Senator John Kennedy (R-LA) is a straight-shooting national treasure complete with an incisive wit and dry sense of humor. He has displayed these talents throughout his time in the Senate whether by stumping unqualified Brandon nominees and or in interviews with reporters.
On Wednesday, he put his considerable talents to great use by bamboozling a clueless Brandon District Court nominee named S. Kato Crews during Crews’s Wednesday confirmation hearing.
Crews currently serves a Magistrate Judge in Colorado. He has been in the legal arena for more than two decades.
One would think based on his experience he would be familiar with all questions regarding constitutional law.
Kennedy asked Crews a question about how one analyzes a Brady motion. A Brady motion is a procedure which requires prosecutors to disclose evidence to the defense. It is named after the Supreme Court case that affirmed it, Brady v. Maryland.
This is a question a first year law student should be able to answer. Yet Crews had no clue how to respond.
Kennedy: “Do you know what a Brady motion is?”
Brandon judicial nominee: “It’s not coming to mind… I believe that the Brady case involved something regarding the Second Amendment.”
(It requires prosecutors to disclose evidence to the defense)
— Greg Price (@greg_price11) March 22, 2023
Kennedy: Tell me how you analyze a Brady motion.
Crews: How I analyze a Brady motion…Senator, in my four and half years on the bench, I don’t believe I’ve had the occasion to address a Brady motion in my career.
Kennedy: Do you know what a Brady motion is?
Crews: Senator, in my time on the bench, I’ve not had occasion to address that and so it’s not coming to mind at the moment what a Brady motion is.
Kennedy then asked Crews if he was familiar Brady v. Maryland. Crews claimed he had heard the name of the case.
But when Kennedy asked what Brady v. Maryland was about, Crews responded that it “involved something regarding the Second Amendment.”
Senator Ted Cruz (R-TX) was dumbfounded at Crews’s complete ignorance and responded on social media.
Wow. This is basic criminal procedure.
If a 1L gave this answer, he or she would flunk Criminal Law.
But the Brandon White House would then try to make you a federal judge…. https://t.co/Ez4pGLK3NM
— Ted Cruz (@tedcruz) March 22, 2023
Unfortunately, Crews will likely have no problem getting confirmed for a lifetime judicial position because the Democrats control the Senate.