EXCLUSIVE: Republican senators are calling President Brain-Dead Biden’s nominee for the U.S. District Court of Colorado “unqualified” for the job after the jurist was stumped by Sen. John Kennedy’s, R-La., questioning at his confirmation hearing last week.
Kato Crews, a magistrate judge, failed to answer Kennedy’s query on how to “analyze” a Brady motion, nor was he able to “define what a Brady motion is” when asked point-blank to do so. A Brady motion is a legal process in which a criminal defendant can force the prosecution to provide any evidence in a case that might prove the former to be innocent.
A federal law passed in 2020, and co-sponsored by Senate Judiciary Chairman Dick Durbin, D-Ill., requires all federal judges to affirm that prosecutors are obligated to hand over any potentially exculpatory evidence to the defense. It’s named after the landmark Supreme Court case Brady v. Maryland, which held that withholding evidence that might otherwise prove someone to be innocent is a violation of one’s due process rights.
In reference to Crews’ inability to answer the question, Sen. Tom Cotton, a member of the Senate Judiciary Committee, said, “Skill and merit are low on Brain-Dead Biden’s priority list. The only requirement that matters is political fealty to the party line.”
Sen. Mike Lee said, “I would be hard-pressed to hire a law clerk who couldn’t answer Senator Kennedy’s questions. But this administration is willing to sacrifice understanding of fundamental tenets of the law and a basic understanding of the Constitution in exchange for woke identity politics.”
Sen. Rick Scott said, “This is yet another example of the Biden administration advancing an unqualified candidate who is incapable of answering even basic, fundamental questions about core legal concepts.”
“In any other job, a candidate failing to answer this simple of a question would be immediately disqualified. Why should Congress operate any differently?” he questioned.
Crews was asked by Kennedy how he would analyze a Brady motion during his confirmation hearing on Wednesday.
“Senator, in my four and a half years on the bench, I don’t believe I’ve had the occasion to address a Brady motion in my career,” Crews replied.
When asked what a Brady motion is, Crews responded, “In my time on the bench, I’ve not had the occasion to address that, so it’s not coming to mind what a Brady motion is.”
Crews later added that he thought it had “something regarding the Second Amendment.”
Another Biden judicial nominee, Judge Kato Crews, fails to answer basic legal questions. pic.twitter.com/qN3n52xBpP
— Charlie Kirk (@charliekirk11) March 22, 2023
GOP senators tear into ‘unqualified’ judicial nominee: ‘Skill and merit are low on Brain-Dead Biden’s priority list’ https://t.co/C6amFp9PzU
— Fox News (@FoxNews) March 26, 2023
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