Dems Prioritize Radical Judges Over Defense And Funding The Government

Senate Democrats Declared Their Intention To Prioritize Confirming More Of President Biden’s Radical Or Unqualified Judicial Nominees

SENATE MAJORITY LEADER CHUCK SCHUMER (D-NY): “The Senate is back in session for what will be three very busy, fast-paced, and consequential few weeks…. For the rest of the week – and for the rest of the work period – we will keep confirming more of President Biden’s outstanding judicial nominees.” (Sen. Schumer, Remarks, 9/09/2024)

“On [September 6^th], Schumer spoke with White House Chief of Staff Jeff Zients and other officials on how to accelerate the pace of judicial confirmations.” (“Scoop: Schumer Plots Judges Blitz In White House Call,” Axios, 9/09/2024)

·       “Judicial nominations are one of Schumer’s priorities for the next three weeks…” (“Scoop: Schumer Plots Judges Blitz In White House Call,” Axios, 9/09/2024)

·       “Dipping poll numbers for the Senate’s most vulnerable Democrat means pressure is mounting on the party to confirm as many judges as possible before a new Congress.” (“Scoop: Schumer Plots Judges Blitz In White House Call,” Axios, 9/09/2024)

“The roughly three dozen nominees for lifetime appointments will also be competing with spending and defense bills as Senate leaders look to avoid a government shutdown.” (“Time Running Out to Confirm Remaining Biden Judicial Picks,” Bloomberg Law, 9/09/2024)

The Democrat Majority Has Failed For Months To Use Limited Senate Floor Time On Either The Must-Pass Annual Defense Authorization Or Appropriations Bills

“The Senate’s NDAA, meanwhile, is still idling…. The Senate’s abbreviated and crowded election-year calendar leaves little time for an NDAA debate, which ordinarily takes more than one work week…. The upshot is that deferring action on the NDAA until September at the earliest increases the odds that the bill will not come to the Senate floor at all this year …” (“Countdown To August Recess Creates Time Crunch For NDAA,” CQ Defense, 7/29/2024)

·       “Sen. Roger Wicker of Mississippi, the top Republican on the Armed Services Committee, said the time has already passed for getting Senate action on the NDAA before the August recess, and he is pessimistic about passing even after the summer break. Addressing reporters [in July], Wicker said: ‘We’re going to be gone til after Labor Day, and there’s going to be too much on the floor then. The perfect time to have taken it up would be this week.’” (“Countdown To August Recess Creates Time Crunch For NDAA,” CQ Defense, 7/29/2024)

REMINDER: The Senate Armed Service Committee Approved Its Version Of The NDAA, Readying It For Floor Consideration, In JUNE

“The House narrowly passed its version of the nation’s annual defense policy bill on [June 14^th]…. Attention now turns to the Senate, where the Senate Armed Services Committee approved its own version [the night before].” (“Dueling Versions Of FY ‘25 National Defense Authorization Act Advance In House And Senate, Major Differences Remain,” 13News Now Hampton Roads, 6/14/2024)

Meanwhile, ‘None Of The Spending Bills Have Reached The Senate Floor Yet’

“[T]he Senate Appropriations Committee has now approved nearly all of the FY2025 spending bills…. In sum, the committee has approved 11 of the 12 spending bills … Despite this progress at the committee level, none of the spending bills have reached the Senate floor yet.” (Punchbowl News Midday, 8/01/2024)

·       “The big complaint we hear from GOP senators is that Senate Majority Leader Chuck Schumer isn’t prioritizing appropriations bills for floor time.” (Punchbowl News AM, 7/31/2024)

But Instead Of Attending To The Senate’s Essential Duties, Schumer And Senate Democrats Are More Interested In Confirming A Series Of Radical Judicial Nominees To Lifetime Appointments

Judge Mustafa Kasubhai, Whom Schumer Has Announced His Intention To Force A New Vote On, Has A History Of Making Radical Ideological Pronouncements That Call Into Question His Ability To Rule Impartially

