Original Broadcaster Captioning (Enhanced). Treat it as a searchable index of what was broadcast, not a quotation record.
00:00:00>> I LOVE C-SPAN BECAUSE I GET TO HEAR ALL THE VOICES.
00:00:03>> YOU BRING THESE DIVERGENT
00:00:05VIEWPOINTS, AND YOU PRESENT BOTH
00:00:09SIDES OF AN ISSUE, AND YOU ALLOW PEOPLE TO MAKE UP THEIR OWN MINDS. >> I ABSOLUTELY LOVE C-SPAN. I
00:00:12LOVE TO HEAR BOTH SIDES. >> I'VE WATCHED THESE FANS
00:00:15EVERY MORNING, AND IT IS
00:00:17UNBIASED. AND YOU BRING IN
00:00:19FACTUAL INFORMATION FOR THE CALLERS TO UNDERSTAND WHERE THEY
00:00:23ARE IN THEIR COMMENTS. >> THIS IS PROBABLY THE ONLY
00:00:25PLACE THAT WE CAN HEAR HONEST
00:00:28OPINION OF AMERICANS ACROSS THE COUNTRY. >> YOU GUYS AT C-SPAN ARE DOING
00:00:30SUCH A WONDERFUL JOB OF ALLOWING
00:00:35FREE EXCHANGE OF IDEAS WITHOUT A LOT OF INTERRUPTIONS.
00:00:37>> THANK YOU, C-SPAN, FOR BEING
00:00:40A LIGHT IN THE DARK >> [MUSIC]
00:00:44>> NOW, U.S. FIFTH CIRCUIT COURT
00:00:47JUDGE NOMINEE ANNA SAINT JOHN
00:00:49TESTIFIES THAT A CONFIRMATION HEARING BEFORE THE SENATE JUDICIARY COMMITTEE, REPUBLICAN
00:00:53COMMITTEE MEMBERS ENDORSED SAINT JOHN'S TENURE IN THE COUNTRY'S
00:00:57JUDICIAL SYSTEM. ACROSS THE AISLE, DEMOCRATIC SENATORS
00:01:00RAISED CONCERNS ABOUT HER RECORD, CITING DECISIONS IN
00:01:03CASES INVOLVING DONOR TRUST AND SEXUAL ASSAULT. THIS PORTION OF
00:01:07THE HEARING RUNS JUST UNDER AN
00:01:11HOUR.
00:01:22>> ALL OF YOU TO TODAY'S
00:01:25HEARING. WE HAVE TWO PANELS. THE
00:01:27FIRST PANEL FEATURES ANNA SAINT
00:01:33JOHN NOMINATED TO THE U.S. COURT
00:01:39OF APPEALS, FIFTH CIRCUIT, OUR SECOND PANEL HAS GREGORY COOKE
00:01:43THE U.S. DISTRICT COURT FOR THE
00:01:44NORTHERN DISTRICT OF ALABAMA.
00:01:47ADAM DUB, TO BE ASSISTANT
00:01:52ATTORNEY GENERAL FOR THE
00:01:53ANTITRUST JOHN CORNYN BRONIN AND
00:01:58JASON MANION TO BE COMMISSIONERS
00:01:59ON THE U.S. SENTENCING
00:02:04COMMISSION. ALL OF TODAY'S
00:02:06NOMINEES ARE HIGHLY QUALIFIED,
00:02:10AND REFLECT DIVERSE BACKGROUNDS
00:02:12IN LAW AND PUBLIC SERVICE. THEY
00:02:14CONTINUE. PRESIDENT TRUMP'S
00:02:17TREND OF NOMINATING TOP TIER
00:02:19PEOPLE FOR OUR COUNTRY'S MOST
00:02:22IMPORTANT ROLES. I HAVE A PERSONAL HONOR TODAY TO
00:02:26INTRODUCE IN THREE OF OUR FIVE
00:02:28NOMINEES, SO I'LL DO THAT RIGHT
00:02:33NOW, ADAM KENNEDY, DO, UH, IS,
00:02:37UH, UH, NOMINATED TO SERVE AS
00:02:40ASSISTANT ATTORNEY GENERAL TO
00:02:43OVERSEE THE JUSTICE
00:02:45DEPARTMENT'S ANTITRUST
00:02:48DIVISION. HIS CAREER SPANS
00:02:50PUBLIC SERVICE, PRIVATE
00:02:53PRACTICE, AND ACADEMIA. AFTER
00:02:56GRADUATING FROM YALE UNIVERSITY AND THE UNIVERSITY OF CHICAGO
00:03:00LAW SCHOOL, UH, HE CLERKED ON
00:03:03THE NINTH CIRCUIT AND PRACTICED
00:03:06LAW AT TWO MAJOR FIRMS FOR, UH,
00:03:09BETTER PART OF A DECADE. UH, THE
00:03:13NOMINEE THEN ENTERED PUBLIC
00:03:15SERVICE AS AN ATTORNEY ADVISOR
00:03:18AT THE FEDERAL COMMUNICATION
00:03:21COMMISSION. FOR THE PAST,, FOR
00:03:27THE TWO DECADES THEREAFTER, HE
00:03:29WAS A PROFESSOR AT MICHIGAN
00:03:31STATE UNIVERSITY LAW SCHOOL, WHERE HE TAUGHT MANY AREAS OF
00:03:35LAW, INCLUDING ANTITRUST AND
00:03:38CRIMINAL LAW, NOTABLY, AT THE
00:03:42END OF PRESIDENT TRUMP'S FIRST
00:03:43TERM, THE NOMINEE BRIEFLY
00:03:46RETURNED TO PUBLIC SERVICE AS
00:03:49ACTING ADMINISTRATOR OF THE
00:03:51NATIONAL TELECOMMUNICATIONS AND
00:03:54INFORMATION ADMINISTRATION, AND
00:03:56THEN AS DEPUTY ATTORNEY GENERAL
00:03:58WITH THE JUSTICE DEPARTMENT.
00:04:02DURING PRESIDENT'S SECOND TERM. THE NOMINEE HAS SERVED AS
00:04:06GENERAL COUNSEL OF THE FEDERAL COMMUNICATIONS COMMISSION
00:04:09THROUGHOUT HIS CAREER. HE'S DONE
00:04:14IMPORTANT WORK. HIS SCHOLARSHIP
00:04:17AND LEGAL ADVOCACY FOCUSED ON PROTECTING CHILDREN FROM
00:04:20EXPOSURE TO PORNOGRAPHY AND
00:04:22OTHER OBSCENE MATERIALS. HE'S
00:04:25ALSO A STRONG ADVOCATE FOR FREE
00:04:28SPEECH AND FIGHTING CENSORSHIP
00:04:31BY, UH, SOCIAL SECURITY
00:04:36COMPANIES. DURING THE BIDEN ADMINISTRATION NEXT, JUDGE
00:04:38CRONIN BEEN NOMINATED TO SERVE
00:04:40AS U.S. SENTENCING COMMISSION.
00:04:43AS A FEDERAL JUDGE. HE OBVIOUSLY
00:04:46KNOWS A THING OR TWO ABOUT THE
00:04:48SENTENCING GUIDELINES THAT THE
00:04:51COMMISSION SETS FORTH, AND HIS
00:04:53UNDERSTANDING OF CRIMINAL LAW
00:04:55STEMS FROM HIS CAREER OF PUBLIC
00:04:57SERVICE. BEFORE JOINING THE
00:05:00BENCH, JUDGE CRONIN SERVED AS
00:05:02ASSISTANT U.S. ATTORNEY FOR THE
00:05:05SOUTHERN DISTRICT OF NEW YORK.
00:05:07HE WAS ALSO THE CHIEF OF THE
00:05:09TERRORISM AND INTER JUDGE CRONIN
00:05:17SAW OVER OVERSAW MORE THAN 100
00:05:22INVESTIGATIONS AND PROSECUTED A
00:05:25WIDE ARRAY OF CRIMES, INCLUDING
00:05:27COMPLEX NATIONAL SECURITY CASES,
00:05:30AGAINST FOREIGN TERRORISTS. HIS
00:05:34CAREER FEATURED ADDITIONAL POSITIONS WITH THE JUSTICE
00:05:37DEPARTMENT SERVING AS PRINCIPAL DEPUTY ASSISTANT ATTORNEY
00:05:40GENERAL AND ACTING ASSISTANT
00:05:42ATTORNEY GENERAL OF THE CRIMINAL
00:05:44DIVISION. UH. IN 26, 2020, JUDGE
00:05:49CRONIN HAS SERVED ON THE U.S.
00:05:53DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. HE'S DONE
00:05:56A GREAT JOB, AND I THANK HIM FOR
00:05:59HIS SERVICE. FINALLY, JUDGE
00:06:02MANION, JASON MANION HAS ALSO BEEN NOMINATED TO THE U.S.
00:06:05SENTENCING COMMISSION. HE BRINGS
00:06:11A DISTINGUISHED CAREER THAT HAS SPANNED ALL THREE BRANCHES OF
00:06:13GOVERNMENT. AFTER GRADUATING
00:06:16FROM HARVARD LAW, MR. MANION
00:06:19CLERKED TWICE ON THE U.S. COURT OF APPEALS FOR THE SIXTH
00:06:23CIRCUIT. HE SERVED AS DEPUTY
00:06:26SOLICITOR GENERAL FOR THE STATE
00:06:29OF OHIO, AND HE'S ALSO WORKED
00:06:33IN SUPPORT OF THIS COMMITTEE AS SPECIAL COUNSEL FOR MY
00:06:37COLLEAGUE, SENATOR CRUZ. SINCE
00:06:402022, MR. MANION HAS SERVED AS
00:06:43AN ASSISTANT U.S. ATTORNEY FOR
00:06:45THE NORTHERN DISTRICT OF OHIO
00:06:48AND AS A FEDERAL PROSECUTOR.
00:06:51HE'S HANDLED MANY CASES AND
00:06:54APPEALS DEALING WITH SENTENCING ISSUES AND SENTENCING
00:06:58GUIDELINES. DURING PRESIDENT
00:07:00TRUMP'S SECOND TERM, MR. MANION
00:07:04HAS HELD MULTIPLE SIGNIFICANT
00:07:08ROLES ON DETAIL FROM THE U.S.
