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Abby philip is with us. so jeffrey, what is your reaction to this exchange. republican senator hawley's comments. >> this was extraordinary. you have a judge who has been on the bench for ten years almost. and we had the entire half-hour of senator hawley's question about a single case where he got to recite the grisly details of, and say pedophilia over and over again. this is about appealing to the qanon audience this cult that is a big presence in republican party politics now, that is, where senator hawley is trying to ingratiate himself with that group and run for president with their sup...

That judges are doing the work of assessing in each case a number of factors that are set forward by congress. all against the back drop of heinous criminal behavior. but the guidelines are no longer mandatory. congress has not corrected, as you would say, the supreme court's determination of that. justice scalia's decision that the guidelines are not mandatory. congress has not said that. and congress has given judges factors to consider. this in my view was an unusual case that had a number of factors that the defendant was pointing out. that the government was pointing out. the probation of...

Record but it was there. i described the videos that we have. you say earlier in the case, you talk about how heinous these crime are. and you described how heinous it is, to your credit. and yet here you are giving him three months and apologizing to him and saying you feel sorry for the anguish it caused him and saying you think sex offenders are truly shunled in our society. so talk about that. help me understand. is he a victim? is that what you men? >> senator, i again don't have the entire record. i remember in that particular case, i considered it to be unusual. in part for the reasons ...

He presented all of his diplomas and certificates and the things that he had done, and argued consistent with what i was seeing in the record, that this particular defendant had gotten into this in a way that was, inconsistent what i saw. part of what a judge is doing as required by congress, is thinking about this case, thinking about unwarranted sentencing disparities. that's in the statute. other cases, other determinations that a judge may have made about this. i don't remember in detail this particular case but i do recall it being unusual. and so may only point to you is

Evaluation of cases. in every case consistent with congress's requirements, the probation office prepares a pre sentence report in which they review all of the statutory factors concerning sentencing. congress has a statute for sentencing. it requires judges to consider the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence imposed to promote various purposes of punishment. there are many purposes listed in the statute. and the probation office is the arm of the court that does factual investigations in every criminal case unles...