Crews checked the right color and ideology boxes. Other than that, he’s got nothing.
Republican senators are calling President Joe Biden’s nominee for the U.S. District Court of Colorado “unqualified” for the job after the jurist was stumped by Sen. John Kennedy’s, R-La., questioning at his confirmation hearing last week.
Kato Crews, a magistrate judge, failed to answer Kennedy’s query on how to “analyze” a Brady motion, nor was he able to “define what a Brady motion is” when asked point-blank to do so. A Brady motion is a legal process in which a criminal defendant can force the prosecution to provide any evidence in a case that might prove the former to be innocent.
A federal law passed in 2020, and co-sponsored by Senate Judiciary Chairman Dick Durbin, D-Ill., requires all federal judges to affirm that prosecutors are obligated to hand over any potentially exculpatory evidence to the defense. It’s named after the landmark Supreme Court case Brady v. Maryland, which held that withholding evidence that might otherwise prove someone to be innocent is a violation of one’s due process rights.
Sen. Tom Cotton, R-Ark., a member of the Senate Judiciary Committee, said of Crews’ inability to answer the question, “Skill and merit are low on Joe Biden’s priority list. The only requirement that matters is political fealty to the party line.”
His colleague on the panel, Sen. Mike Lee, R-Utah, accused the Biden administration of being willing to “sacrifice” knowledge of the law to advance their own politics.
“I would be hard-pressed to hire a law clerk who couldn’t answer Senator Kennedy’s questions,” Lee told Fox News Digital. “But this administration is willing to sacrifice understanding of fundamental tenets of the law and a basic understanding of the Constitution in exchange for woke identity politics.”
Sen. Rick Scott, R-Fla., told Fox News Digital that Biden’s nominees should be treated the same as any other job applicant when being considered for a role.
“This is yet another example of the Biden administration advancing an unqualified candidate who is incapable of answering even basic, fundamental questions about core legal concepts,” Scott said.
He added, “In any other job, a candidate failing to answer this simple of a question would be immediately disqualified. Why should Congress operate any differently?”
During Crews’ confirmation hearing on Wednesday, he was asked by Kennedy how he would analyze a Brady motion.
“Senator, in my four and a half years on the bench, I don’t believe I’ve had the occasion to address a Brady motion in my career,” the judge said.
Asked what a Brady motion is, Crews replied, “In my time on the bench, I’ve not had the occasion to address that, so it’s not coming to mind what a Brady motion is.” He later added that he believed it was “something regarding the Second Amendment.”
Kennedy has been known to stump judicial nominees with straightforward process questions before. In January, Spokane County Superior Court Judge Charnelle Bjelkengren told Kennedy that “Article V is not coming to mind” after being asked what that article does in the U.S. Constitution.
Article V of the US Constitution describes the amendment process:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
All of Biden’s nominees and appointments have similar problems.
His clueless FAA nominee doesn’t know anything about aviation.
Ketanji Brown Jackson, the village idiot who can’t describe a woman is now on the SCOTUS bench. She’s also a black radical, an anti-white bigot, pro-illegal alien, goes easy on pedophiles, and proudly represented Islamic terrorists.
His former high-level hire at the Department of Energy’s Office of Nuclear Energy, Sam Brinton, is a drag queen who wore stilettos to work, discusses sex with animals, and calls Tony Fauci “daddy”. He was fired for stealing women’s luggage at airports.
His HHS Secretary Richard (“Rachel”) Levine, a guy in a dress.
Pete Buttigieg the corrupt incompetent douche and failed mayor of South Bend, Indiana, has zero qualifications for the job of Transportation Secretary. He got the position for political payback and because he checked the ‘gay’ box.
All the requisite ideological, gender identity, and cultural groups are checked for Biden’s requirements. Merit and substance have no bearing on any of his choices.