00:07:11ATTORNEY'S OFFICE, SERVING AS
00:07:12COUNSELOR AND CHIEF OF STAFF TO
00:07:17THE ASSOCIATE ATTORNEY GENERAL, AND THEN THE ATTORNEY GENERAL, AND IS CURRENTLY A GENERAL
00:07:19COUNSEL AND SENIOR ADVISOR AT
00:07:22THE WHITE HOUSE TASK FORCE ON
00:07:25ELIMINATING FRAUD. UH, SENATOR
00:07:29DURBIN. >> THANK YOU, MR. CHAIRMAN. I'VE
00:07:32SERVED ON THIS COMMITTEE FOR
00:07:34NEARLY 30 YEARS. IN THAT TIME,
00:07:36I'VE ATTENDED COUNTLESS NOMINATION HEARINGS, PROVIDING
00:07:39AN OPPORTUNITY FOR MEMBERS TO
00:07:41DETERMINE IF NOMINEES ARE
00:07:44QUALIFIED, NOMINATION HEARINGS LIKE THIS ONE TODAY ARE AN
00:07:47ESSENTIAL PART OF THE SENATE'S
00:07:51ROLE IN PROVIDING ADVICE AND CONSENT ON PRESIDENTIAL
00:07:53NOMINEES. THIS CONSTITUTIONAL DUTY IS A CRITICAL CHECK ON THE
00:07:57EXECUTIVE BRANCH, AND IT HAS NEVER BEEN MORE IMPORTANT THAT
00:08:00THE SENATE EXERCISE ITS DUTY, BECAUSE WE NOW HAVE A PRESIDENT
00:08:04AND AN ADMINISTRATION DETERMINED TO USE EVERY OPPORTUNITY TO PUSH
00:08:07THE BOUNDS OF POWER. I'M NOT
00:08:10GOING TO REVISIT THE NOMINATION
00:08:12OF TODD BLANCHE. WE SPENT A GOOD
00:08:15PART OF YESTERDAY MORNING IN
00:08:17THIS COMMITTEE DISCUSSING HIS WORTHINESS FOR THAT POSITION.
00:08:21BUT I DO WANT TO SAY THAT THERE
00:08:22ARE SOME ELEMENTS UNDERWAY IN
00:08:25THIS ADMINISTRATION THAT NEED TO BE ADDRESSED BY CONGRESS. I
00:08:29HOPE, IF NOT BY THE COURTS
00:08:33DRAMATIC CHANGES, CORRUPTION, CORRUPTION USED TO HAPPEN BEHIND
00:08:37CLOSED DOORS. NOW THE DOORS ARE
00:08:39WIDE OPEN. YOU CAN SEE EXACTLY
00:08:42WHAT'S GOING ON. FIRST YEAR IN
00:08:44OFFICE, SECOND TERM FOR DONALD
00:08:46TRUMP WAS A GOOD YEAR FOR HIM.
00:08:49$1.4 BILLION AT LEAST. SOME SAY
00:08:51$2 BILLION. AN AMAZING, AMAZING
00:08:54AMOUNT OF MONEY FOR ANYONE WHO
00:08:56WOULD BE PRESIDENT OF THE UNITED
00:08:58STATES. AND UNFORTUNATELY, THE
00:09:02FINGERPRINTS ON THAT $2 BILLION
00:09:03INVOLVES THE CRYPTO INDUSTRY,
00:09:07CRYPTOCURRENCY. THEY HAVE THEIR
00:09:09FINGERPRINTS ON EVERY ACT OF
00:09:12CORRUPTION IN WASHINGTON. AND WE SEE MEMBERS OF THE CABINET WOULD
00:09:15BE MEMBERS OF THE CABINET WITH PERSONAL HOLDINGS, WHO ARE
00:09:19TRYING TO EXPLAIN THEIR RELATIONSHIP WITH THE CRYPTO
00:09:22BUNCH. JUDGES MAY ULTIMATELY MAKE THE DECISION ON THIS. THAT'S WHY NOMINEES WILL BE
00:09:26ASKED SOME IMPORTANT QUESTIONS.
00:09:30INSIDER TRADING BOOST DID YOU
00:09:32READ ABOUT TRUTH SOCIAL FOR 100
00:09:34ZERO ZERO $0 A MONTH? JUST $1.2 MILLION A YEAR. WE'RE GOING TO
00:09:39GIVE YOU THE EDGE ON INFORMATION, OFFICIAL INFORMATION FROM THIS
00:09:43ADMINISTRATION. YOU MAY GET 30s. MAYBE THAT'S ALL YOU NEED TO
00:09:46PUNCH THE RIGHT BUTTON ON THE COMPUTER AND MAKE A FORTUNE 100
00:09:49ZERO ZERO $0 A MONTH. WAS THAT
00:09:53SNEAKY, BEHIND THE SCENES STRATEGY? NO WAY. IT WAS
00:09:57ADVERTISED IN FRONT PAGE. WANT TO BUY INTO THIS NEW INFORMATION
00:10:00FOR INSIDER TRADING? GIVE THE
00:10:02PRESIDENT'S COMPANY $100,000 A
00:10:04MONTH. DOES THAT SOUND RIGHT TO
00:10:07EVERYBODY HERE? THE THIRD THING IS U.S. ATTORNEYS. FOR THE
00:10:11RECORD, IN PRESIDENT TRUMP'S
00:10:13FIRST TERM, OVER 80, ALMOST 90.
00:10:16MAYBE I'M OFF A FEW U.S.
00:10:19ATTORNEYS WHO WERE APPROVED BY
00:10:21THIS COMMITTEE BY VOICE VOTE AND
00:10:24THEN APPROVED ON THE FLOOR BY VOICE VOTE. I'M TALKING ABOUT
00:10:28TRUMP ADMINISTRATION, 0.1, 1.0.
00:10:32NOW, WE GO THROUGH EACH AND EVERY ONE OF THESE U.S.
00:10:35ATTORNEYS AND HAVE A FIGHT AS TO WHETHER OR NOT WE'RE GOING TO
00:10:39HAVE THE ULTIMATE LAST WORD ON THEIR SELECTION, OR WHETHER THEY'LL BE ACTING U.S.
00:10:43ATTORNEYS INDEFINITELY. THAT'S A CHANGE. WHAT BROUGHT IT ABOUT?
00:10:47I'LL TELL YOU EXACTLY WHAT BROUGHT IT ABOUT. THE DECISION
00:10:50BY ONE SENATOR FROM INDIANA, NOW VICE PRESIDENT OF THE UNITED
00:10:53STATES, TO REQUIRE SEPARATE ROLL
00:10:54CALLS ON EVERY U.S. ATTORNEY
00:10:58UNDER THE BIDEN ADMINISTRATION. HE STARTED IT. I TRIED 3 OR 4 TIMES TO GET HIM TO RECONSIDER
00:11:02IT AND TO GO BACK TO THE BIPARTISAN APPROACH. HE
00:11:05WOULDN'T DO IT. AND NOW WE'RE STUCK WITH IT. WE SPEND MORE
00:11:08TIME ON THE FLOOR VOTING FOR
00:11:10U.S. ATTORNEY NOMINEES THAN WE
00:11:12SHOULD. I HOPE WE CAN RETURN TO
00:11:15THE DAYS WHERE WE TRUSTED ONE ANOTHER AND DIDN'T HAVE THIS
00:11:18KIND OF ARRANGEMENT. WE'RE WASTING OUR TIME IN THE SENATE.
00:11:22IN CLOSING, I WANT TO NOTE THAT TWO OF THE WITNESSES BEFORE US
00:11:24HAVE BEEN NOMINATED TO FILL VACANCIES IN THE U.S. SENTENCING
00:11:27COMMISSION. CONGRESS CREATED THE
00:11:29SENTENCING COMMISSION IN 1984, CHARGED IT WITH THE CRITICAL
00:11:33TASK OF PROMOTING TRANSPARENCY
00:11:36AND CONSISTENCY IN FEDERAL CRIMINAL SENTENCING. THE
00:11:40COMMISSION COLLECTS AND ANALYZES DATA AND THEN EMPLOYS ITS
00:11:44EXPERTISE TO HELP GUIDE CONGRESS IN SETTING SENTENCING POLICY TO
00:11:46GUIDE THE FEDERAL JUDICIARY IN
00:11:49MAKING IMPORTANT SENTENCING DECISIONS. MEMBERS OF THE
00:11:52COMMISSION ARE TASKED WITH THE
00:11:56RESPONSIBILITY OF ESTABLISHING PRACTICES AND POLICIES THAT
00:12:00PROMOTE PROPORTIONALITY IN SENTENCING AND SENTENCING
00:12:03DISPARITIES. THEY MUST CAREFULLY
00:12:05CONSIDER REVISIONS TO SENTENCING
00:12:07GUIDELINES, AS THEY FOREVER
00:12:10IMPACT THE LIVES OF THOSE FACING
00:12:12THE CRIMINAL JUSTICE SYSTEM.
00:12:14COMMISSION HAS LONG OPERATED IN
00:12:19A BIPARTISAN MANNER, A REFLECTION NOT JUST OF THE STATUTORY MANDATE FOR
00:12:22BIPARTISANSHIP AMONG COMMISSION MEMBERS, BUT ALSO OF THE
00:12:26CONSENSUS DRIVEN APPROACH EMBRACED BY THOSE WHO HAVE
00:12:28SERVED ON THIS IMPORTANT BODY. DURING THE BIDEN ADMINISTRATION.
00:12:31I WAS PROUD TO LEAD THE EFFORT TO REESTABLISH THE COMMISSION'S
00:12:35QUORUM WITH A BIPARTISAN SLATE
00:12:38OF NOMINEES, SO THAT IT COULD CONTINUE ITS IMPORTANT WORK.
00:12:42FEDERAL JUDGES RELY ON SENTENCING GUIDELINES
00:12:45PROMULGATED BY THIS COMMISSION FOR ONE OF THE MOST IMPORTANT ASPECTS OF THEIR JOBS, DECIDING
00:12:50ON THE APPROPRIATE PENALTY FOR
00:12:52DEFENDANT. THUS, IT IS CRITICAL
00:12:56THAT MEMBERS CONFIRM TO THE COMMISSION HAVE THE TECHNICAL
00:12:58EXPERTISE, EXPERIENCE AND
00:13:01UNDERSTANDING SO THAT THEY CAN FACE THE GRAVITY OF THEIR WORK
00:13:04AND UNDERSTAND ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM. I LOOK
00:13:07FORWARD TO HEARING FROM THE NOMINEES. THANK YOU, MR.
