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re: John Kennedy grills trump federal judge nominee

Posted on 12/15/17 at 10:47 am to
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 12/15/17 at 10:47 am to
I would think not being able to give even a generic answer about Daubert is worse. That’s such a basic legal question.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36419 posts
Posted on 12/15/17 at 10:49 am to
it's a tossup. This guy was somehow on Law Review at UVA
Posted by BBONDS25
Member since Mar 2008
48401 posts
Posted on 12/15/17 at 10:50 am to
quote:

How is this relevant? Obama wasn't nominated for a lifetime appointment to the bench. Having trial experience isn't something needed to be president


It also isn't needed to be a federal judge. If someone isnit a litigator they would not be familiar with abstention doctrines and daubert. The motion in Liminie was something he learned in law school. However, it is silly to call someone who wasn't a litigator dumb because he doesn't know common litigation issues.

If you are making the argument that all federal judges must be former litigators, fine. Calling this guy dumb is silly.
This post was edited on 12/15/17 at 10:52 am
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 12/15/17 at 10:50 am to
I don’t have a video, but again these guys are more picked by senators than the administration.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 12/15/17 at 10:51 am to
Even if every bit of substantive knowledge dribbled out of his brain, any lawyer should be able to BS better than that.
Posted by BamaCoaster
God's Gulf
Member since Apr 2016
5271 posts
Posted on 12/15/17 at 10:51 am to
That was absolutely brutal.

I understand ego (I think), but how do you even allow yourself to get into that position?
I mean, that dude has absolutely no business allowing himself to be nominated.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 12/15/17 at 10:52 am to
quote:

This guy was somehow on Law Review at UVA
With a few exceptions the top law schools teach way too much theory and not enough practice. I'm sure this guy can put together a great brief on whatever it is he does (admin law I assume) if you gave him time to research. But to keep the trains running on time in federal court judges need to be able to answer things like this on the spot.
This post was edited on 12/15/17 at 10:53 am
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 12/15/17 at 10:52 am to
quote:

t also isn't needed to be a federal judge.


I mean you probably don’t need 20 years doing pure litigation, but trial experience and knowledge of the concepts is pretty critical to the job.
Posted by Prince_Hakeem
NavyTiger74 is my alter
Member since Dec 2017
238 posts
Posted on 12/15/17 at 10:52 am to
How can you nominate someone that never tried a case in court? Went to less than 5 depositions and never by himself?

I get bad nominations happen but that’s freaking awful.
This post was edited on 12/15/17 at 10:54 am
Posted by The Egg
Houston, TX
Member since Dec 2004
79142 posts
Posted on 12/15/17 at 10:53 am to
that was hilarious to watch, a joy really
Posted by TigerDoc
Texas
Member since Apr 2004
9904 posts
Posted on 12/15/17 at 10:54 am to
Good for Kennedy. These judgeships are lifetime appointments. Once you get somebody unqualified on the bench they can do a lot of damage for a long time.
This post was edited on 12/15/17 at 11:04 am
Posted by Loserman
Member since Sep 2007
21909 posts
Posted on 12/15/17 at 10:56 am to
quote:

This guy is completely under qualified to be a federal judge. He has never tried a case at any level


quote:

Wouldn't this be what makes him qualified for the 9th Circuit Court?



Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 12/15/17 at 10:57 am to
quote:

I don’t have a video, but again these guys are more picked by senators than the administration.
I think Kennedy's beef specifically is that this hasn't been true of Trump. He seems to be annoyed that Don McGahn is naming people without asking for suggestions and that's why he's actually trying to embarrass them instead of using his committee time to praise them to the skies. LINK
quote:

“I first learned about Mr. Duncan’s nomination when I received a phone call, actually a series of phone calls, from Mr. Don McGahn, who is White House counsel. And Mr. McGahn was very firm that Mr. Duncan would be the nominee to the point that he was on the scarce side in one conversation of being polite. I want to give Mr. McGahn full credit, he came back later and apologized, but his firmness he did not relent on.”

Kennedy added that he did not know Duncan well, but Kennedy said he understood Duncan to be pro-life, pro-religious liberty, and a “Washington lawyer.”

“I have received scores of phone calls from experienced, accomplished, whip-smart, pro-life, pro-religious liberty Louisiana lawyers and judges — I got another one yet this morning — who have asked me why I would support a Washington lawyer for this seat over them,” Kennedy said Wednesday. “One of those applicants asked me directly, ‘What am I, chopped liver?’ So, I’ve got to answer that question, and that’s what I’m hoping Kyle can help me with today.”
This post was edited on 12/15/17 at 10:58 am
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 12/15/17 at 10:58 am to
That would explain why an R is going after them so hard.
Posted by BBONDS25
Member since Mar 2008
48401 posts
Posted on 12/15/17 at 11:03 am to
Prior to being named solicitor general in 2009, Elena Kahan had never argued a case before any court. One year later she was nominated to the Supreme Court. Wonder why the liberals didn't flip out about that.
This post was edited on 12/15/17 at 11:06 am
Posted by boosiebadazz
Member since Feb 2008
80272 posts
Posted on 12/15/17 at 11:04 am to
Apparently one nominee (whose nomination has since been withdrawn) once stated transgender children are a part of Satan’s plan, so Kennedy has been asking every nominee if they’ve ever referred to a child as part of Satan’s plan

I think I like this guy.
Posted by TigerDoc
Texas
Member since Apr 2004
9904 posts
Posted on 12/15/17 at 11:06 am to
quote:

Prior to being named solicitor general Iin 2009, Elena Kahan had never argued a case before any court. One year later she was nominated to the Supreme Court. Wonder why the liberals didn't flip out about that.


I suppose you have an answer to that.
Posted by The Spleen
Member since Dec 2010
38865 posts
Posted on 12/15/17 at 11:06 am to
quote:

How can you nominate someone that never tried a case in court?



I don't think that is necessarily a disqualifying thing, so long as your other credentials are impeccable.
Posted by Y.A. Tittle
Member since Sep 2003
101466 posts
Posted on 12/15/17 at 11:07 am to
quote:

Prior to being named solicitor general in 2009, Elena Kahan had never argued a case before any court. One year later she was nominated to the Supreme Court. Wonder why the liberals didn't flip out about that.




Just from a practical standpoint, I have less issues with that than someone with no knowledge whatsoever of litigation being placed in a District Court slot.
Posted by NIH
Member since Aug 2008
112669 posts
Posted on 12/15/17 at 11:09 am to
Yep. This guy's court would be a cluster frick of continuances.
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