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Senator Josh Hawley is putting on a clinic for how that ‘advise and consent’ function of Senate Review is supposed to work.
Unlike the circus shows we saw the Democrats put on with the dirty tricks and slander of the Kavanaugh hearing (Did that Avanatti client Julie Swetnick face any consequences for lying under oath in an effort to destroy Kavanaugh’s career?), or the coordinated protests organized in an attempt to derail ACB’s nomination, or even the open ‘reap the whirlwind’ threats Chuck Schumer launched at SCOTUS if they dared to exercise their Constitutional authority in a way of which he did not approve, Hawley actually respects the Constitutional process.
He is not, as his detractors claim, slandering the nominee. He is not embarking on the politics of personal destruction, like a certain Senator Biden did with his attempt at a high-tech lynching of a certain ‘uppity black’ SCOTUS nominee so many years ago.
No, Senator Hawley is interested in the precise scope of his responsibility: advise and consent. The candidate sent forward by Joe Biden is either worthy of the nation’s trust for one of the most important roles in our government, or she is not. The best way to know that is to examine how that candidate has shown evidence of her good (or poor) judgment in the past.
Unlike Joe Biden, (who, incidentally has vetoed black female Republican judicial nominees in the past) Republicans are not first and foremost interested in which intersectional boxes a candidate can check off. We are interested in whether they will be able to do the job they have been appointed to do.
Hawley has found some serious red flags in her past rulings. Specifically, why does she seem to be so lenient on sentencing sex offenders?
Example one: child porn distributor. Sentancing guidelines: 19-121 months in prison. Prosecution recommended 24 mos in prison. Jackson sentanced defendant 3 months.
Example two: 48 files of child porn. Guidelines 78-97 months in prison. Prosecution recommended the same. Jackson sentanced defendant to 28 months.
Example three: distributed dozens of images of child porn, possesed 100s. Guidelines 151-188 months in prison. Prosecution recommended 72 monts. Jackson sentanced defendant to 60 months… the lowest permitted by law.
Example four: child porn distributor. Sentancing guidelines: 19-121 months in prison. Prosecution recommended 24 mos in prison. Jackson sentanced defendant 3 months.
Example 5: distributed 33 graphic images and videos of child sexual assault over an app. Sentancing guidelines: 70-87 months in prison. Prosecution recommended 70 mos in prison. Jackson sentanced defendant to only 60 months, again the legal minimum.
There were two others named. In all of the cases where she had any discretion, she gave a sentence that was lower than the guidelines or by the prosecutor’s recommended guidelines.
Here’s the full exchange.
Hawley is not presenting Judge Jackson with questions about ‘boofing’, or her schedule in high school, or whether she likes beer.
He is asking substantive questions about judicial rulings.
If Democrats weren’t so interested in Borking every Republican nominee they could possibly sandbag, maybe they could have taken an interest in what some very good nominees of the past — including those racial minorities they claim to care so much about — like Miguel Estrada whose nominee was derailed by none other than Chuck Schumer.
By the rules of the game, I suppose that must make Schumer a racist, too.
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