00:13:09CHAIRMAN. >> SENATOR KENNEDY, FOR
00:13:12INTRODUCTION
00:13:17>> THANK YOU, MR. CHAIRMAN. UM,
00:13:22JUDGE SAINT JOHN IS NO STRANGER TO THIS COMMITTEE. SHE WAS
00:13:25BEFORE US IN FEBRUARY. UM. WHERE
00:13:32SHE WAS BEING CONSIDERED FOR A POSITION ON THE UNITED STATES
00:13:35DISTRICT COURT IN NEW ORLEANS,
00:13:38ON WHICH SHE PRESENTLY SERVES
00:13:40PRESIDENT TRUMP HAS NOMINATED
00:13:43JUDGE SAINT JOHN TO FILL A
00:13:46VACANCY CREATED BY JUDGE ENGLEHART, WHO HAS SERVED
00:13:50HONORABLY AND WELL ON THE
00:13:52FEDERAL FIFTH CIRCUIT. UM. THE
00:13:55PRESIDENT CHOSE WISELY UM, JUDGE
00:13:58SAINT JOHN'S HAD AN INTERESTING
00:14:01CAREER. SHE'S, UH, SHE'S FROM A
00:14:02SMALL TOWN IN MISSISSIPPI. SHE
00:14:08WENT TO LSU AND JUST ABSOLUTELY
00:14:10KNOCKED THE TOP OUT OF IT. MAGNA
00:14:13LAUDE GRADUATE AN SCHOOLS.
00:14:18PREDICTABLY TRIED TO RECRUIT
00:14:20HER. SHE CHOSE COLUMBIA AT
00:14:27COLUMBIA. SHE GOT A JD AND A
00:14:29MASTERS. SHE WAS A JAMES KENT
00:14:35SCHOLAR. SHE THEN CLERKED FOR A
00:14:37YEAR FOR JUDGE BARKSDALE ON THE UNITED STATES COURT OF APPEALS
00:14:41FOR THE FIFTH CIRCUIT. VERY
00:14:43DISTINGUISHED JURIST. AND SHE
00:14:45WENT TO WORK FOR ONE OF THE
00:14:47PREMIER LAW FIRMS IN THE IN THE
00:14:52WORLD, COVINGTON AND BURLING. UM
00:14:55AT THAT LEVEL, WHEN YOU PRACTICE
00:14:58WITH A FIRM IS LIKE COVINGTON.
00:14:59UM, IT'S NOT A JOB, IT'S A
00:15:03LIFESTYLE. UH, SHE WAS THERE
00:15:05SEVEN YEARS. SHE WOULD HAVE BEEN
00:15:08PARTNER. UM, WHICH JUST MEANS,
00:15:12WELL, IT MEANS YOU GET TO WORK
00:15:14HARDER. YOU ALSO MAKE A BUCKET
00:15:18UM, BUT SHE AND SCOTT WERE
00:15:19MARRIED, AND SHE SAID, YOU KNOW,
00:15:22I, I'M RETHINKING THINGS HERE.
00:15:25I WANT TO WANT TO PRACTICE WITH
00:15:29A SMALLER FIRM AND HAVE A
00:15:31FAMILY. AND, UM, NOT MANY PEOPLE
00:15:39LAWYERS WOULD, WOULD MAKE THAT CHOICE. I MEAN, YOU WORK SO HARD
00:15:42TO GET TO BECOME A PARTNER, BUT
00:15:45THERE, THERE ARE OTHER WAYS TO,
00:15:47TO UH, CONTRIBUTE TO THE
00:15:49PRACTICING OF LAW. SHE HAS BEEN IN, IN PRIVATE PRACTICE WITH A
00:15:53SMALL BOUTIQUE FIRM, ONE OF THE
00:15:58THINGS SHE SPECIALIZES IS CLASS
00:16:02ACTIONS. AND THANKS TO HER WORK,
00:16:06UM, SHE HAS ENSURED THAT, THAT,
00:16:08THAT THE PEOPLE WHO ARE HURT AND
00:16:11ARE THE SUBJECT OF THESE CLASS
00:16:13ACTIONS, WHO OFTENTIMES DON'T GET ANY MONEY, ALL THE MONEY
00:16:16GOES TO THE LAWYERS. SHE, UH,
00:16:20SHE HAS WORKED TO ENSURE THAT
00:16:21PEOPLE GET THEIR FAIR SHARE. UM,
00:16:25BUT, BUT MORE THAN, HER, HER
00:16:29ACCOMPLISHMENTS, UH, JUDGE SAINT
00:16:31JOHN IS, UH, SHE'S OBVIOUSLY
00:16:35INTELLIGENT. SHE'S PATIENT
00:16:41WISE. SHE IS NOT A POLITICIAN.
00:16:45UM, SHE DIDN'T HAVE A SQUILLION.
00:16:52PEOPLE CALL ME TO ENCOURAGE HER
00:16:54NOMINATION, EITHER FOR THE COURT OF APPEAL OR FOR THE DISTRICT
00:16:58COURT. WE DO GET A LOT OF THOSE
00:17:01CALLS. SHE JUST APPLIED, AND I
00:17:06WAS GOING THROUGH THE RESUMES,
00:17:07AND I SAID, OH, MY GOD. UM, THIS
00:17:13LADY. AND, UH, I CHECKED AROUND
00:17:18AND SHE WAS OBVIOUSLY THE MOST, ONE OF THE MOST QUALIFIED. AND
00:17:22THAT'S WHY FOR THE DISTRICT COURT LEVEL AND THE COURT OF
00:17:25APPEALS, I SUGGESTED HER TO, TO
00:17:28PRESIDENT TRUMP. UM, JUDGE SAINT
00:17:30JOHN SHE UNDERSTANDS THE LAW.
00:17:35SHE KNOWS THE LAW. BUT MORE
00:17:44IMPORTANTLY, SHE, SHE
00:17:46APPRECIATES THE BEAUTY OF THE
00:17:48LAW, THE ELEGANCE THE NUANCES OF
00:17:53AMERICAN LAW, AND THE
00:17:56SHORTCOMINGS OF AMERICAN LAW.
00:17:58I'VE MET A LOT OF SMART LAWYERS
00:18:00WHO KNOW THE LAW, BUT THEY DON'T REALLY APPRECIATE ITS
00:18:03APPLICATION. THEY DON'T REALLY
00:18:06UNDERSTAND THE HUMAN
00:18:08CONSEQUENCES OF ITS APPLICATION.
00:18:11THEY DON'T UNDERSTAND, AS I SAID, ITS BEAUTY OR ITS
00:18:14SHORTCOMINGS. AND SO I'M HAPPY TO INTRODUCE JUDGE SAINT JOHN. I
00:18:17TALKED LONGER THAN I THOUGHT UM,
00:18:21MY WORK HERE IS DONE, MR.
00:18:22CHAIRMAN. I CAN SHOW MYSELF OUT.
00:18:26>> THANK YOU, SENATOR KENNEDY. NOW, SENATOR BRITT.
00:18:29>> ALWAYS MY FAVORITE. THANK YOU SO MUCH, MR. CHAIRMAN. IT IS AN
00:18:33ABSOLUTE HONOR TODAY TO BE ABLE
00:18:36TO INTRODUCE ONE OF ALABAMA'S
00:18:39FINEST ALABAMA SUPREME COURT
00:18:41JUSTICE, GREG COOKE, WHO I AM
00:18:45FORTUNATE TO CALL A FRIEND.
00:18:48WELCOME TO YOU AND YOUR ENTIRE FAMILY. UH, IN MY OPINION, THIS
00:18:51DAY HAS BEEN A LONG TIME IN THE
00:18:53MAKING. FOR THOSE OF YOU WHO
00:18:56DON'T KNOW GREG AND HAVEN'T
00:18:57HAD A CHANCE TO READ UP YET, UM,
00:19:01I AM SO DELIGHTED THAT PRESIDENT
00:19:03TRUMP CHOSE GREG TO FILL THE
00:19:07ROLE THERE IN THE JUDGESHIP AND THE NORTHERN DISTRICT OF
00:19:09ALABAMA. GREG HAS SERVED THE
00:19:11ALABAMA SUPREME COURT AS AN
00:19:14ASSOCIATE JUSTICE SINCE 2022.
00:19:16UH, HE HAS REVIEWED AND WRITTEN
00:19:20NUMEROUS OPINIONS ON SOME OF THE STATE'S MOST COMPLEX, BOTH
00:19:23CRIMINAL AND CIVIL CASES THAT
00:19:25WERE IN FRONT OF HIM. HE HAS AN
00:19:28IMPECCABLE RECORD OF SERVICE. SO
00:19:30WHEN YOU LOOK AT GREG AND YOU
00:19:33SEE THE WAY HE CONDUCTS HIMSELF,
00:19:35HE APPLIES THE LAW FAIRLY AND
00:19:38DILIGENTLY TO EVERYONE WHO COMES IN FRONT OF HIM. NOW, HE'S JUST
00:19:42BEEN ON THE BENCH SINCE 2022. BUT PRIOR TO THAT, HE SPENT
00:19:46YEARS AT ONE OF OUR MOST DISTINGUISHED FIRMS. AND THE
00:19:48STATE OF ALABAMA, 32 YEARS, TO
00:19:52BE EXACT, EARNING THE RANK THERE OF PARTNER. BUT PRIOR TO THAT,
00:19:56HE SERVED IN THE AIR FORCE. UH,
00:20:01GREG MADE THE RANK OF CAPTAIN, AND ALSO CONTINUED TO SERVE OUR
00:20:05NATION IN THE AIR FORCE
00:20:08RESERVES. THIS IS IN HIS BLOOD
00:20:09LOVE OF COUNTRY, SERVICE TO
00:20:12THOSE AROUND HIM AND HIS
00:20:15COMMUNITY AND HIS FAMILY AND HIS
00:20:16STATE. AND NOW FOR HIS NATION.
00:20:19GREG GRADUATED FROM DUKE, UH,
00:20:22ALSO WENT ON TO HARVARD LAW. AND
00:20:26DESPITE THE ACCOLADES THAT HE'S RECEIVED IN HIS LIFE, THE THING
00:20:29THAT HAS ALWAYS BEEN MOST IMPORTANT TO GREG IS HIS FAMILY.
00:20:33I SAY THAT'S BECAUSE OF THE VALUES THAT WERE INSTILLED IN
00:20:35HIM AND THE SHOALS GROWING UP.
