Ted Cruz Fiercely Explodes On Democrats For Biden's Mind Blowingly Unqualified Nominees
Published: Aug 28, 2024
Duration: 00:32:31
Category: People & Blogs
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Jo Biden White House is saying a radical who wants sex offenders who wants pedophiles to be able to live next door to daycares that's who should be a federal judge Senator Cruz thank you Mr chairman uh I'm glad to welcome our colleague Senator Feinstein back to this committee but I will say what's going to happen next I think is going to be quite unfortunate for the the American people because what we're about to see this committee do is vote on several nominees who are so extreme who are so unqualified that they could could not have a prayer of getting even a single Republican vote on this committee and as everyone knows Senator Graham votes for most of Biden's nominees it is unusual that Senator Graham does not give a Republican vote to a Biden nominee but there's a small subset of these nominees that are so beyond the pale that they have no prayer of getting a republican nominee and frankly if my Democrat colleagues valued the responsibility of the Senate's advise and consent my Democrat colleagues would tell the White House these nominees are unacceptable this first nominee charell Beckel grren is so amazingly unqualified she may well have the title for the least qualified nominee I've seen in 11 years serving on this committee when Senator Kennedy asked her what article 5 of The Constitution was she had no idea when Senator Kennedy asked her what article two of the Constitution was she said I don't know mind you article two is the provision of the Constitution that creates the president the executive branch of the government any firste law student that didn't know what article two of the Constitution was would flunk conlaw this is not some obscure question about some Latin phrase no one should know this is literally the basic architecture of our constitution by the way Joe Biden has nominated her to be an article three judge article three is right after article two it creates the federal Judiciary I assume she doesn't know what that is either I would note that the chairman in defending her suggested well gosh there maybe some members of our committee that don't know what Article 2 is I feel confident that's not true but if there is on either side of the aisle you should stand up and resign the committee right now to give you a sense of how unqualified this nominee is she listed in her Judiciary questionnaire her top 10 litigated cases and I just want you to pause and read this for a second her top 10 she did a driver's license revocation she did a second dri driver's license revocation she did an unemployment benefits appeal she did another Unemployment Benefits case she did another unemployment benefit case and her sixth case was an Unemployment Benefits case where on the opposing side was a prosay litigant in other words this poor fow didn't have a lawyer and you know what the prosay litigant beat her she lost to a pro litigant what's her seventh most consequential case I'm sorry there isn't one there's not an eighth there's not a ninth there's not a 10th she's argued over a couple of driver's licenses and the Biden White House says you should be a federal judge an article three judge not that you have any idea what in the hell that is in this Administration if you were a left-wing radical it doesn't matter if you're competent in Washington state is there not a single comp lawyer who who is competent to be a judge and by the way for all the Democrats since Joe Biden has become president every one of you has rubber stamped every single nominee is there not a one of you that is willing to say enough is enough When Donald Trump was president on the Republican side we confirmed some fantastic judges but there were several we sent back that we said no you missed it on this one there's not even one Democrat willing to say enough is enough and by the way she's not the only one another one being considered a nominee Kato Cruz thankfully not spelled CRZ spelled CWS when asked about Brady versus Maryland what are the foundational criminal law classes again first year criminal law you learn about Brady she said I'm sorry I don't what Brady is that'll be a problem if she's ever presiding over a criminal case there are a number of members of this committee who have tried criminal cases do you know what Brady is of course you do because if you're remotely competent you know what it is not this judge look sadly the standard for nominees now seems to be licensed attorneys in Washington have you ever handled criminal case you ever tried a jury trial if you ever Ste foot in federal court well then please contact Senate Democrats because you too can be a federal judge I want to end with one more nominee that we're getting ready to Ram through on Partyline votes that is Judge Maran gastone nominated for a seat in San Diego judge gastone look we've seen some radicals we had a nominee earlier that this committee rubber stamped who said he woke up every morning motivated by his hatred for conservatives Senate Democrats says sounds like a judge to me but let's see just how moonbat crazy we're willing to put on the bench here's a quote from Judge gastone children are not safer because registered sex offenders are prohibited from residing near