Ted Cruse Tells Man Dont Touch Me Again
"It'southward a lot of early mornings and late nights," Jackson said. "And what that means is there will be hearings during your daughter's recitals. In that location'll be emergencies on birthdays that you have to handle. And I know then many young women in this state — especially who have minor kids — who have these momentous events and accept to brand a choice."
Republicans repeatedly questioned Jackson about her sentencing record in child pornography cases and sought to link her to critical race theory, an academic framework for examining systemic racism that's typically used past legal scholars. Democrats denounced a Republican National Committee tweet on the topic as racist, and Jackson said the intellectual framework does not come upward in her work as a judge.
Here's what to know
Sen. Blackburn presses Jackson to define the give-and-take 'woman'
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The final questioner of the evening, Sen. Marsha Blackburn (R-Tenn.), asked Jackson to counterbalance in on issues including abortion and transgender rights.
In one exchange, Blackburn asked Jackson, "Tin can you provide a definition for the word woman?"
Jackson replied that she could not.
"Non in this context," Jackson said. "I'm not a biologist."
"You mean the meaning of the word 'woman' is and so unclear and controversial that you can't requite me a definition?" Blackburn asked.
Jackson said that in her piece of work as a judge, she addresses disputes and that "if there'south a dispute about a definition, people make arguments and I look at the law and I determine."
She declined to weigh in further on the issue, noting that cases related to the rights of transgender athletes could come earlier the Supreme Court.
Blackburn voiced dissatisfaction with Jackson's answers.
"The fact that you tin't give me a straight answer about something every bit fundamental equally what a woman is underscores the dangers of the kind of progressive education that we are hearing almost," she said.
Jackson says information technology's important for students to 'see that people similar me are in the judicial branch'
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Sen. Alex Padilla (D-Calif.) asked Jackson for her views on diversifying the pool of candidates for judicial clerkships, citing a survey that showed 21 percent of federal clerks in 2019 were people of color and another indicating that only one-third of clerks in contempo years were women.
"These are unacceptably depression figures for what has become a de facto pipeline for federal judges," Padilla said. "With such low clerkship selection rates, minorities and women lawyers are denied an early credential that can be of pregnant aid later in their legal career. I believe creating more avenues for diverse candidates to participate in clerkships is critical to diversifying the legal profession in the long run."
Jackson agreed, noting that clerkships were an important footstep in her own legal career and emphasizing that she tries to accept every invitation to speak to groups of students "because I know how important it is for people to meet that people like me are in the judicial branch and for people to hear about clerkships."
"One of the things that I often get when I go to law schools is surprise from some groups and some people about the chance to clerk," Jackson said. "They weren't even actually aware that that was something that they can practice or should endeavor to do. So information technology's been a role of my exercise to become to schools, to reach out to young people. … And I think it's to the benefit of us all to have as many unlike police students seeking clerkships as possible."
9:29 p.m.
Paul Kane :
As Republicans again demanded more documents from Jackson's trial court days, it's time to remember that this is the perennial request from the minority party during confirmation clashes. Here's a 2005 story on Democrats demanding more documents of Main Justice John G. Roberts Jr. — and, from a few months later, during Justice Samuel Alito's confirmation. And then in 2009, hither's the GOP minority demanding more documents for the Justice Sonia Sotomayor confirmation. It'due south a design that continued with the confirmation hearings for the 3 justices nominated by President Donald Trump: Neil Thou. Gorsuch in 2017, Brett Thou. Kavanaugh in 2018 and Amy Coney Barrett in 2020.
Paul Kane
,
Senior congressional contributor and columnist
Kennedy to Jackson: 'I found you to exist very intelligent and articulate'
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Sen. John Neely Kennedy (R-La.) told Jackson he's plant her to exist "intelligent and articulate," a comment that has oft been interpreted as a racist trope and microaggression against Black Americans.
"I have enjoyed listening to you today," Kennedy told Jackson. "I institute y'all to be very intelligent and very clear."
There is a history of White politicians using the discussion "articulate" as a backhanded compliment to depict people of color. President Biden did information technology in 2007, when he called then-Sen. Barack Obama (D-Ill.) "the kickoff mainstream African American who is articulate and bright and clean and a nice-looking guy."
When White people use the give-and-take to describe Black people, "it oft carries a subtext of anaesthesia, even bewilderment," wrote former New York Times reporter Lynette Clemetson when writing about Biden's incident. "Such a subtext is inherently offensive because information technology suggests that the recipient of the 'compliment' is notably unlike from other blackness people."
