Republicans’ push for Ketanji Brown Jackson’s sentencing records could sharpen a new knife for the Senate’s increasingly bitter judicial nomination fights — one that Democrats are eager to dull.
Judge Ketanji Brown Jackson answers questions during the third day of her Supreme Court confirmation hearings before the Senate Judiciary Committee in Washington, D.C., on March 23, 2022. | Francis Chung/E&E News/POLITICO
“It clearly, emphatically should not be an issue. Because pre-sentencing reports are done with the promise of confidentiality, and their disclosure could do extraordinary damage to innocent parties,” said Sen. Richard Blumenthal , a member of the Judiciary Committee. “I’m hoping that we’ve seen the last of that issue, and Republicans will understand that it should be out of bounds. “
Graham said “you better believe” he’ll bring up sentencing records in future confirmation hearings, if nominees have similar records. When asked if he’d push for pre-sentencing documents for Childs, who is up for a D.C. Circuit appellate seat that would involve an appearance before the Judiciary Committee, Graham replied: “If it became an issue, if she’s got a pattern of sentencing people the way the other lady does, yeah.
Republicans eventually got access to the same records. Jackson also noted during her testimony that the federal sentencing guidelines are outdated, and didn’t take into account the use of the internet for downloading child pornography. “Pre-sentencing reports aren’t even done by the executive branch,” said Sen. Sheldon Whitehouse , who is also on the Judiciary panel. “They’re done by the judicial branch. … So the idea that we need to say to the judicial branch of government: ‘Give us these pre-sentence reports,’ is ridiculous.”
“It would be completely inappropriate to release a [pre-sentencing report] for any other purpose,” the former judges wrote. “Certain information, such as medical information, cannot be released. … Other information could endanger a defendant and his family.”
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