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April 5, 2022
Kavanaugh confirmation, the white house shared judicial material with republicans and not democrats? >> if i recall, there was some discovery issues in the kavanaugh case involving several years of his performance in the white house. which your own counsel decided -- >> thats disclosure to the whole committee. is there anything else that democrats have access to that you have not shared? in particular, the pre-sentence reports. if they were helpful, i suspect you would have made them available. ...
April 5, 2022
Were you assigned that work as well? >> there was one detainee who i had represented as a federal public defender who was brought into my firms practice, unbeknownst to me. when i arrived at the firm, the attorneys who were working on that case recognized that i had previously been a lawyer who had represented this particular detainee. and asked if i would help with his habeas petition at that stage. >> i think you clarified that earlier today. and you served as counsel of record on amicus brief...
April 5, 2022
For hawley to suggest that all she needs is a sentencing guideline is misinformed. and judge jackson threw it back to congress and said, you laid out factors for judges to consider. it doesnt stop at sentencing guidelines. we have actually factor in the circumstances and the nature of each case. you cant treat cases as a one size fits all. and judge jackson said, this isnt a numbers game. but lets just take this all back, ari. at the end of the day, there is a coalition, the national coalition a...
April 5, 2022
Court has shown an increasing readiness to overturn precedent. this is true for longstanding ones and recent ones. there was a decision that weakened public sector decisions. justice alito said he wanted that to be challenged. this is called signaling. justice alito definitely signaled his desire to revisit that decision. so, yes, these groups, they got the message. they brought case after case to meet the criteria that justice alito laid out. although they came close in 2016, the court was stuc...
April 5, 2022
Ruling. you cant ignore the fact that there is precedent in your district that handles a case in a particular way. and with respect to the mcgahn case, the precedent wasnt just close, it was nearly identical. the myers case involved the former white house counsel and the argument by the executive that the former white house counsel had absolute immunity with respect to a request by the legislature that she provide testimony. my case involved a former white house counsel who was claiming absolute...
March 22, 2022
0 facts, im applying the law in as neutral and consistent a manner as i can. because that is the duty and requirement of the judicial oath. im also very conscious of the limits of judicial authority, of the restrictions that exist in the law to prevent me as a judge from becoming a policymaker. this means that i carefully scrutinize my jurisdiction. it means that i look at the text and focus on the text and the intentions of the legislatures that drafted that provision. or the intention of the f...
October 8, 2019
Kind of demand for political quid pro quo or anything along those lines. what weve seen however is some very clever teeing up of information and kind of a three-way pitch and toss between the democrats, the media, and whats going on with this so-called whistle-blower. now theres a cycle stomach second whistle-blower that we are led to believe is added to e narrative but i think what is emerging as the second whistle-blower is actually the source for the first whistle-blower, which means its all ...
August 9, 2019
To prove assent in a setting where there is no one else present, generally. basically youre asking men to prove the impossible. its already -- many schools have put the burden on men in many ways by not allowing the confrontation of witnesses. by not allowing evidentiary burdens to be appropriate, the way they are in criminal court, and many other presumptions to make it very orwellian to be a man. >> tammy: i think what we have both seen and what most american women have seen, and we wanted a s...
August 9, 2019
Presumption that the accuser, and we saw this in the kavanaugh case, the presumption that the accuser was telling the truth, expecting the accused to prove the negative. i dont see this being moved at all. i dont see it staying only within these cases. it would be in other cases as well, other fields. >> college students today are being taught that the first amendment doesnt apply, that the second amendment should not exist, now we are talking about the sixth amendment, all the rights, along wit...
July 26, 2019
Tonight, we offer a path forward to hold them accountable. joining us now, u.s. attorney joe jen about. and former deputy assistant general john you. whats the first form of action here? should lindsey graham hold hearings as chair and bring the real authors of this report before the committee? and find out why this recusal was not done and whether any conflict check was done in this case? >> absolutely. it wont do any good to file complaints with bars. lindsey graham has a wonderful opportunity...