When Jackson refused to vocalization her opinion in response to his questions, Kennedy doubled downwards.
"Gauge, you're very intelligent and you're very articulate," Kennedy said. "I know you're very well-informed. You're telling me you don't accept an stance [on] packing the United states of america Supreme Court?"
"Senator, I take opinions about a lot of things," Jackson replied. "I don't accept an opinion that I think is appropriate to share. I work very hard to set aside my opinions when I'm thinking about cases, which is the work of a judge."
Jackson: I 'struggled, like so many working moms, to juggle motherhood and a career'
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Jackson wrapped up an emotional segment during the hearings by talking about the difficulties of beingness a working mother.
"I had struggled like and then many working moms, to juggle motherhood and career," Jackson told senators. "It takes a lot of difficult work to become a judge, to do the piece of work of the estimate, which I've done now for almost 10 years."
"You have a lot of cases," she connected. "You don't have all that many resources comparatively speaking, and information technology'due south a lot of early mornings and late nights. And what that means is there will be hearings during your daughter's recitals. In that location'll exist emergencies on birthdays that you have to handle."
Jackson said she knows "many young women" in the country with pocket-size kids who take to make a pick between participating in their children's "momentous events" and keeping a job.
Jackson said she didn't always "get the remainder correct" when juggling motherhood and her job. Seeing her confirmed to the Supreme Court, Jackson said, could testify them "that you don't take to be perfect in your career trajectory and you tin all the same finish up doing what you desire to practise."
"There are lots of responsibilities in the world and … you lot don't have to be a perfect mom," Jackson said. "But if y'all practise your best and you love your children … things volition plough out okay."
Jackson gets emotional paying tribute to her parents, grandparents
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Jackson became emotional when recounting the values she inherited from her parents and grandparents, as the 2nd day of her confirmation hearing lurched into its 12th 60 minutes, most of information technology filled with stoicism and serious questions.
In response to questions from Sen. Cory Booker (D-N.J.), Jackson noted that her parents grew upwardly having to get to segregated schools, persevered, then became the get-go in their families to go to higher.
"They each went to celebrated Blackness universities, and they taught me hard work," Jackson said. "They taught me perseverance. They taught me that annihilation is possible in this peachy country."
Jackson said her parents gave her an African name to demonstrate their pride in who they were as well as their hope in what she could exist. And she noted that her parents both went on to get "extraordinary public servants" — her mother, a public school teacher, then ambassador, and her begetter a lawyer, and then schoolhouse board chaser.
"They could accept washed, you lot know, other things. Only each of them decided to give dorsum to the customs," Jackson said.
Information technology was her grandparents' sacrifice that allowed Jackson to accept opportunities they never did, she said. They didn't accept a lot of formal education simply were the "hardest working people" she knew, she added.
"[They] just got upwards every day and put ane foot after the other and provided for their families and fabricated sure that their children went to college, even though they never had those opportunities," Jackson said. "I reflect on them in the context of this historic moment. I stand on the shoulders of people from that generation and I focus at times on my faith when I'thou going through hard times."
White Business firm pushes back on Sen. Hawley's 'smear' that Jackson is 'lenient' on child pornography offenders
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Sen. Josh Hawley (R-Mo.) continued Tuesday to question Jackson over her sentencing rulings in child pornography cases, insinuating that she has been soft on offenders, a line of assail that fact-checkers and Democrats have debunked and criticized.
Hawley and Jackson got into a tense back-and-forth Tuesday equally he brought up a case in which she chose to judgement an 18-year-old male in possession of child pornography to three months in federal prison. Jackson repeatedly said that she remembered that case to be "unusual," that it was up to judges to utilise discretion to each instance based on the circumstances and that her overall record showed that her sentencing decisions were consequent with what the police recommended.
"I am questioning your discretion, your judgment," Hawley finally said.
The White Firm went as far as pushing back Tuesday on Hawley'due south open suggestions that Jackson has been "lenient" on child sexual activity offenders, suggesting that the senator is trying to use those accusations as a dog whistle for believers of QAnon, a debunked conspiracy movement.
"Hawley'due south embarrassing, QAnon-signaling smear has been fact-checked past: @washingtonpost, @nytimes, @AP, @CNN, @ABC, and @NRO" deputy White Business firm press secretary Andrew Bates tweeted Tuesday.
