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Sen. Patrick Leahy blasts Sen. Lindsey Graham's questioning of SCOTUS nominee Ketanji Brown Jackson and leaves the hearing room in protest

Mar 24, 2022, 03:49 IST
Business Insider
Sen. Patrick Leahy questions Supreme Court nominee Ketanji Brown Jackson during her confirmation hearing on Capitol Hill on March 22, 2022.AP Photo/Andrew Harnik
  • Sen. Leahy sharply criticized Sen. Graham over his line of questioning of Ketanji Brown Jackson.
  • Leahy said Graham's conduct was "beyond the pale," adding that the Republican was "badgering" Jackson.
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Sen. Patrick Leahy on Wednesday criticized Sen. Lindsey Graham over his line of questioning of Supreme Court nominee Ketanji Brown Jackson during her third day of confirmation hearings, describing the South Carolina Republican's behavior as "beyond the pale."

After the Leahy left the Judiciary Committee hearing, NBC News Capitol Hill correspondent Ali Vitali described him as "livid" at Jackson's treatment. The veteran lawmaker proceeded to criticize Graham, who in the past voted to confirm the two Supreme Court justices — Sonia Sotomayor and Elena Kagan — nominated by President Barack Obama.

"As the Dean of the Senate," the Vermont Democrat told NBC News, "I'm just distressed to see this kind of a complete breakdown of what's normally the way the Senate's handled."

Leahy said Graham was "badgering" Jackson, who is currently a judge on the US Court of Appeals for the DC Circuit.

The criticism came shortly after a tense exchange in the hearing room between Graham and Senate Majority Whip Dick Durbin, the top Democrat and chairman of the Senate Judiciary Committee, over Graham's repeated interruptions of Jackson as she answered questions.

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Graham had been re litigating the sexual assault allegations against now-Supreme Court Justice Brett Kavanaugh during his 2018 confirmation hearings, and accusing Democrats of withholding the information until Kavanaugh's hearing as a way to undercut his confirmation. Democrats — with the exception of Sen. Dianne Feinstein of California — said that they were as unaware of the Kavanaugh allegations as their GOP colleagues.

"How would you feel if we did that to you?" Graham asked Jackson, then cut her off as she responded.

Durbin soon intervened, saying: "She's had nothing to do with the Kavanaugh hearings."

Graham is generally one of the few Republicans to back some lower court judicial nominees from Democratic presidents, including his support of Jackson when she was tapped for her current position last year. But during Jackson's confirmation hearings this week, he's so far delivered sharp questioning of the judge.

Graham has aired grievances over President Joe Biden's selection of Jackson over J. Michelle Childs, a South Carolina federal district judge. Graham had openly praised Childs as a potential Supreme Court nominee that would have garnered significant bipartisan support.

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Graham also used his questioning time to pick apart Jackson's record on sentencing for child pornography offenders, which many Republicans have claimed is lenient because she imposed lighter sentences than the federal guidelines. Fact-checkers and legal experts have debunked the claims, saying they are dishonest and lack key context and data that show Jackson's conduct is within the mainstream and that the guidelines are outdated and overly severe.

Leahy, for his part, expressed confidence in Jackson's confirmation, reaffirming his desire for her to join the high court.

"She'll be confirmed," he told NBC News. "It'll be a tremendous improvement to the Supreme Court but it's been a sad day for the US Senate."

During his opening statements on Monday, Leahy was highly complimentary of Jackson's background and said that she was "writing a new page in the history of America" simply with her presence in front of the committee.

"Judge Jackson's nomination is a reflection of the arc of our democracy — the arc that bends toward justice," Leahy said.

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