schools Parks daycare centers and other places where children tend to gather and in fact judge gastone continued let's go to the next one judge gastone continued the conclusions and recommendations are that difficult as it might be so at least judge castone recognizes this is pretty Wingnut the conclusion laws that regulate where sex offenders may not live should be repealed or substantially modified in the interest of Public Safety so I want you to understand the Joe Biden White House is saying a radical who wants sex offenders who wants pedophiles to be able to live next door to daycares that's who should be a federal judge look some of y'all here represent blue States many of y'all represent blue States I guarantee you in any one of your States you go to Vermont ask the people of Vermont hey what do you think about having a pedophile live next door to an elementary school to a kindergarten to a daycare they'd look at you and say are you out of your mind that's who the Biden White House has given you now I genuinely don't understand why Senate Democrats on this committee don't have enough respect for the Constitutional role of the Senate to exercise some check and balance on the White House I don't think they'll make you hand in your card carrying Democrat cards to say gosh darn it we ought to have a judge who knows what the heck he's doing John Kennedy has left bloody carcasses in this hearing from Trump nominees who didn't have sufficient experience to do the job I ask my colleagues if you vote for these nominees you're going to have to defend them to your constituents you're going to have to explain why why a lawyer who handled a couple of driver's license revocations and doesn't know what article two of the Constitution is should be a federal judge in charge of your life your rights and the law and you're going to have to explain why you think it's a great idea that sex offenders and pedophiles should live next door to daycare centers I think that's nuts and I think most of our constituents do too Mr chairman Senator Lee uh Mr chairman I I I too have concerns with this nomination I've spoken more than on a few occasions about various nominees people nominated to the courts by President Biden and in some instances I've raised concerns in particular about their qualifications we've had some who have either refused to answer but more commonly proven unable to answer really basic questions about elementary principles of civil procedure the sixth amendment uh The Rules of Evidence and even the Constitution it's concerning on a number of levels uh look it's not as though there were a shortage of lawyers in America it's not as though there are a shortage of well-qualified lawyers in America people who have practiced before federal courts routinely uh through the course of their profession nor is it difficult to find lawyers who are well qualified based on many years of practice before various federal courts including in many instances the court to which they've been nominated who who are themselves uh ideologically compatible with this Administration uh legal Academia in the United States leans a particular direction and it's it's not toward conservatism it's not hard to find people who are compatible with this administration's approach to statutory construction uh to jurist Prudence as a whole who are also well qualified it's why I find some of this confusing and of all the the nominees who couldn't answer the most basic of constitutional questions judge Belin Gren May well take the cake again wa when when asked U um by pres by by Senator John Kennedy she she admitted that she wasn't familiar with Article 5 of The Constitution or with article two of the Constitution if I'm not mistaken she said something to the effect that you know haven't litigated over those things well most people haven't litigated over them they're essential to understand nonetheless they they're critical parts of the Constitution and it's not as though the Constitution contains that many articles um it's stunning that she couldn't even comment on the subject matter of those constitu those foundational constitutional Provisions what one doesn't have to have litigated on those things to know what they are and to be expected to know what they are look I wouldn't hire a law clerk who couldn't answer those basic questions and so I I certainly can't fathom supporting a Federal Judicial nominee for a lifetime appointment uh as a federal judge who can't now let's stop and remember here for a minute what a federal judge is and and and does it's not just that it's a lifetime appointment um it's a lifetime appointment for a job that will impact people's lives livelihoods freedom whether they go to prison whether they win or whether they lose on a wide variety of topics federal judges are required to be generalists in in in a very real traditional sense they're required to have a pretty significant deep understanding of the federal rules of civil procedure and the federal rules of criminal procedure the federal Rules of Evidence and need to know their way around the US code and certainly they need to be familiar with the basic elements of the US Constitution anyone who's ever practiced before any Court especially the federal courts as I have has experienced what it's like to appear before a judge who is less qualified than other judges and to describe it as a painful