Immediately after Hawley's questioning, committee chairman Durbin, who has vocally defended Jackson's record on sentencing in child pornography cases, said Congress "didn't have clean hands" in this matter because it had not taken up the issue of updating sentencing regulations.
Sen. Mazie Hirono (D-Hawaii), who questioned Jackson after Hawley, listed several other judges Republicans had voted to ostend — including federal appeals court judges Joseph Bianco and Andrew Brasher, both appointees of onetime president Donald Trump — despite the fact that they had sentenced kid pornography defendants to sentences that were below guidelines.
5:17 p.m.
Seung Min Kim :
Ane GOP senator considered in play for Jackson's confirmation said Tuesday that accusations that she has shown leniency in sentencing sure crimes was "off course." A number of Republicans on the Judiciary Committee have criticized Jackson for a handful of sentences she handed down as a trial court judge. For instance, Sen. Josh Hawley (R-Mo.) has cited near a half-dozen cases apropos child pornography offenders in which Jackson handed down sentences lower than what the guidelines recommended. Only Sen. Manus Romney (R-Utah) appeared unmoved past the allegations from some of his conservative colleagues that have ignored primal context such as that prosecutors also recommended sentences lower than the sentencing guidelines. "It struck me that it was off course, meaning the attacks were off course that came from some," Romney told The Washington Post's Paul Kane on Tuesday. "And there is no there, in that location." Romney, who is not on the Judiciary Committee and has non yet met with Jackson, said her judicial philosophy will probably be the nearly important factor as he weighs whether to back up her confirmation.
Seung Min Kim
,
White House reporter
Jackson, who clerked for Breyer, says she doesn't have a judicial function model
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Sen. Ben Sasse (R-Pecker.) asked Jackson which Supreme Court justice she models her work later on. She said none.
"I must admit that I don't really take a justice that I've molded myself after," Jackson said, noting that she has worked on nearly 600 cases with her own methodology and interpretation to clarify facts, evidence and statutes.
"Because my methodology involves these various pieces and because of the way in which I do things, I'k reluctant to establish or to adopt a detail label because the idea of how you translate is just one function of the entirety of a approximate's responsibility," she said.
Sasse, in an attempt to get a direct answer on how Jackson models her estimation of the law, reminded her that he had previously asked her to review the differences in the methodologies used by Justices Elena Kagan, Sonia Sotomayor and Stephen Yard. Breyer — whom Jackson clerked for. Jackson said she hadn't had the time to report the differences between the justices.
"I would say that there are differences, every bit you see from the various opinions that they accept issued," Jackson said. "I'g not sure which 1 I would necessarily follow considering it depends on the instance. I remember their differences indicate that they are looking at dissimilar provisions."
The justices, she said, "are using the various tools that judges use and that I take used in my cases. The idea of hitting down a statute as unconstitutional is daunting and should be daunting, I think, for any judge or justice."
Jackson once ruled in favor of the RNC in case involving Hillary Clinton's emails, Sen. Coons notes
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In his questioning Tuesday, Sen. Christopher A. Coons (D-Del.) recalled that Jackson had in 2016 presided over a instance brought by the Republican National Committee against the U.S. Bureau for International Evolution that involved the emails of former secretary of state Hillary Clinton, who was then running for president.
At the fourth dimension, Coons noted, information technology was a "very politically charged consequence," just Jackson — who was then a U.South. District Court gauge — ultimately ruled in favor of the RNC, ordering USAID to produce thousands of pages of documents related to Clinton that the RNC had requested through the Freedom of Information Deed.
"At present … the RNC is opposing your nomination, publicly accusing you of being a partisan Democrat, and they argue you could not possibly be an impartial justice," Coons said. "Despite what the RNC would take united states now believe, in this case, you reinforce your deserved reputation for following the law, not a partisan agenda."
Coons asked Jackson if she remembered when she made that decision. She said she did not, prompting him to country that it was just before that year's presidential conventions.
"So if at that place was a moment when the RNC had a political objective, it was correct before the convention and you really issued a ruling that they were entitled to electronic mail production from the USAID on the footing of legal arguments presented to you, the statute at issue and the bear witness," Coons said.
The commutation was a clear attempt past Coons to bat down right-wing accusations that Jackson would not be an impartial justice or would make decisions in a partisan manner. Throughout her confirmation hearings, Jackson has and so far repeatedly emphasized that she approaches each case from a position of neutrality and considers the facts and the law earlier forming her decisions.
3:40 p.one thousand.