00:20:38HE LOVES HIS CHILDREN. HE LOVES
00:20:41HIS WIFE, HIS CHURCH, HIS COMMUNITY, AND HE HAS
00:20:46CONSISTENTLY BETTERED HIMSELF TO BE ABLE TO ANSWER THE CALL. I
00:20:49HAD AN OPPORTUNITY ABOUT FOUR YEARS AGO TO REALLY GET TO KNOW
00:20:52GREG. WE HAD TRAVELED AROUND THE
00:20:55STATE TOGETHER, AND I GOT TO SEE
00:20:58HIM INTERACT WITH ALABAMIANS. I GOT TO SEE HIM, CONNECT WITH
00:21:02THEM, WANT TO KNOW WHAT WAS HAPPENING AND HOW HE COULD BE
00:21:05HELPFUL. I ALSO GOT TO LEARN
00:21:08THAT HE WROTE ALABAMA RULES OF
00:21:11CIVIL PROCEDURE BOOK, WHICH WAS QUITE A THICK BOOK THAT SHOWS HE
00:21:14NOT ONLY KNOWS THE LAW, HE LOVES
00:21:17THE LAW. AND I HAVE EVERY FAITH
00:21:21AND CONFIDENCE IN HIS ABILITY TO
00:21:24ANSWER THIS CALL. GREG, THANK
00:21:27YOU FOR BEING WILLING TO SERVE.
00:21:29YOU ARE SUCH A FINE HUMAN BEING.
00:21:34YOUR CHARACTER IS UNMATCHED.
00:21:36YOUR DILIGENCE, YOUR INTELLECT I
00:21:39KNOW THAT YOU WILL UPHOLD THE CONSTITUTION, AND YOU WILL APPLY
00:21:42THE LAW FAITHFULLY AND EVERY
00:21:45SINGLE CIRCUMSTANCE, AND THAT YOU WILL BE THOUGHTFUL ABOUT THE
00:21:49ROLE THAT THAT YOU ARE STEPPING INTO IN A WAY THAT'S GOING TO
00:21:53MAKE EVERY ONE OF US PROUD. SO THANK YOU FOR ANSWERING THE
00:21:57CALL. I URGE ALL OF MY COLLEAGUES TO VOTE FOR GREG.
00:21:59AND, BOY, IT WAS AN HONOR TO BE
00:22:02ABLE TO SEND YOUR RESUME FORWARD. AND I APPRECIATE
00:22:06PRESIDENT TRUMP FOR SEEING WHAT I SAW ON THAT PIECE OF PAPER AND IN THIS HUMAN BEING IN FRONT OF
00:22:10US. SO THANK YOU, GREG, AND THANK YOU, MR. CHAIRMAN, FOR ALLOWING ME TO INTRODUCE HIM.
00:22:14>> THANK YOU. UM SAINT JOHNS,
00:22:17WOULD YOU PLEASE COME? AND
00:22:19BEFORE YOU SEAT, I'D LIKE TO,
00:22:21UH, ADMINISTER OATH. UH, DO YOU
00:22:25SWEAR THAT THE TESTIMONY YOU'RE
00:22:27ABOUT TO GIVE BEFORE THE. THIS COMMITTEE WILL BE THE TRUTH, THE
00:22:31WHOLE TRUTH, AND NOTHING BUT THE
00:22:32TRUTH, SO HELP YOU, GOD? VERY
00:22:36POSITIVE RESPONSE. NOW, SIT DOWN
00:22:38AND GIVE YOUR TESTIMONY. UH,
00:22:40AND, UH, AND INTRODUCTION OF
00:22:44FRIENDS AND FAMILY. HOWEVER YOU
00:22:45WANT TO PROCEED. IT'S THE
00:22:58>> CHAIRMAN GRASSLEY, RANKING MEMBER DURBIN, AND THANK YOU TO ALL MEMBERS OF THE COMMITTEE FOR
00:23:01HAVING ME HERE TODAY. THANK YOU TO PRESIDENT TRUMP FOR THE GREAT
00:23:05HONOR OF THIS NOMINATION.
00:23:08SENATOR KENNEDY, THANK YOU FOR THOSE VERY KIND REMARKS. NO ONE
00:23:12COULD ACCUSE YOU OF BEING AN EASY GRADER. AND SO I'M JUST
00:23:14ESPECIALLY GRATEFUL FOR YOUR SUPPORT. I ALSO WANT TO THANK
00:23:17SENATOR CASSIDY FOR HIS SUPPORT.
00:23:21I AM HERE TODAY WITH MY HUSBAND,
00:23:23SCOTT. HE'S AN EXCEPTIONAL PERSON. TRULY MY BETTER HALF. HE
00:23:27IS SITTING WITH OUR THREE OLDER CHILDREN, CHARLES, BERTIE AND
00:23:30ANNA DOUGLAS, OUR LITTLEST AND
00:23:32MOST ENERGETIC. JACK IS HOME WITH MY PARENTS IN LAW, JOYCE
00:23:36AND DOUG SAINT JOHN. THEY HAVE BEEN WONDERFULLY SUPPORTIVE OVER
00:23:39THE YEARS, AND I'M VERY BLESSED
00:23:40TO BE A PART OF THEIR FAMILY.
00:23:44I'M HERE TODAY ONLY BECAUSE OF THE SUPPORT OF SO MANY PEOPLE.
00:23:46THOSE INCLUDE MY SIBLINGS, AUNTS
00:23:49AND UNCLES, FRIENDS AND COLLEAGUES. ABOVE ALL ARE MY
00:23:53PARENTS, LIBBY AND CHUCK WAGNER. I WISH THEY WERE STILL WITH US
00:23:56FOR SO MANY REASONS, BUT I KNOW
00:23:58I DIDN'T NEED TO BECOME A JUDGE TO MAKE THEM PROUD. I JUST
00:24:01NEEDED TO BE A GOOD PERSON. I
00:24:05CONTINUE TO BE INSPIRED BY THEIR SACRIFICES AND THE VALUES THEY
00:24:08LIVE BY I'M ALSO HERE TODAY
00:24:11WITH MY LAW CLERKS. I'M PRIVILEGED TO GO TO WORK EVERY DAY AT THE U.S. DISTRICT COURT
00:24:15FOR THE EASTERN DISTRICT OF LOUISIANA. I SERVE ALONGSIDE AN
00:24:19INCREDIBLE GROUP OF PEOPLE. THOSE INCLUDE MY JUDICIAL
00:24:23COLLEAGUES, OUR COURT SECURITY OFFICERS, EVERYONE IN THE COURT
00:24:27CLERK'S OFFICE, AND SO MANY
00:24:30MORE. THEIR HARD WORK TO MAKE SURE WE HAVE A STRONG,
00:24:32FUNCTIONING, EFFICIENT JUDICIARY IS A TESTAMENT TO THE STRENGTH
00:24:36OF OUR COUNTRY AND ITS PEOPLE.
00:24:40BEING NOMINATED TO THE FIFTH CIRCUIT IS A PROFOUND HONOR ON
00:24:44ITS OWN, MADE MORE SO BECAUSE THAT'S WHERE I STARTED MY LEGAL
00:24:47CAREER. CLERKING FOR JUDGE RHESA
00:24:51BARKSDALE. I STRIVE TO PUT INTO PRACTICE THE LESSONS I LEARNED FROM THAT CLERKSHIP EVERY DAY,
00:24:54AND WILL CONTINUE TO DO SO. IF I
00:24:57AM SO HONORED BY BEING
00:24:59CONFIRMED. AGAIN. THANK YOU FOR CONSIDERING MY NOMINATION. I
00:25:02WELCOME ANY QUESTIONS.
00:25:09>> JUDGE, YOU'VE BEEN SERVING AS A DISTRICT JUDGE FOR JUST A FEW
00:25:13MONTHS NOW. YOU SEEM TO BE
00:25:17MANAGING DOCKET. I'M TOLD OF
00:25:20ABOUT 120 CIVIL AND CRIMINAL
00:25:23CASES. SO YOU'VE GOT A LOT SHOVED ON YOU RIGHT OFF THE BAT.
00:25:26UH, DURING YOUR TIME SO FAR, WHAT'S THE MOST IMPORTANT THING
00:25:30THAT YOU'VE LEARNED ABOUT BEING A FEDERAL JUDGE?
00:25:33>> WELL, SENATOR GRASSLEY, YOU'RE RIGHT. I REALLY HIT THE
00:25:36GROUND RUNNING. AND I, I LEARNED
00:25:39MORE EVERY SINGLE DAY. ONE
00:25:42ASPECT OF THE JOB THAT'S REALLY
00:25:44BEEN IMPRESSED UPON ME IS THE,
00:25:46IMPACT THAT THE COURT'S WORK,
00:25:49THAT MY ORDERS HAVE ON THE PARTIES AS A DISTRICT JUDGE. YOU
00:25:52KNOW, I SEE THE CRIMINAL
00:25:54DEFENDANTS RIGHT IN FRONT OF ME WITH THEIR FAMILIES. I SEE THE
00:25:57PRO SE LITIGANTS AND INTERACT WITH THEM. I, I SEE CLIENTS WITH
00:26:02THEIR ATTORNEYS, AND IT'S REALLY IMPRESSED UPON ME THE NEED FOR
00:26:05JUDGES TO MAKE SURE THAT PEOPLE HAVE A FULL AND FAIR HEARING,
00:26:08THAT THEY FEEL THAT THEY'RE
00:26:10GETTING A FAIR, UM,
00:26:14CONSIDERATION OF THEIR CASE, AND THAT JUDGES PROVIDE REASONED
00:26:18OPINIONS SO THAT THE PARTIES KNOW THAT PEOPLE UNDERSTAND THAT
00:26:20THE COURT'S RULINGS ARE BASED IN THE LAW AND NOT ON ANY
00:26:23JUDGE'S PERSONAL PREFERENCES OR BELIEFS.
