One of President Donald Trump’s nominees for a lifetime appointment as a U.S. district court judge struggled to answer basic questions about the law during a confirmation hearing on Thursday.
Sen. John Kennedy (R-La.), had just five minutes to question the five Trump appointees. First, he asked if any of them had not tried a case to verdict in a courtroom.
[MEDIA=twitter]941484131757838337[/MEDIA]
When Matthew Spencer Petersen, a nominee for U.S. District Court for the District of Columbia, raised his hand, Kennedy focused mostly on him for the duration of his time.
[SIZE=5][I]KENNEDY: Have you ever tried a jury trial?
PETERSEN: I have not.
KENNEDY: Civil?
PETERSEN: No.
KENNEDY: Criminal?
PETERSEN: No.
KENNEDY: Bench?
PETERSEN: No.
KENNEDY: State or federal court?
PETERSEN: I have not. [/I]
It only got worse from there.
Petersen, a commissioner on the Federal Election Commission who was appointed by President George W. Bush, had none of the experience typically expected of a federal judge, a fact that quickly became clear during the questioning.
[I]KENNEDY: As a trial judge, you’re obviously going to have witnesses. Can you tell me what the Daubert standard is?
PETERSEN: Sen. Kennedy, I don’t have that readily at my disposal but I would be happy to take a closer look at that. That is not something I’ve had to contend with.
KENNEDY: Do you know what a motion in limine is?
PETERSEN: Yes… I haven’t, I’m, again, my background is not in litigation as when I was replying to Chairman (Chuck) Grassley (R-Iowa), I haven’t had to um, again, do a deep dive. [/I]
Petersen then began ticking off his experience “in a decision-making role” at the FEC. Kennedy interrupted him:
[I]KENNEDY: Yes, I’ve read your resume. Just for the record, do you know what a motion in limine is?
PETERSEN: I would probably not be able to give you a good definition right here at the table.
KENNEDY: Do you know what the Younger abstention doctrine is?
PETERSEN: Um, I’ve heard of it… but I, again.
KENNEDY: How about the Pullman abstention doctrine?
PETERSEN: I… I heard…
KENNEDY: Y’all see that a lot in federal court. [/I]
Prior to the hearing, Kennedy slammed some of Trump’s judicial nominees, saying the president was “getting some very, very bad advice.”
See the full exchange above.
[/SIZE]