Ann Marimow :
Jackson said she deeply appreciates the endorsement of retired judge Thomas B. Griffith, a nominee of Republican President George Due west. Bush-league. Griffith introduced Jackson to the committee on Monday and praised her record on the bench even though she noted he didn't ever agree with her rulings as a district judge. Griffith was part of a three-judge panel of the D.C. Circuit that twice reversed Jackson's rulings in the example of erstwhile Trump White Business firm counsel Donald McGahn. The full D.C. Circuit later on vacated those decisions and the Biden administration negotiated a deal for McGahn to show before Congress to a narrow set of questions.
Ann Marimow
,
Legal affairs reporter
Sen. Durbin notes that Jackson did not phone call Bush, Rumsfeld 'war criminals,' contrary to Sen. Cornyn's merits
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Equally the Senate Judiciary Committee returned from its lunch break, Chairman Richard J. Durbin (D-Ill.) clarified that Jackson had not described sometime president George West. Bush and quondam defense secretarial assistant Donald H. Rumsfeld as "war criminals" in a court filing, as Sen. John Cornyn (R-Tex.) claimed.
Cornyn appeared to have been referring to a 2005 district court filing in which Jackson challenged the detention of Guantánamo detainee Khi Ali Gul. Jackson alleged that the actions of Bush and Rumsfeld — directing or "conspiring to bring about torture and other inhumane treatment" of Gul — "constitute war crimes and/or crimes against humanity" in violation of federal and international laws.
Durbin noted the individuals Jackson was representing had raised "more than a dozen claims for relief, one of which was an allegation that the authorities had sanctioned torture against the individuals, which constituted state of war crimes under the Alien Tort Statute."
"Apparently this is what Senator Cornyn was referencing. So to be clear, there was no time where you chosen President Bush or Secretary Rumsfeld a 'war criminal,' " Durbin said.
"Correct, senator," Jackson replied.
Mike DeBonis contributed to this written report.
Sen. Cruz tries to tie Georgetown 24-hour interval School to critical race theory
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Sen. Ted Cruz (R-Tex.) questioned Jackson on her connections to Georgetown Day Schoolhouse, an independent K-12 school in the Washington area.
Cruz asked whether Jackson, who serves on the school'southward board of trustees, believed that critical race theory should be taught in schools. He noted that Jackson once celebrated that GDS — which was the first in the D.C. expanse to exist racially integrated — fosters critical thinking, interdependence and social justice.
Jackson countered by maxim that critical race theory — an intellectual framework used to examine how racism is perpetuated within society — is an academic theory taught at the graduate and police force-school level. She explained that her praise for GDS came out of its history of integration and equality.
Cruz continued pressuring her on critical race theory, challenge that the GDS curriculum "is filled and overflowing with critical race theory." He claimed children at that place are taught books similar "How to Be an Antiracist" and "Antiracist Babe" by Ibram X. Kendi. Both books pause down concepts of race and racism.
"Do you hold with this volume that is beingness taught with kids that the babies are racist?" Cruz asked Jackson, mischaracterizing the message of Kendi's book.
"I do non believe that any child should be made to feel equally though they are racist or though they are not valued," Jackson said.
"Then yous agree critical race theory is taught at Georgetown Day School?" Cruz asked.
"I don't, considering the board does not control the curriculum," Jackson answered. "That's not what nosotros do."
The Mail's James Hohmann details why Jackson'southward feel is unique
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Washington Mail service columnist James Hohmann showcased how Judge Ketanji Brown Jackson's experience lines upwards with the current Supreme Court justices. He used a chart to illustrate this idea created by Washington Mail service data visualization reporters Adrian Blanco and Shelly Tan.
2:fifty p.k.
Ann Marimow :In response to questions from Sen. Amy Klobuchar (D-Minn.), Jackson expressed support for Supreme Court precedent upholding protections for the printing. Before starting law school, Jackson did a brief stint as a journalist, when she worked for Time magazine as a staff reporter and researcher after graduating from Harvard in 1992.
Ann Marimow
,
Legal affairs reporter
2:14 p.m.
Mike DeBonis :
Sen. Mike Lee (R-Utah) spent a good deal of his questioning time pressing Jackson on her views on the Ninth Amendment. To the general public, that amendment — which holds that the Constitution protects "unenumerated" rights not specifically spelled out in the certificate — is wholly obscure. But to conservative legal scholars, information technology is a subject of intense scrutiny going back decades, thanks to its role in some of the most significant Supreme Court decisions of the liberal courts of the 1960s and 1970s, including Roe v. Wade. A debate over the Ninth Amendment was a key moment in the ill-fated 1987 Supreme Court nomination of Robert Bork. Under questioning from Sen. Dennis DeConcini (D-Ariz.), Bork said he institute the amendment cryptic, analogous to an "inkblot" on the Constitution, and suggested it was a poor foundation for the nation-changing rulings the high court had fabricated. Those remarks fueled liberal attacks on his jurisprudence, and his eventual defeat on the Senate floor.