00:26:27>> I WOULD THINK MOST PEOPLE
00:26:28WOULD AGREE WITH WHAT SENATOR
00:26:31KENNEDY SAID ON YOUR LAST
00:26:33CONFIRMATION. HE SAID, QUOTE,
00:26:36UNQUOTE, YOU WERE A REAL STUDENT
00:26:37OF THE LAW. SPENT YEARS WORKING
00:26:43WITH NEW ORLEANS FAMILY JUSTICE
00:26:45CENTER, AND THAT CENTER IS
00:26:48DEDICATED TO ENDING FAMILY
00:26:50VIOLENCE, CHILD ABUSE, AND
00:26:52SEXUAL ASSAULT. UH, TELL US,
00:26:56PLEASE, UH, WHY IT'S IMPORTANT
00:26:58FOR JUDGES TO PRIORITIZE VICTIMS
00:27:01AND VICTIMS RIGHTS WHEN
00:27:04PRESIDING. IN A CASE OF THAT NATURE
00:27:07>> SURE. SO JUDGES AND COURTS DO
00:27:09REPRESENT THE LEGAL RECOURSE
00:27:12THAT THE MORE VULNERABLE IN OUR
00:27:14SOCIETY, UH, HAVE ACCESS TO. AND
00:27:17SO IT'S SO IMPORTANT FOR COURTS
00:27:19AND JUDGES TO BE, UM, TO UPHOLD
00:27:22THE LAW AND BE A SOURCE, UH, FOR
00:27:26ENFORCEMENT AND IMPLEMENTATION OF THE LAW THAT'S INTENDED TO
00:27:28PROTECT OUR MOST VULNERABLE IN
00:27:33SOCIETY. >> I THINK I'M GOING TO QUOTE
00:27:35SOMETHING YOU SAID DURING YOUR
00:27:38LAST CONFIRMATION HEARING. YOU STATED THAT, QUOTE, THE BEST WAY
00:27:42TO GIVE EFFECT TO THE PEOPLE'S
00:27:46WILL IS BY CONSTRUING THE WORDS USED IN THE TEXT WITH THE
00:27:49MEANING. THESE WORDS HAD AT THE
00:27:52TIME THEY WERE ENACTED. PURSUANT
00:27:55TO THE CONSTITUTIONALLY PRESCRIBED LAWMAKING PROCESS.
00:27:58AND, TO QUOTE, UH. WHY IS THAT
00:28:02APPROACH SO IMPORTANT?
00:28:04>> THAT APPROACH IS IMPORTANT
00:28:08BECAUSE OUR CONSTITUTION LAYS OUT THE PROCESS BY WHICH LAW IS
00:28:12CREATED, AND THAT REQUIRES BICAMERALISM AND PRESENTMENT.
00:28:15WHAT EMERGES FROM THAT PROCESS
00:28:17IS THE TEXT OF THE LAW, AND THAT TEXT REPRESENTS THE WILL OF THE
00:28:21PEOPLE, AS EXPRESSED THROUGH
00:28:24THEIR REPRESENTATIVES IN THE
00:28:28LEGISLATURE. IF JUDGES ARE TO ADD MEANING TO THAT, OR CHANGE THE MEANING OF THE TEXT THAT WAS
00:28:32AGREED UPON THROUGH THE
00:28:34LEGISLATIVE PROCESS, AS
00:28:38PRESCRIBED BY THE CONSTITUTION, THAT CONSTITUTES JUDGES ENACTING THEIR WILL, RATHER THAN THE WILL OF THE PEOPLE. AND SO THAT'S WHY
00:28:42IT'S SO IMPORTANT FOR JUDGES TO
00:28:45STICK TO THE TEXT OF THE LAW
00:28:50>> NEXT QUESTION AND LAST QUESTION IS SOMETHING THAT I
00:28:54HAVE A HARD TIME WITH MYSELF.
00:28:55WHEN PEOPLE ASK YOU, WHICH IS
00:29:00THE MOST IMPORTANT COLLEAGUE YOU'VE HAD, OR PRESIDENT YOU'VE
00:29:03SERVED UNDER, UH, SO TELL US
00:29:05WHICH ATTORNEY OR JUDGE YOU MOST
00:29:10ADMIRE AND WHY. >> WELL, CHAIRMAN GRASSLEY, I STARTED MY CAREER CLERKING FOR
00:29:13JUDGE BARKSDALE, AS I MENTIONED, AND THAT WAS REALLY A
00:29:16FOUNDATIONAL EXPERIENCE WHERE I
00:29:18LEARNED HOW IMPORTANT IT IS TO
00:29:20METICULOUSLY ANALYZE EACH CASE
00:29:23AND MAKE SURE YOU UNDERSTAND THE FACTS AND THE LAW, AND HAVE
00:29:27APPROACHED IT WITH A TRULY IMPARTIAL APPROACH, SO THAT YOU
00:29:29ARE, UM, GIVING EACH PARTY A
00:29:34FAIR SHAKE. IT'S ALSO IMPORTANT. I'VE LEARNED FROM
00:29:36THAT, FROM JUDGE BARKSDALE, UM,
00:29:38TO REMEMBER THE ROLE OF THE
00:29:41JUDICIARY. WE ARE NOT LAWMAKERS.
00:29:43UH, COURTS HAVE DEFINED POWERS,
00:29:47AND IT'S IMPORTANT FOR COURTS
00:29:49TO STICK WITHIN THE POWERS THAT HAVE BEEN GRANTED TO THE
00:29:52JUDICIARY, RATHER THAN TAKING POWERS BEYOND WHAT THEY HAVE.
00:29:55>> THANK YOU. AND
00:30:00CONGRATULATIONS, SENATOR DURBIN. >> JUDGE SAINT JOHN, WELCOME
00:30:01BACK I'M NOT GOING TO REVISIT
00:30:05MANY OF THE QUESTIONS THAT I ASKED YOU SEVERAL YEARS AGO,
00:30:08WHEN YOU APPEARED BEFORE US. I DON'T THINK YOUR ANSWERS WERE
00:30:12RESPONSIVE THEN. I DON'T EXPECT THEY WOULD CHANGE TODAY. BUT
00:30:15THERE IS ONE ISSUE I WANT TO
00:30:19RETURN TO. AT YOUR PREVIOUS
00:30:20CONFIRMATION HEARING, I NOTED
00:30:23THAT IN NOVEMBER 2021, WHEN I CHAIRED THIS COMMITTEE, WE
00:30:26ADVANCED. THE ENDING. FORCED
00:30:29ARBITRATION OF SEXUAL ASSAULT
00:30:31AND SEXUAL HARASSMENT ACT BY
00:30:33VOICE VOTE. I BELIEVE, UH, THAT
00:30:35THE OF THIS LEGISLATION WAS
00:30:38VIRTUALLY UNANIMOUS. NOT COMPLETELY, BUT CLOSE TO
00:30:42UNANIMOUS ON THE SENATE JUDICIARY COMMITTEE. AND, OF
00:30:45COURSE, THE MEMBERSHIP OF THIS COMMITTEE EMBRACES THE AMERICAN
00:30:48POLITICAL SPECTRUM FROM RIGHT TO LEFT. VIRTUALLY ALL OF THE
00:30:52MEMBERS OF THE COMMITTEE VOTED
00:30:53FOR THIS AND SUPPORTED IT. WHY?
00:30:58IT WAS LEGISLATION THAT SAID TO
00:30:59A WOMAN, PARTICULARLY THAT YOU
00:31:04CANNOT BE HELD BY AN EMPLOYMENT CONTRACT, WHICH LIMITS YOUR
00:31:07OPTIONS. IF YOU'RE A VICTIM,
00:31:09ALLEGE THAT YOU'RE A VICTIM OF SEXUAL ASSAULT OR SEXUAL
00:31:12HARASSMENT. SOME EMPLOYMENT CONTRACTS, AND I KNOW YOU'RE
00:31:16WELL AWARE OF THIS ISSUE. SOME EMPLOYMENT CONTRACTS DO NOT GIVE
00:31:19A VICTIM WOMAN IN THAT CIRCUMSTANCE, AN OPTION TO TAKE
00:31:22HER CASE TO COURT BEFORE A JUDGE
00:31:26OR A JURY. IT HAS TO BE BY
00:31:29FORCED ARBITRATION. AND IN MANY CASES, THE ARBITRATOR IS CHOSEN
00:31:32BY HER EMPLOYER. IT CREATES A
00:31:35REAL DISADVANTAGE FOR THOSE WHO ARE ALLEGING THAT THEY'RE
00:31:39VICTIMS OF SEXUAL HARASSMENT.
00:31:42YOU TESTIFIED IN THE HOUSE
00:31:44AGAINST THIS LEGISLATION,
00:31:48CLAIMING THAT ENDING FORCED ARBITRATION WAS, QUOTE, NOT IN THE BEST INTERESTS OF THOSE
00:31:52SUBJECTED TO SEXUAL HARASSMENT AND ASSAULT. YOU ARGUED THAT THE
00:31:56BILL, QUOTE, TURNS THESE WOMEN
00:32:01INTO UNWILLING PAWNS, LEVERAGING THEIR PRIVATE DIFFICULTIES IN
00:32:02PURSUIT OF PUBLIC POLICY
00:32:05OBJECTIVES THAT DON'T ACTUALLY BENEFIT THEM. YOU SAID AT ONE
00:32:08POINT, AS WELL, ARBITRATION IS
00:32:16FASTER, LESS EXPENSIVE WAY OF RESOLVING DISPUTES. COMPANIES
00:32:20MAY HAVE, SO THEY HAVE MORE FUNDS TO DEVOTE TO EMPLOYEE
00:32:23BENEFITS OR TO REDUCING LOWERING
00:32:26COSTS FOR CONSUMERS. FORMER FOX
00:32:29NEWS HOST GRETCHEN CARLSON WAS A LEADING ADVOCATE FOR THE ENDING.
00:32:33FORCED ARBITRATION OF SEXUAL
00:32:37ASSAULT AND SEXUAL HARASSMENT ACT, FOLLOWING HER HARASSMENT BY
00:32:40ROGER AILES AND FOX SHE PREVIOUSLY OPPOSED YOUR
00:32:44NOMINATION TO THE DISTRICT COURT, AND THIS IS WHAT SHE SAID
00:32:47WHILE WOMEN AROUND THE COUNTRY
00:32:50BRAVELY SHARE THE URGENCY OF
00:32:52ERADICATING FORCED ARBITRATION, SAINT JOHN USED HER POWER AND
00:32:56INFLUENCE TO GASLIGHT THESE
00:32:57WOMEN AND THE PUBLIC. SHE DOWNPLAYED THEIR STORIES AND
00:33:01MINIMIZED THEIR PAIN. INSTEAD OF LISTENING TO WOMEN WHO WERE
00:33:04FORCED TO SUFFER IN SILENCE,
00:33:07SAINT JOHN TRIED TO CONVINCE CONGRESS THAT THESE WOMEN'S
00:33:11UNDERSTANDING OF THEIR OWN
00:33:14EXPERIENCE WERE INCORRECT. THESE ARE THE WORDS OF FORMER FOX NEWS
00:33:17HOST GRETCHEN CARLSON. IT'S BEEN
00:33:20SEVERAL YEARS SINCE YOU'VE THOUGHT ABOUT THIS ISSUE BEFORE.