experience to everyone involved especially those represented by the lawyer is a vast vast understatement so we're not just being petty here and raising this concern this will have real world implications real implications that can be very painful that can be very devastating uh most most people don't want their case handled tried adjudicated uh by an inexperienced judge anymore than they would want to get a root canal U uh performed by someone who doesn't know how to practice dentistry and so this this really is concerning I know this Administration can do better and I expect this Administration to do better there is no shortage of people capable of doing this there's no shortage of of nominees who know what article two and Article 5 of The Constitution are there's no shortage of nominees even who share the president's world view who haven't tried publicly to shame a 15-year-old victim of sexual abuse there just isn't you don't have to do this now as to the suggestion I'm that I'm sure it's coming because it's come every time we've raised concerns in the past suggestion is going to be well you don't raise these concerns when a president when a Republican president is in the white house that's not true we did I personally voted against a number of them who weren't qualified or who had issues I personally on occasion would even reach out to the White House and said what are you doing this doesn't work I'd urge each of you to do the same just think of the litigants in your respective States and across America who will be negatively impacted by someone who not only doesn't know their way around the courtroom but doesn't understand the law we can do better and I expect the White House to do so anyone else seek recognition Senator padillo thank you uh Mr chair I wasn't going to speak but uh since one of the nominees from California has been uh specifically pointed out I feel an oblig to respond to uh uh the attacks frankly judge Gaston is an experienced highly qualified nominee who has already served as a judge in California since 2015 prior to her service on the bench she served as a deputy public defender in San Diego judge Gaston has presided over more than 500 trials including hundreds that deal that have dealt with abuse and neglect of children and during that time she's dedicated ated to the protection of abused and neglected children and members of the legal Community including child Advocates have praised her for her work to protect particularly vulnerable children she also spent three years presiding over San Diego Superior Court resilience is strength and empowerment Court also known as The Rise Court which serves youth survivors of commercial sex trafficking ensuring their safety and that their educational psychological and physical health needs were met as part of this work she also instructed State officials including law enforcement on how to best serve and protect children in the courtroom and I lay all this out Mr chairman because it is patently incorrect to suggest that a position paper that judge Gaston co-authored 15 years ago argues that sex offender Registries do not keep children safe now I understand the paper is being Twisted in bad faith to suggest that judge Gaston uh was diminishing the importance of sex offender Registries and other laws related to sex offenders but that is not what it said what the paper actually did was make several Public Safety arguments which by the way were supported by local prosecutors as well as parole and probation groups and grounded in research imagine that grounded in re research about how we can bestest ensure the safety of our children from sexual abuse by keeping sex offenders off the streets and specifically the paper that's being referred to argues that children may be less safe due to the unintended consequences of sex offender residency requirements which push sex offenders into homelessness once a sex offender is does no longer have a residence it is impossible to track them and protect our children I have entered into the record four support letters for judge Gaston and I will uh read from just a few of them to help further make the point first uh from a letter from presiding judge of the San Diego Superior Court Judge Michael Smith uh quote her commitment to Public Safety to protection and Welfare of children and the rule of law uh he is writing in her support Second a letter from retired Superior Court judge and former district attorney Bonnie dumanis who said that while The Residency restrictions that issue in judge Gaston's position paper were well intentioned all of us who car deeply about protecting victims of sexual assault came to realize there were harmful un unintended consequences of adding residency restrictions that would not protect from further offending but would cause those required to register to go homeless and register as transient and finally letter from uh one of her uh former colleagues in the district attorney's office uh attorney Phyllis chess the outlines in his letter of support that the position taken by the paper was not radical and in fact California law now provides for individualized residents restrictions rather than exclusion zones as the paper recommended so I I I get into this level of detail Mr chair just to reiterate the point that the uh paper being referenced is a result of nothing other than a common sense position advice recommendation