Mike DeBonis
,
Congressional reporter covering the Business firm of Representatives
1:33 p.1000.
Mike DeBonis :A Supreme Court hearing is an opportunity for senators to question a nominee, only information technology too can be a high-contour platform for their personal issues. So information technology was not especially surprising Tuesday to see Sen. Sheldon Whitehouse (D-R.I.) engage in a lengthy aside about the "dark money" conservative network engaged in judicial nominations. It's a topic on which Whitehouse has taken to giving weekly floor speeches, and he spent roughly 10 minutes on the subject before questioning Jackson on Tuesday — prompted, he said, by Republican attacks on Need Justice, a Autonomous-aligned dark coin group. "I'll be the first to concede that there is nighttime money on both sides, and I hope very much we can become rid of information technology on both sides before long past legislation," he said. "But there is a deviation, I believe, between a night-money interest rooting for someone and right-wing dark-money interests having a role in actually picking the last three Supreme Court justices."
Mike DeBonis
,
Congressional reporter roofing the House of Representatives
12:45 p.m.
Ann Marimow :Sen. John Cornyn (R-Tex.) asked Jackson "why in the world" she had chosen former president George West. Bush and former defense force secretary Donald H. Rumsfeld "state of war criminals" in a courtroom filing. Jackson did non immediately retrieve the case, just Cornyn appears to be referring to her work as a public defender on behalf of Guantánamo detainee Khi Ali Gul, who was captured by Afghan forces in 2002. In a district court filing in 2005, Jackson challenged Gul's detention and said he was confined to his cell for at least 23 hours a day and was experiencing "severe mental suffering." She did not directly refer to Bush and Rumsfeld as "war criminals" merely wrote that their actions, directing or "conspiring to bring almost torture and other inhumane treatment" of Gul, "constitute state of war crimes and/or crimes against humanity" in violation of federal and international laws.
Ann Marimow
,
Legal affairs reporter
12:28 p.grand.
Seung Min Kim :As Sen. John Cornyn (R-Tex.) questions Jackson, I'm reminded that he really voted in favor of her nomination to the U.S. Court of Appeals for the D.C. Circuit last twelvemonth in committee just and so opposed her on the Senate floor. A Cornyn aide told me he flipped his vote after seeing some of Jackson's answers (or "lack thereof," adjutant says) to written questions that senators submitted to her after her circuit court confirmation hearing. Sen. Lindsey O. Graham (R-S.C.), too, supported her in committee, helping Jackson avoid an extra procedural vote on the Senate floor to "discharge" a nomination out of committee, which happens if a panel vote is tied. I think it's rubber to presume that her Supreme Court nomination may cease up tied, which would forcefulness Senate Majority Leader Charles Due east. Schumer (D-N.Y.) to take that additional procedural step.
Seung Min Kim
,
White House reporter
eleven:36 a.m.
Seung Min Kim :Although abortion won't play a major role in Jackson's confirmation hearings — considering the current ideological residuum on the Supreme Court — her view on how Roe v. Wade is "settled law" echoes the testimony of one of her predecessors most four years ago. In 2018, Brett K. Kavanaugh also told the Senate Judiciary Committee that he believed the 1973 case that legalized ballgame nationwide was settled constabulary, and he emphasized to senators that "1 of the important things to keep in mind well-nigh Roe v. Wade is, it has been reaffirmed many times over the years." Information technology is besides a view he stressed in private to a pivotal Republican swing vote, Sen. Susan Collins (Maine), one of the few GOP lawmakers who supports ballgame rights. But Kavanaugh'due south comments on abortion back and so are beingness looked at in a new low-cal, specially after oral arguments on a Mississippi constabulary that bars most abortions after 15 weeks. During the December arguments, Kavanaugh said the Constitution was silent on the consequence of abortion and listed more than than a vi Supreme Court cases that had overturned precedents. The Supreme Court has yet to event a ruling in the example.
Seung Min Kim
,
White House reporter
10:37 a.m.