00:33:22ONE OF THESE COMMITTEES TODAY IS
00:33:24AN OPPORTUNITY FOR YOU TO ANSWER
00:33:27THE QUESTION. DO YOU HAVE ANY SECOND THOUGHTS ABOUT THE
00:33:29POSITION YOU'VE TAKEN ON THIS ISSUE?
00:33:33>> SENATOR DURBIN, I APPRECIATE THOSE QUESTIONS, AND I WANT TO
00:33:36BE CLEAR. I THINK SOME OF MY
00:33:38WORDS WERE TAKEN OUT OF CONTEXT.
00:33:42UM, I WAS I DID NOT OPPOSE THE
00:33:45LITIGATION, THE LEGISLATION. I DIDN'T PRESUME TO TELL ANY SENATOR OR CONGRESS MEMBER HOW
00:33:49TO VOTE. I UNDERSTOOD MY ROLE AS
00:33:53PROVIDING ADDITIONAL CONTEXT ABOUT ARBITRATION AND ADDITIONAL INFORMATION. AS CONGRESS MEMBERS
00:33:57WORKED THROUGH THIS ISSUE AND FIGURED OUT WHERE TO DRAW THE LINE ON THESE ISSUES AND HOW TO
00:34:01HOW TO LEGISLATE. ONE OF THE
00:34:04COMMENTS YOU, YOU QUOTED FROM MY TESTIMONY WAS REFERRING TO
00:34:08FORCED LITIGATION. MY POINT IS THAT WOMEN SHOULD HAVE A CHOICE
00:34:10TO CHOOSE TO ARBITRATE OR
00:34:13LITIGATE, AND I, I, UM, CONTINUE
00:34:16TO THINK THAT THERE CAN BE BENEFITS TO ARBITRATION IN SOME
00:34:20INSTANCES. THERE CAN BE BENEFITS TO LITIGATION, AND AT NO POINT
00:34:24DO I THINK ANYONE SHOULD BE FORCED TO ARBITRATE THEIR
00:34:27CLAIMS. ARBITRATION IS ONLY BY CONSENT OF THE PARTIES. >> THAT'S EXACTLY THE ISSUE.
00:34:31THERE'S NO CHOICE IN FORCED
00:34:33ARBITRATION. IT'S A TAKE IT OR LEAVE IT FOR THE EMPLOYEES
00:34:36BEFORE THIS NEW LAW WAS ENACTED.
00:34:39>> I CERTAINLY RESPECT THAT CONGRESS TOOK CARVED OUT THOSE
00:34:43CLAIMS FROM THE, UM, FROM ANY
00:34:44KIND OF PRE-DISPUTE ARBITRATION
00:34:47AGREEMENT. AND I AGREE, EVEN
00:34:49BEFORE THE LAW, IF AN EMPLOYER,
00:34:52UM, DID FORCE SOMEBODY TO SIGN AN AGREEMENT, THEN UNDER THE
00:34:55LAW, THAT SHOULD NOT BE VALID AND PEOPLE SHOULD HAVE A CHOICE
00:34:59AS TO WHETHER TO TAKE THEIR CLAIMS TO COURT IF THEY WISH.
00:35:02>> I THINK IT'S A GOOD RESPONSE, BUT IT REALLY IS INCONSISTENT WITH THE ROLE THAT
00:35:06YOU PLAYED AND THE TESTIMONY YOU GAVE BEFORE THE HOUSE OF
00:35:10REPRESENTATIVES. SO LET ME JUST ASK YOU TODAY, DO YOU THINK
00:35:13FORCED ARBITRATION OF SEXUAL
00:35:15ASSAULT AND SEXUAL HARASSMENT CASES IS RIGHT OR WRONG?
00:35:18>> I DON'T THINK ANYONE SHOULD BE FORCED TO ARBITRATE THEIR CLAIMS.
00:35:21>> YOU'VE CHANGED YOUR POSITION. >> I'VE. I HAVE ALWAYS TAKEN
00:35:24THE POSITION THAT ARBITRATION IS BY CONSENT ONLY.
00:35:28>> WELL, THAT IS A DRAMATIC CHANGE FROM WHERE YOU WERE WHEN YOU TESTIFIED BEFORE CONGRESS.
00:35:32THANK YOU, MR. CHAIRMAN.
00:35:34>> BEFORE I CALL ON SENATOR
00:35:36KENNEDY FOR ENTERING A RECORD, A
00:35:40LETTER IN SUPPORT OF THE NOMINEE
00:35:43FROM MELISSA HOLYOKE, UH, U.S.
00:35:46ATTORNEY, DISTRICT OF UTAH. UH,
00:35:50THEY WORKED TOGETHER ON CONSUMER
00:35:52PROTECTION LITIGATION IN PRIVATE
00:35:54PRACTICE. THE LETTER PRAISED
00:35:57JUDGE SAINT JOHN AND STATED, QUOTE, AS HER COLLEAGUE. I WAS
00:36:01CONSISTENTLY IMPRESSED BY
00:36:04ANNA'S DISPOSITION WHILE ENGAGING WITH OUR COLLEAGUES,
00:36:08OTHER COUNSEL, AND THE COURTS. SHE WOULD CAREFULLY CONSIDER
00:36:12DIFFERING VIEWPOINTS, OPPOSE
00:36:16APPROACH OPPOSING ARGUMENTS WITH
00:36:18INTELLECTUAL HONESTY, AND ALWAYS
00:36:20KEPT HER COMPOSURE DURING THE
00:36:23CIRCUMSTANCES. END OF QUOTE.
00:36:25SENATOR KENNEDY.
00:36:37>> UM. JUDGE, UH, YOU, YOUR
00:36:42SPOUSE, SCOTT'S A PRETTY GOOD LAWYER IN HIS OWN RIGHT, ISN'T
00:36:46HE? YEAH. I'M SORRY I NEGLECTED
00:36:50TO MENTION THAT WHEN I WAS
00:36:50INTRODUCING YOU UM, THIS ISSUE
00:36:57ABOUT, UH, YOUR FEELINGS ABOUT
00:37:00SEXUAL HARASSMENT AND THE
00:37:02RECOURSE OF PEOPLE WHO HAVE BEEN
00:37:05HARASSED SEEMS TO HAVE ARISEN WHEN YOU WERE TESTIFYING. AND AS
00:37:09A PRIVATE CITIZEN BACK IN 2021,
00:37:13BEFORE THE HOUSE, AS I
00:37:17UNDERSTAND IT, AND I'VE READ
00:37:18YOUR TESTIMONY, I'VE READ THE
00:37:23RECORD. UM I DON'T SEE HOW ANY
00:37:28FAIR MINDED PERSON CAN CONCLUDE
00:37:31THAT YOU WERE TRYING TO DO
00:37:33ANYTHING TO IMPEDE SOMEONE
00:37:38WHO'S A VICTIM OF SEXUAL
00:37:40HARASSMENT FROM BEING ABLE TO
00:37:44ADDRESS THE WRONGS UM. UH,
00:37:50HERE'S A QUOTATION I WANT TO,
00:37:52FROM YOUR TESTIMONY, QUOTE YOUR
00:37:55WORDS, NOT MINE. ALLEGATIONS OF
00:38:00SEXUAL HARASSMENT AND ASSAULT
00:38:02SHOULD BE TAKEN SERIOUSLY. AND
00:38:05ACCUSERS AFFORDED THE FULL
00:38:07PROTECTIONS OF THE LAW AS THEY SEEK TO HOLD THOSE RESPONSIBLE
00:38:11TO ACCOUNT, REMOVING ONE FORM OF
00:38:17DISPUTE RESOLUTION, HOWEVER,
00:38:19DOES NOT FURTHER THOSE GOALS.
00:38:21DID I READ THAT CORRECTLY
00:38:25>> OF. >> THAT IS CORRECT.
00:38:27>> NOW DO. IF. IF I AM A VICTIM
00:38:31OF SEXUAL HARASSMENT, I HAVE A
00:38:33NUMBER OF OPTIONS I CAN FILE A
00:38:36COMPLAINT AND TRY TO RESOLVE IT PRIVATELY. IF IT'S IN THE
00:38:40WORKPLACE WITH MY EMPLOYER AND
00:38:43THE ALLEGED PERPETRATOR, CAN I
00:38:48>> YES, YOU CAN. >> OR I COULD CHOOSE TO MEDIATE
00:38:51THE DISPUTE NOT? >> YES, SENATOR.
00:38:55>> OR I COULD CHOOSE TO ARBITRATE THE DISPUTE, COULD I
00:38:58NOT OR I COULD CHOOSE TO GO TO
00:39:02COURT. COULD I NOT?
00:39:04>> THAT'S CORRECT, SENATOR.
00:39:07>> NOW, DO YOU OPPOSE REMOVING
00:39:11ANY OF THOSE OF THOSE OPTIONS FOR SOMEONE WHO'S AN ALLEGED VICTIM?
00:39:14>> NO, SENATOR. VICTIMS SHOULD
00:39:16HAVE THEIR CHOICE OF HOW TO DEAL
00:39:20WITH THESE ISSUES. >> AND AS I UNDERSTAND YOUR TESTIMONY, YOU TELL ME IF I READ
00:39:23IT WRONG, BUT I LOOKED AT IT
00:39:25PRETTY CAREFULLY WHAT YOU WERE
00:39:28SAYING IS THAT, AT LEAST AS I
00:39:31APPRECIATE IT, THAT THAT ALL
00:39:37FORMS OF REDRESS SHOULD BE AVAILABLE TO THE ALLEGED VICTIM RIGHT?
00:39:40>> YES, SENATOR.