to State officials supported by members of law enforcement child Advocates and judges the letters also demonstrate just how very well regarded judge Gaston is in the Southern California legal community and what an asset she will be on the federal bench thank you Mr chair I'd like to say in response to the comments made on the Republican side about the other two nominees the ABA rated judge bingren qualified to serve on the district court as a Washington Superior Court Judge she presided over 130 jury and bench trials as an assistant attorney general for the Washington attorney general's office she tried more than 150 cases judge Cruz was rated unanimously wel qualified by the American Bar Association during his 17 years in private practice he tried 18 cases to verdict including 15 as solar Chief counsel 2018 unanimously appointed by the active duty District judges to serve as a magistrate in his time on the bench he's already issued more than 1,700 recommendations and orders and has presided over five jury trials these nominees records as litigators and as judges are the best indicators of their abilities our response during the hearing does not negate one response during the hearing does not negate a lifetime of service Justice Amy Cony Barrett had trouble with a question she was asked to name the five freedoms in the First Amendment she could not do that yet she was quickly dispatched to the Supreme Court with every Republican voting in favor of her nomination Senate Republicans clearly did not take that misstep to be an indicator of her abilities they confirmed her to the highest court in the land and I might note when she was up for Circuit Judge she was asked to list the prominent cases in her legal background she was given an opportunity to list 10 she listed three since the 1980s the ABA has rated a total of 22 judicial nominees not qualified to serve as federal judge since 1980 president Trump accounted for 10 of these nominees eight of whom were ultimately confirmed with strong support from Senate Republicans so I just say to that when it comes to nominees trial experience and answering questions the there is not consist assistant record on the other side Mr chairman I'm going to recognize the senator from Texas again but I ask him to please let us get to a roll call so I'll say two things briefly number one Mr chairman you've just made a very powerful and infective effective indictment of the ABA and its role in judicial confirmations you're right the ab has been wildly partisan so they routinely find republican nominees to be unqualified even when they have Decades of experience and and very significant experience and I got to say if the ABA tells you that if you don't know what article two of the Constitution is and you've only tried seven cases mostly driver's license revocation cases you're qualified to be a federal judge well then the ABA ought to get out of the business of rating judges and and I I'll just ask my colleagues something every one of you answer this question to yourself seriously if you were interviewing a chief counsel all of us have chief counsels on this committee if you're interviewing a law Clerk and the interview if you asked that interviewee what's article two of the Constitution and that person said damned if I know would you hire him you all know the answer is no none of you would hire someone who didn't know what Article 2 was to be a law clerk on your Judiciary staff and yet you're all prepared to rubber stamp this person as an article 3 judge let me say secondly very briefly I understand why the senator from California wants to distance himself from the record of of Judge gastone and he suggested that her report was I think the the language he used was Common Sense recommendations well you know John Adams famously said facts are stubborn things so I will point out I have that report right here in my hand it is called position paper on sex offender residence restrictions so it's all about where can sex offenders live can they live next to schools can they live next to kindergartens can they live next to dayc carees yes or no judge gastone helped author it and the verbatim quotes quote number one quote children are not safer because registered sex offenders are prohibited from residing near schools Parks daycare centers and other places where children tend to get quote number two the conclusions and recommendations in other words what they're saying in this report are that difficult as it might be laws that regulate where sex offenders may not live should be repealed or substantially modified in the interest of Public Safety Mr chairman I ask unanimous consent that the entire report be entered into the record so that people can read it and see that it says exactly what I'm quoting from that objection and I have to say to my friend from California if saying sex offender should be allowed to live next door to daycare centers is common sense then that's a very different definition of common sense than than most people in Texas and I suspect most people in in virtually all of our states [Music] [Applause] [Music] spech [Music] fore [Music] [Music] fore boy ho [Music] [Music] so [Music] for iar [Music] [Music] [Music] te [Music] foree fore fore [Music] [Music] I learn Lear hand [Music] [Music] [Music] you [Music] [Music] for [Music] fore [Music] fore be foree fore for speee hor there [Music]