying things that are out of the norm."
People are taking around 1,000 cases that takes days, weeks, months to decide and trying to pick pieces out.
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People are taking around 1,000 cases that takes days, weeks, months to decide and trying to pick pieces out.
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He said "I feel bad that there was a judge that was mentioned" who sits in Hawley's state. What will happen when they go below the sentencing guidelines.
"You are deciding completely in the norm.
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"You are deciding completely in the norm.
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💯Now Booker is quoting from a piece in the conservative National Review entitled "Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography."
"The allegation appears meritless to the point of demagoguery."
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"The allegation appears meritless to the point of demagoguery."
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Booker asks why Committee didn't raise when she was under review for the D.C. Circuit.
"You are a mainstream judge" when it comes to sentencing.
They are claiming you called Bush a war criminal. "Come on, that is painful."
Plus client was complaining about torture.
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"You are a mainstream judge" when it comes to sentencing.
They are claiming you called Bush a war criminal. "Come on, that is painful."
Plus client was complaining about torture.
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"You were endorsed by the largest organization of rank and file police officers." The FOP. And was endorsed by the chiefs of police organization and a third. Plus a brother who'd already been a police officer went to serve in military after 9/11.
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Booker is cooking here. You have to watch this. Reminds us that Rs now praise Constance Baker Motley, but back in the day they called her a communist.
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❤️Any senator could yell as loud as we want "Venus can't return a serve" or "Beyonce can't sing" or "astronaut Mae Jemison" didn't go all that high. "But you know what, they got nothing to prove. As it says in the Bible, let the work I've done speak for me. You have spoken."
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"I'm not going to let anyone in the senate steal my joy."
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Pick up thread here
https://twitter.com/jentaub/status/1506743333280002049?s=20&t=93CqbDoOgcvnbUqMsHLnTg
Booker: "You are a person that is so much more than your race and gender. You're a Christian, you're a mom, you're an intellect, you love books, but for me it's hard to look at you and not see my Mom. Not to see my cousins."
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"There is a love in this country that is extraordinary. You admitted it about your parents. They loved this nation [and] they didn't stop loving this country, even though this country did not love them back."
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So beautiful. Booker says, she had five more people to go through. Then the full senate. And it will get rough.
"But don't worry, my sister, don't worry. God has got you. And how do I know that? Because you're here, and I know what it's taken for you to sit in that seat."
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"But don't worry, my sister, don't worry. God has got you. And how do I know that? Because you're here, and I know what it's taken for you to sit in that seat."
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Booker speaks now about Harriet Tubman following a star that was harbinger of hope. "She led troops in the Civil War." She never gave up.
She never stop looking up.
Today, you're my star. You are my harbinger of hope.
This country is getting better and better and better.
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She never stop looking up.
Today, you're my star. You are my harbinger of hope.
This country is getting better and better and better.
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Hearing is on a break
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Gaveling in. Time for the buzz kill.
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Leaning back in his chair, holding a cup of coffee, Kennedy unwinds his long question.
"Help me understand the following" says Kennedy. "We have a judicially-created doctrine . . .called substantive due process. . . ."
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"Help me understand the following" says Kennedy. "We have a judicially-created doctrine . . .called substantive due process. . . ."
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KBJ: "Supreme Court interprets provisions of the Constitution" as some "don't on the text in every circumstance answer the question before the Court"
What is covered by the words "due process" is a question the Court has to ask, she says
Kennedy: isn't that making policy?
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What is covered by the words "due process" is a question the Court has to ask, she says
Kennedy: isn't that making policy?
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Reader, Kennedy is correct here. Of course policy (and law) is created through the interpretation of the words in the Constitution.
A moment of honesty about how SCOTUS does and must work.
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A moment of honesty about how SCOTUS does and must work.
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Good. KBJ said, "there are policy determinations that are made by vote." But we have a Constitution that protect certain rights and does so in a circumstance when those rights enumerated or not might be things that the people have disagreed with. That's the tension.
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Kennedy says it's not that he disagrees with all of the rights that SCOTUS has recognized. But, he said "I don't think you talked honestly enough about how those rights should be adjudicated."
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Kennedy quotes Ron Klain (before he was COS). "I hope the Supreme Court will intervene whenever the nation's conscience and laws need a jolt in a progressive direction."
He asks whether she agrees.
KBJ: That's a political statement made by someone in the executive branch."
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He asks whether she agrees.
KBJ: That's a political statement made by someone in the executive branch."
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I have to take a break to get dinner together.
More after.
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More after.
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Actually. I’m going to keep the memory of Cory Booker in conversation with KBJ in my mind and call it quits for this thread for the evening.
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