00:39:43>> I MEAN, WOULD YOU ELABORATE MORE? BECAUSE I HONESTLY, I
00:39:46DON'T GET IT. I MEAN, I GET
00:39:49POLITICS YOU, YOU KNOW, THE FOLKS THAT DEMOCRAT AND
00:39:53REPUBLICAN AND ALL THAT. BUT MY
00:39:56EXPERIENCE, YOU'RE NOT A VERY POLITICAL PERSON. AND YOU WERE
00:39:58ASKED TO COME TESTIFY. UH, AS A
00:40:02LAWYER AND AN EXPERT IN LAW. SO
00:40:05ME WHAT YOU SAID. >> THANK YOU, SENATOR. AND WHEN
00:40:08I HEAR THESE CRITICISMS, IT
00:40:11FEELS VERY DISCONNECTED FROM MY ACTUAL TESTIMONY. I WOULD NEVER
00:40:14TRY TO SILENCE A VICTIM OF SEXUAL ASSAULT OR HARASSMENT. MY
00:40:18POINT IN MY TESTIMONY WAS TO
00:40:20PROVIDE SOME CONTEXT FOR HOW
00:40:22MANY DIFFERENT OPTIONS FOR RESOLVING THESE CLAIMS, AND
00:40:25ADDRESSING THESE CLAIMS SHOULD BE AVAILABLE TO WOMEN. UM, AND,
00:40:28YOU KNOW, FORCING THEM INTO LITIGATION OR FORCING, YOU KNOW,
00:40:32TAKING AWAY THEIR CHOICE OF ONE OPTION OR ANOTHER, UM, IS NOT
00:40:35ACTUALLY SUPPORTING THE VICTIMS. AND CONGRESS SHOULD DO AS IT
00:40:38SEES FIT TO MAKE SURE THAT THESE
00:40:43VICTIMS STILL HAVE OPTIONS FOR RESOLVING THIS, THESE TERRIBLE EVENTS.
00:40:45>> OKAY UM, DO YOU CONSIDER ACTS
00:40:53OF SEXUAL HARASSMENT? TO BE
00:41:00REPUGNANT? >> YES. OF COURSE.
00:41:02>> AND DO YOU SUPPORT THE RIGHT
00:41:06OF ANYONE WHO CLAIMS TO BE
00:41:13SEXUALLY HARASSED? TO TO BE ABLE
00:41:14TO HAVE THEIR ALLEGATIONS HEARD IN ACCORDANCE WITH THE RULE OF
00:41:18LAW AND DUE PROCESS? >> YES, ABSOLUTELY.
00:41:21>> ARE YOU IN YOUR TESTIMONY?
00:41:23DID YOU SUPPORT ALL FORMS OF
00:41:27REDRESS? DO YOU THINK WE OUGHT
00:41:29TO PRECLUDE SOMEBODY FROM GOING
00:41:32TO COURT OR NOT GOING TO COURT, OR ARBITRATING OR NOT
00:41:35ARBITRATING OR MEDIATING OR NOT MEDIATING? >> NO, I DIDN'T TAKE ANYTHING
00:41:39OFF THE TABLE. >> OKAY. I DIDN'T THINK YOU
00:41:42DID. I READ IT PRETTY CAREFULLY. ALL RIGHT. WELL, THANK YOU,
00:41:46JUDGE. UM, I APPRECIATE YOUR
00:41:52CANDOR. I'M DONE, MR. CHAIRMAN. >> BY THE TEMPORARY POWER VESTED
00:41:54IN ME, I RECOGNIZE SENATOR
00:41:58WHITEHOUSE. >> THANK YOU, MR. TEMPORARY.
00:42:01CHAIRMAN. UM, I'M NOT GOING TO
00:42:03BE ABLE TO VOTE FOR THIS
00:42:07NOMINEE. AND I WANTED TO, UH,
00:42:09EXPLAIN WHY, UM HER HISTORY
00:42:14WITH, UH, HAMILTON, LINCOLN LAW
00:42:18INSTITUTE, CENTER FOR CLASS
00:42:20ACTION, FAIRNESS, COMPETITIVE
00:42:23ENTERPRISE INSTITUTE, AND
00:42:26INDEPENDENT WOMEN'S FORUM
00:42:30CREATES CONCERNS FOR ME THAT SHE
00:42:31HAS SIMPLY, FOR TOO MANY YEARS,
00:42:34INHABITED THE LEONARD LEO KOCH
00:42:38BROTHERS, JUDICIAL SLASH
00:42:42POLITICAL OPERATION MACHINE. UM,
00:42:46I THINK THAT GROUP OF INTERWOVEN
00:42:50ORGANIZATIONS HAS A VERY SPECIFIC GOAL, WHICH IS TO PUT
00:42:52PEOPLE ON TWO COURTS WHO, WHEN
00:42:55THE TIME IS RIPE, CAN BE RELIED
00:42:59ON TO MAKE THE DECISIONS THAT THEY WANT. AND, UM, I DON'T
00:43:03THINK THAT'S WHAT BEING A JUDGE
00:43:04IS ABOUT. I DON'T THINK THAT'S
00:43:08WHAT THIS COMMITTEE SHOULD BE ABOUT. IT HAS NOTHING TO DO WITH
00:43:11CONSERVATIVE VERSUS ACTIVIST. I
00:43:17THINK SOME OF THE MOST ACTIVIST
00:43:20DECISIONS THAT HAVE BEEN RENDERED HAVE COME FROM JUDGES
00:43:23WHO'VE COME OUT OF THAT SAME
00:43:26KOCH BROTHERS, LEONARD, LEO
00:43:29NETWORK OF JUDICIAL SLASH
00:43:33POLITICAL INFLUENCE. UM,
00:43:36COMPETITIVE ENTERPRISE
00:43:38INSTITUTE, A FREQUENT DARK MONEY
00:43:42AMICUS IN COURTS, HAS TAKEN
00:43:47ROUGHLY $10 MILLION FROM DONORS,
00:43:48TRUST AND DONORS CAPITAL FROM
00:43:522012 TO 2022, 400 000 FROM KOCH,
00:43:56ORGANIZATIONS FROM 2014 TO 2021.
00:43:57AND ITS PRESIDENT BECAME THE
00:44:00PRESIDENT OF DONORS TRUST IN
00:44:022015. DONORS TRUST IS DESCRIBED
00:44:05AS THE DARK MONEY ATM OF THE FAR
00:44:11RIGHT HAMILTON LINCOLN LAW
00:44:14INSTITUTE TOOK AT LEAST $1.25
00:44:16MILLION IN LITIGATION GRANTS
00:44:19FROM DONORS TRUST SINCE 2021.
00:44:22INDEPENDENT WOMEN'S FORUM TOOK
00:44:27$300,000 FROM LEONARD LEO'S JUDICIAL EDUCATION PROJECT IN
00:44:302018, AND MORE THAN $13 MILLION
00:44:39FROM DONORS TRUST FROM 2017 TO 2018. KNOW WHY DONALD TRUMP
00:44:42CALLED LEONARD LEO A SLEAZEBAG.
00:44:45SOMETHING'S GOING ON. THAT'S A
00:44:46LITTLE WEIRD. THERE. BUT WHAT I
00:44:51DO BELIEVE IS THAT A PERSISTENT EFFORT BY THE FAR RIGHT WING,
00:44:54FUNDED BY A LOT OF BILLIONAIRES WHO ANONYMIZE THEIR MONEY
00:44:57THROUGH DONORS TRUST AND INTO
00:44:59FRONT GROUPS, IS A VERY, VERY POWERFUL FORCE IN JUDICIAL
00:45:02APPOINTMENTS RIGHT NOW. AND MISS
00:45:05SAINT JOHN, I'M SORRY TO SAY
00:45:07THAT, UM, BASED ON THAT RECORD,
00:45:10I CAN'T HELP BUT BELIEVE THAT WHEN THE TIME COMES AND THE
00:45:13RIGHT AMICUS COMES BEFORE YOU,
00:45:15THAT'LL BE THE SIGNAL FOR YOU
00:45:17TO RENDER THE DECISION THAT THEY
00:45:19WANT. SO THAT'S WHY I'M NOT
00:45:21GOING TO BE VOTING FOR THIS
00:45:24NOMINEE. UM, I'D ALSO LIKE TO
00:45:26ADD, BECAUSE IT'S JUST BEEN IN
00:45:29THE NEWS RECENTLY, UM, COMMENT ON THE SITUATION WITH THE U.S.
00:45:32ATTORNEY, JEANINE PIRRO AND THE
00:45:37ACTION THAT THE DISTRICT OF COLUMBIA, U.S. ATTORNEY'S
00:45:40OFFICE TOOK IN THE REFLECTING
00:45:44POOL CASE. WE SAW AN AWFUL LOT
00:45:46OF LYING TAKE PLACE. FOR
00:45:50INSTANCE, THE SECRETARY OF THE INTERIOR, JUST A MONTH AGO ON
00:45:54CNN, WAS ASKED ABOUT THAT LINING. IT PEELED OFF. WHY DID
00:45:58THAT HAPPEN? DO YOU KNOW IT
00:46:02DIDN'T PEEL OFF? HE SAID THERE
00:46:05WAS THERE WAS VANDALISM. HE SAID
00:46:07THERE WERE BOX CUTTERS. HE SAID
00:46:11QUESTI TH CAME BACK. YOU'RE 100% SURE THAT WHAT HAPPENED
00:46:15WITH THE LINER WAS VANDALISM.
00:46:16YOU CAN PROVE IT. OH, YES.
00:46:20ABSOLUTELY, HE SAID. U.S. ATTORNEY PIRRO SAID THE SAME
00:46:24THING IN A BIG PRESS SPLASH
00:46:27ANNOUNCING THE INDICTMENT OF THE FORMER OLYMPIAN AGAINST WHOM THE
00:46:31CHARGES WERE JUST DROPPED. WHY
00:46:33WERE THEY DROPPED? THEY WERE
00:46:37DROPPED BECAUSE THE CASE RAN INTO A WALL. A WALL BASED ON A
00:46:41DECISION CALLED BRADY VERSUS
00:46:43MARYLAND WHICH CREATES A
00:46:46CONSTITUTIONAL CONSTITUTIONAL
00:46:50DUTY. ON THE GOVERNMENT TO DISCLOSE EXCULPATORY EVIDENCE TO
00:46:53ANYONE. IT IS CHARGED WITH A
00:46:56CRIME, AND THE U.S. ATTORNEY'S
00:46:58MANUAL, WHICH THEY NOW CALL THE
00:47:00JUSTICE MANUAL, ACTUALLY HAS A
00:47:03ROBUST SECTION DIRECTING
00:47:05PROSECUTORS NOT JUST TO ADHERE TO THE MINIMUM CONSTITUTIONAL
00:47:09STANDARD, BUT TO GO OUT OF THEIR WAY TO MAKE SURE THAT ALL
00:47:10EXCULPATORY EVIDENCE GETS DELIVERED TO THE DEFENDANT. SO
00:47:14THE ACTUAL LAWYER IS GOING TO
00:47:16ACTUAL COURT. WE'RE LOOKING AT
00:47:18HAVING TO TURN OVER EXCULPATORY
00:47:25EVIDENCE THAT, ACCORDING TO THE U.S. ATTORNEY'S OWN PLEADING,
00:47:29WAS WITHHELD FROM THEM BY THE
00:47:36DEPARTMENT OF INTERIOR. SO A
00:47:38U.S. CITIZEN WAS FALSELY
00:47:42INDICTED BASED ON INCOMPLETE
00:47:44INFORMATION, WHILE THE
00:47:47GOVERNMENT, AT LEAST AT THE
00:47:49DEPARTMENT OF INTERIOR, HELD INFORMATION THAT IT DID NOT
00:47:52DISCLOSE TO THE DEPARTMENT OF
00:47:55JUSTICE THAT WOULD HAVE BLOWN UP THE INDICTMENT THAT SHOULD HAVE
00:47:58BEEN DISCLOSED TO THE GRAND
00:47:59JURY. THIS WHOLE EXERCISE WAS
00:48:02DISGRACEFUL, AND THE FACT THAT SENIOR GOVERNMENT OFFICIALS
00:48:06STILL CONTINUE TO LIE ABOUT THE
00:48:08VANDALISM AFTER WHAT THEY'VE SEEN, JUST MAKES IT WORSE. THANK
00:48:12YOU, CHAIRMAN
00:48:15>> SENATOR BLUMENTHAL.
