If there's one thing Sen. John Kennedy (R-LA) is known for, it's his memorable remarks. Earlier this week he had a noteworthy back and forth with Anne Traum, President Joe Biden's nominee for United States District Judge for the District of Nevada. During his time of questioning, Kennedy asked Traum the same question nine times as to whether "you think we should forgive criminal misbehavior in the name of social justice."
Considering that Kennedy had to repeat the same question so many times, Traum had dodged it in quite the variety of ways.
"Senator, thank you for that question. I recognize that all issues of crime and all responses to crime are fundamentally policy issues. So, those are important issues, they are important for our community and our nation, but I leave those policy issues to the policymakers if confirmed as a judge I would not be a policy maker," Traum responded the first time she was asked.
"I’m not asking your opinion as a judge," Kennedy cut her off to point out. "I’m asking your opinion as a person, as a law professor. I’ll stipulate, with all of you, that you’re all going to be fair and unbiased. Now, do you think misbehavior and illegal acts should be forgiven in the name of social justice?"
Traum is a law professor and the associate dean for experiential legal education at the William S. Boyd School of Law at the University of Nevada, Las Vegas.
"Senator, I do believe that all criminal policy is fundamentally a policy issue" she said when trying to answer again.
When Kennedy asked again, Traum claimed that "that is not a view that I have taken in my work," leading Kennedy to cut in to ask "that's no? Is your answer no?" The nominee then responded that "in my work I have not taken that view."
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In asking yet again, the senator mentioned that he was looking for Traum's opinion.
"Senator, I believe that we have criminal laws, criminal laws that are created by policy-making bodies like this one," Traum responded, before Kennedy, unsatisfied with such an answer, asked again.
In another response Traum also claimed that "I share the view that we should be unbiased. But I also share the view that our criminal justice system and our process is very individualized so what should happen in any particular case is a matter of the process and the very specific facts in that case."
At one point, Traum appeared to be more direct in that she did not plan on answering Kennedy's question. "I don’t think I could say, with respect to any particular case or as a generality with respect to any category of cases." She similarly later responded that "I don’t have a view to share on how any particular kind of case should be handled."
Kennedy reminded Traum at another point of the questioning that "If confirmed you’re going to be a federal judge. And I join my friend, Sen. Durbin, in saying judicial temperament is important. But I think being unbiased is even more important. And I find it incredible that you won’t answer my question."
When asked yet another time, Traum attempted to respond with "So the outcome of any case is always highly individualized based on the process and the facts of that case."
It was when Traum pivoted to talking about "individualized" cases, that Kennedy gave up to ask her her favorite color. Traum was able to answer more definitively this time, sharing that it was blue as she laughed.
"Thank you," said Kennedy. "I'm one for about 20."
Before yielding back, Kennedy indicated "I can’t vote for you. Not if you’re not going to answer questions. I mean, that was embarrassing."
It is worth stressing that Traum did not sufficiently say "no" when it came to her opinion on the question.
"I can't vote for you, not if you're not going to answer questions. I mean, that was embarrassing," @SenJohnKennedy to a federal judicial nominee who dodges same simple question nine times. https://t.co/sUizLt7DD8
— Kellyanne Conway (@KellyannePolls) December 17, 2021
mrcTV clipped the exchange below.
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