Judicial nominee S. Kato Crews failed to answer a basic legal question from Republican Louisiana Sen. John Kennedy about evidence discovery during his Wednesday confirmation hearing.
Kennedy, an Oxford-educated attorney, frequently asks judicial nominees basic questions about the Constitution, important Supreme Court precedents, and legal procedure. Trump nominee Matthew Peterson withdrew in 2017 after flubbing questions about legal standards and motions. Biden nominees have failed to answer Kennedy’s questions about articles of the Constitution and administrative law.
“Tell me how you analyze a Brady motion,” Kennedy asked Crews, currently a Magistrate Judge in Colorado.
“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 answered.
“Do you know what a Brady motion is?” Kennedy followed up. (RELATED: ‘Afraid To Give Me An Answer?’: John Kennedy Presses Three Biden Judicial Nominees To Answer A Single Question)
“Senator, in my time on the bench I have not had occasion to address that, so it’s not coming to mind at the moment what a Brady motion is,” Crews responded.
Crews then confused the Supreme Court case Brady v. Maryland with the Brady Handgun Violence Prevention Act. While the Supreme Court case requires prosecutors to hand over all evidence to defendants, the law established a five-day waiting period before unlicensed gun buyers can purchase weapons. Crews told Kennedy that the Brady case “involved something regarding the Second Amendment.”
Despite his hearing struggles, Crews is still likely to be confirmed to be a District Court judge. The Senate has confirmed 118 Biden nominees to federal judgeships, according to an American Constitution Society tally, while the upper chamber has not rejected any of his Article Three nominees.