Senator John Kennedy (R-LA) once again showed a judicial nominee put forth by the Biden administration is not ready for primetime.
Kato Crews is currently the United States magistrate judge of the United States District Court for the District of Colorado. He has been nominated for a district court seat in the state.
"Tell me how you analyze a Brady motion," Kennedy told Crews. The Brady motion is a request by a defendant to compel prosecutors in a criminal case to turn over potentially favorable evidence. It is named after the Supreme Court case that affirmed it, Brady v. Maryland.
"How I analyze a Brady motion...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.
"Do you know what a Brady motion is?" Kennedy asked.
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"Senator, in my time on the bench, I've not had occasion to address that and so it's coming to mind at the moment what a Brady motion is," Crews said.
Kennedy then asked if Crews was familiar with the Brady v. Maryland. Crews said he had heard the name of the case but when asked what it was about, Crews gave a wrong answer.
“I believe that the Brady case involved something regarding the Second Amendment,” Crews said. “I have not had an occasion to address that. If that issue were to come before me, I would certainly analyze at that Supreme Court precedent and apply it as I would need to with the facts in front of me."
.@SenJohnKennedy: “Do you know what a Brady motion is?”
— Conservative War Machine (@WarMachineRR) March 22, 2023
Biden federal trial court nominee Kato Crews: “It’s not coming to mind at the moment what a Brady motion is.” pic.twitter.com/oVPEnE4CfF
Wow. This is basic criminal procedure.
— Ted Cruz (@tedcruz) March 22, 2023
If a 1L gave this answer, he or she would flunk Criminal Law.
But the Biden White House would then try to make you a federal judge…. https://t.co/Ez4pGLK3NM
It is possible the reason Crews thought Brady v. Maryland had to do with the Second Amendment is because the Brady Campaign to Prevent Gun Violence is a nationally known gun control group.