00:48:22>> THANKS. THANK YOU, SENATOR DURBIN. UH, JUDGE SAINT JOHN,
00:48:24YOU WERE HERE JUST MONTHS AGO,
00:48:30FEBRUARY 4th, 2026. AND I ASKED YOU A NUMBER OF QUESTIONS. I'M
00:48:32GOING TO ASK YOU THE SAME
00:48:35QUESTIONS, BEGINNING WITH WHO
00:48:39WON THE 2020 ELECTION.
00:48:45>> SENATOR, EXCUSE ME. PURSUANT
00:48:47TO THE 12th AMENDMENT AND ARTICLE TWO, THE ELECTORAL
00:48:51PROCESS IS THE PROCESS BY WHICH
00:48:53A PRESIDENT IS SELECTED. AND IN
00:48:55JANUARY 2020, JOE BIDEN WAS
00:48:58CERTIFIED BY THE ELECTORAL COLLEGE AND SERVED.
00:49:00>> SO YOU ARE UNWILLING, AGAIN,
00:49:04TO ANSWER THAT QUESTION TRUTHFULLY? CORRECT. >> SENATOR, I'VE PROVIDED A
00:49:07RESPONSE THAT IS ETHICALLY
00:49:10APPROPRIATE AND LEGALLY CORRECT.
00:49:12>> IT IS ETHICALLY INAPPROPRIATE
00:49:16FOR YOU TO FAIL. TO BE CANDID WITH THIS COMMITTEE AND TO GIVE
00:49:20US THE CANNED, REHEARSED ANSWER
00:49:24THAT YOU HAVE BEEN PROGRAMED BY THE TRUMP WHITE HOUSE TO
00:49:27PROVIDE. LET ME MOVE ON. UH, WAS
00:49:31THE UNITED STATES CAPITOL
00:49:33ATTACKED ON JANUARY 6th, 2021?
00:49:37>> SENATOR, I HAVE REVIEWED SOME TESTIMONY AND NEWS REPORTS. EXCUSE ME, SOME VIDEOS AND NEWS
00:49:41REPORTS SHOWING THAT THERE WERE
00:49:43SOME PHYSICAL ASSAULTS ON LAW ENFORCEMENT. AND I COMPLETELY
00:49:47CONDEMN ANY KIND OF VIOLENCE AGAINST LAW ENFORCEMENT.
00:49:51>> WAS THE CAPITOL ATTACK? >> YOU KNOW, I WOULDN'T BE
00:49:55CAREFUL WITH THE SPECIFIC LANGUAGE I USE, BECAUSE I AM A
00:49:57FEDERAL JUDGE AND SUBJECT TO.
00:49:59>> A FEDERAL.
00:50:02>> JUDGE.
00:50:06>> FEDERAL JUDGES HAVE NOT ONLY
00:50:08ACKNOWLEDGED, BUT STATED CLEARLY
00:50:11THAT THE CAPITOL WAS ATTACKED.
00:50:14JUSTICE AMY CONEY BARRETT, IN
00:50:19HER DISSENT IN FISCHER VERSUS
00:50:25THE UNITED STATES, SAID, AND I'M QUOTING A MOB OF RIOTERS
00:50:28THAT BREACHED THE CAPITOL ON
00:50:31JANUARY 6th, 2021, AND THAT THE
00:50:37RIOTERS, QUOTE, CONDUCT, WHICH INCLUDES TRESPASSING AND A PHYSICAL CONFRONTATION WITH LAW
00:50:39ENFORCEMENT, WAS PART OF A
00:50:44SUCCESSFUL EFFORT TO FORCIBLY HALT THE CERTIFICATION OF
00:50:46ELECTION RESULTS. DO YOU AGREE
00:50:50WITH JUSTICE CONEY BARRETT? >> WELL, I WAS GOING TO AGREE
00:50:53THAT THE SUPREME COURT HAS USED
00:50:55THE TERM. THE CAPITOL WAS BREACHED. AND GIVEN THAT I'M
00:50:58SUBJECT TO SUPREME COURT PRECEDENT, AND THAT'S LANGUAGE THAT HAS BEEN USED BY THE COURTS, I'M COMFORTABLE
00:51:02ADOPTING THAT LANGUAGE. YES, SENATOR.
00:51:04>> SO YOU AGREE THAT THE CAPITOL
00:51:07WAS ATTACKED ON JANUARY 6th? >> YOU KNOW, I AGAIN, I WANT TO
00:51:10BE VERY CAREFUL WITH MY LANGUAGE, BECAUSE THIS IS A
00:51:13POLITICALLY CONTROVERSIAL SUBJECT, AND I'M SUBJECT TO THE
00:51:16JUDICIAL CANONS, AS I AS YOU NOTED, THE SUPREME COURT HAS
00:51:19DESCRIBED IT AS A BREACH OF THE
00:51:21CAPITOL
00:51:24>> JUSTICE BARRETT SAID THAT A MOB OF RIOTERS BREACHED THE
00:51:27CAPITOL, AND JUDGE TIMOTHY
00:51:30KELLY, ALSO A TRUMP APPOINTEE,
00:51:32SAID, QUOTE, AS THE COURT HAS SAID MANY TIMES, THE ATTACK ON
00:51:35THE CAPITOL ON JANUARY 6th,
00:51:372021, WAS A PERILOUS EVENT. IT
00:51:44WAS AN ATTACK ON PEOPLE, INCLUDING POLICE OFFICERS, MANY
00:51:46OF WHOM WERE INJURED. DO YOU
00:51:51THINK JUDGE KELLY IS BEING LESS CAREFUL THAN HE SHOULD BE
00:51:54CALLING IT AN ATTACK? >> I WOULDN'T BE CAREFUL WITH MY
00:51:56OWN PERSONAL RESPONSE, AND ALL OF THE ATTACKS AGAINST LAW
00:52:00ENFORCEMENT. AGAIN, I COMPLETELY CONDEMN.
00:52:03>> YOU KNOW, OTHER JUDGES HAVE
00:52:08SIMILARLY ACKNOWLEDGED THAT THERE WAS AN ATTACK ON THE
00:52:09CAPITOL ON JANUARY 6th, 2021. I
00:52:14THINK IT IS FUNDAMENTALLY DISRESPECTFUL TO THE CAPITOL
00:52:17POLICE, WHO FOUGHT BACK AGAINST
00:52:20THAT ATTACK. IT IS DISRESPECTFUL
00:52:24TO THE TRUTH OF WHAT HAPPENED ON
00:52:26THAT DAY. BUT MOST IMPORTANT, IT
00:52:29INDICATES THAT YOU ARE CONTINUING AND EMPHASIZE
00:52:33CONTINUING TO ADOPT THE
00:52:37PRESIDENT'S DISTORTED AND
00:52:41INACCURATE ILLUSION ABOUT WHAT HAPPENED ON THAT DAY, THAT HE
00:52:43HAS, IN EFFECT, USED TO TRY TO
00:52:48REWRITE HISTORY. AND IT INDICATES A LACK OF
00:52:50INDEPENDENCE. I THINK THAT LACK
00:52:52OF INDEPENDENCE IS DISQUALIFYING
00:52:54FOR YOU TO BE A JUDGE ON THE
00:52:59DISTRICT COURT, NOT TO MENTION THE COURT OF APPEALS. IT'S THE
00:53:03REASON THAT I VOTED AGAINST YOUR NOMINATION FOR THE DISTRICT
00:53:06COURT. BUT NOW THAT YOU ARE ON
00:53:09THE DISTRICT COURT, YOU HAVE A
00:53:12LIFETIME APPOINTMENT. PRESIDENT TRUMP CAN'T DO ANYTHING TO YOU.
00:53:14YOU HAVE NO REASON TO FEAR HIS
00:53:17VAUNTED VINDICTIVENESS AGAINST
00:53:21ANYONE WHO WOULD DEFY HIS
00:53:24ILLUSION. ABOUT JANUARY 6th AND
00:53:27YOUR FAILURE TO BASICALLY SPEAK
00:53:30TRUTH TO THIS COMMITTEE. I THINK, INDICATES THAT YOU WILL
00:53:34FAIL TO SPEAK TRUTH TO POWER IF
00:53:36YOU ARE CONFIRMED AS A JUDGE ON
00:53:39THE COURT OF APPEALS. UH, THE
00:53:43THE REHEARSED AND REGURGITATED
00:53:45LANGUAGE THAT YOU'VE GIVEN US TODAY. I THINK, IS
00:53:49DISQUALIFYING. AND I REGRET
00:53:52THAT. I REGRET THAT YOU CAN'T DO
00:53:58BETTER. THANK YOU.
00:54:33>> NOW, ADAM CAN DO THE NOMINEE
00:54:35TO SERVE AS ASSISTANT ATTORNEY
00:54:38GENERAL FOR THE JUSTICE DEPARTMENT'S ANTITRUST DIVISION,
00:54:42TESTIFIES ALONGSIDE OTHER
00:54:44JUDICIARY NOMINEES DURING THE SAME SENATE CONFIRMATION HEARING. THIS PORTION ALSO
00:54:48INCLUDES TESTIMONY FROM NOMINEES
00:54:49TO SERVE ON THE U.S. SENTENCING
00:54:54COMMISSION.