Mike DeBonis :In Monday's opening statements, Republican after Republican cited a litany of grievances over Democratic treatment of by judicial nominations, while Democrats generally stuck to praising Jackson. On Tuesday, notwithstanding, two Democrats mentioned their political party'due south own towering grievance: the 2016 Republican occludent of President Barack Obama'south nomination of Merrick Garland to replace the late Justice Antonin Scalia. Led by so-Senate Majority Leader Mitch McConnell (R-Ky.), Republicans left the seat vacant for a year, allowing a new president, Donald Trump, to appoint a much more conservative justice. Discussing Republican concerns about "court-packing," Durbin noted "there is exactly one living senator who has finer changed the size of the Supreme Court" — McConnell, who effectively shrunk the court in 2016. And Sen. Patrick J. Leahy (D-Vt.) rebutted GOP attacks by citing the Garland incident. "We're however waiting today for Republicans to explain on the tape what kind of substantive concerns they had with Merrick Garland," he said. "All I'm maxim is, let's make history this week, but let's not rewrite information technology."
Mike DeBonis
,
Congressional reporter covering the Business firm of Representatives
10:eighteen a.yard.
Robert Barnes :
Jackson knows her audition, of course, but her answers about looking to what provisions of the Constitution meant at the time they were adopted and her disavowal of relying on international police force sounds more similar the late Justice Antonin Scalia than her old boss Justice Stephen G. Breyer. It used to exist a debating topic between the two.
Robert Barnes
,
Reporter covering the U.S. Supreme Court
x:02 a.m.
Mike DeBonis :Grassley spent a significant amount of his questioning time on an esoteric chapter of federal law — but one of cracking personal involvement to him. He pressed Jackson on her views on the Simulated Claims Act, the master federal constabulary on government fraud, and in particular on its provisions allowing whistleblowers to initiate a claim and recover a portion of any damages. Grassley led a 1986 revision of the law that profoundly strengthened those whistleblower provisions, known as "qui tam" claims, but they take been controversial in legal circles — with some, including old attorney general William P. Barr, arguing that allowing private parties to make claims violates the constitutional separation of powers. Grassley pressed Jackson on those points, only the judge demurred: "I don't know if that event has been squarely presented to the court, and I would be loath to comment on it."
Mike DeBonis
,
Congressional reporter covering the House of Representatives
9:43 a.chiliad.
Ann Marimow :Jackson is defending her part representing Guantánamo Bay detainees every bit a federal public defender. Considering of her skill crafting appellate briefs, former colleagues said Jackson was enlisted to tackle the complex, new expanse of law challenging the federal authorities's detention of "enemy combatants" later the Sept. 11, 2001, terrorist attacks. She went on to advocate for the rights of detainees and to challenge the regime's legal review process equally an attorney in private practice.
Ann Marimow
,
Legal affairs reporter
ix:36 a.m.
Robert Barnes :Durbin's initial questions are designed to requite Jackson the first fissure at addressing the questions on which Democrats think she might exist well-nigh vulnerable: expansion of the Supreme Court, her views on the limits of judicial say-so, her sentencing of kid porn defendants and representation of Guantánamo Bay detainees. Await to hear less accommodating questioning from Republicans.
Robert Barnes
,
Reporter roofing the U.S. Supreme Court
ix:xxx a.m.
Mike DeBonis :Sen. Josh Hawley (R-Mo.), who has indicated he plans to inquire Jackson about her sentencing practices as a trial estimate in child pornography cases, did a fleck of a pre-buttal on Twitter on Tuesday morning time. He said it would be "misinformation" for Jackson and Democrats to cite "probation guidelines" in responding to his questions. "In that location are no probation guidelines," he wrote. "Probation advice is private. Not uniform. Not bachelor to public." While Hawley has criticized Jackson for imposing sentences below the public federal guidelines, the White House has noted that her sentences were in line with those recommended by federal probation officials. Those recommendations, in fact, are not "guidelines" to be applied across a broad class of cases but are tailored to individual cases. The federal probation office prepares a comprehensive report analyzing the facts of the case, the relevant federal statutes and sentencing guidelines, and the factors that could advise a more astringent or more lenient sentence. That report is typically available simply to the judge and the parties in the case, but judges oftentimes read the probation recommendation into the public record when imposing their sentences.
Mike DeBonis
,
Congressional reporter roofing the Firm of Representatives
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Source: https://www.washingtonpost.com/politics/2022/03/22/ketanji-brown-jackson-supreme-court-hearing-live-updates/
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