LEADER McCONNELL: “Judge Kasubhai’s record and judicial philosophy put him well outside the mainstream. The nominee has bragged about his lack of commitment to standard jurisprudential practices. During his time as a magistrate judge, he said, ‘We have to set aside conventional ideas of proof when we are dealing with the interpersonal work of equity, diversity and inclusion.’ … Unfortunately, this only scratches the surface. Judge Kasubhai also sounds like a committed Marxist. He’s authored an article promoting the integration of Marxist theory into property law, and claimed that the notion of scarcity of natural resources was a myth promoted by a privileged elite. He’s heaped high praise on the disgraced racist prophet known for insisting that, ‘the only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.’” (Sen. McConnell, Remarks, 6/17/2024)

While serving as a Magistrate Judge, Judge Kasubhai publicly praised radical author Ibram X. Kendi as “an amazing historian and author” during a 2020 speech. (U.S. Senate Judiciary Committee, Judge Kasubhai Questions for the Record, 10/2023)

·        IBRAM X. KENDI: “The only remedy to racist discrimination is antiracist discrimination. The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination.” (“Ibram X. Kendi Defines What It Means To Be An Antiracist,” Penguin Books UK Website, 6/09/2020)

·       “‘Capitalism is essentially racist; racism is essentially capitalist,’ [Kendi] writes.” (The New York Times Magazine, 7/15/2020)

JUDGE KASUBHAI: “More specifically to the point of racism in our legal profession (and in Oregon), it quickly became apparent to me that we must meet the challenge of becoming comfortable with being uncomfortable about talking about race. Oregon is pre-dominantly a white state because of past practices and official policies that excluded Black, Indigenous and other people of color. That fact leaves very little opportunity for white Oregonians to confront their own racism face to face with people of color in real time. I have met many legal professionals who purportedly hold the ideals of diversity and equity close to their hearts, but who also become very defensive when talking about racism. The truth is, white privilege in Oregon insulates so many in our state from ever having to deal with the issue. Some lawyers and judges have told me over the years that they just don’t see racism in Oregon, and when examples and experiences are shared, they still won’t believe it. This kind of denial makes real conversations nearly impossible and allows racism to go unchecked.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “[B]oth our profession and specifically the courts need to acknowledge the significant impact of unconscious bias in litigation and our decision-making. Jury instructions admonish jurors from employing bias in their deliberations; these instructions have generally referred to explicit biases. But there is a large body of research on the existence and impact of unconscious bias relating to race, sex, gender and gender identity, sexual orientation, ability, socio-economic status and body type that drive decisions. This research should be applied to educating jurors, attorneys and judges on the effects of unconscious bias in decision-making…. If we describe and validate the phenomenon of unconscious bias, then we can then bring this bias to the surface of our awareness.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “The next step is to help lawyers and judges learn how to be comfortable with the uncomfortable task of talking about this kind of bias with jurors in voir dire. Unconscious bias work in the courtroom will also help our profession improve equity, diversity and inclusion in our ranks.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

JUDGE KASUBHAI: “We have to set aside conventional ideas of proof when we are dealing with the personal and interpersonal work of equity, diversity and inclusion.” (Sarah Malik and Hon. Mustafa T. Kasubhai, “Is There A Place For Us? On Being A Muslim American In Oregon’s Legal Community,” Oregon State Bar Bulletin, February/March 2021)

Julia Lipez, Nominated To Replace Her Father On The Same Court, Showed Inexplicable Lenience Towards A Mother Whose Baby Died Of Fentanyl Exposure After She Allowed Drug Trafficking In Her Home

LEADER McCONNELL: “There’s Julia Lipez, another nepotism hire, who has distinguished herself in her leniency towards a parent who killed their baby with fentanyl.” (Sen. McConnell, Remarks, 7/31/2024) 

REUTERS: ‘Biden Nominates US Appellate Judge’s Daughter To Join Same Court’ (Reuters 5/23/2024)

·       “President Joe Biden on Thursday announced four new judicial nominees, including the daughter of a sitting judge who currently serves on the same U.S. appeals court she was nominated to join and plans to retire if she is confirmed. The nominees include two new federal appeals courts nominees, Julia Lipez, a Maine state court judge for the Boston-based 1st U.S. Circuit Court of Appeals, and Tennessee lawyer Karla Campbell, who is up for a seat on the Cincinnati-based 6th U.S. Circuit Court of Appeals.” (“Biden Nominates US Appellate Judge’s Daughter To Join Same Court,” Reuters, 5/23/2024)

“The GOP [Judiciary Committee] members, including Sen. Lindsey Graham (R-S.C.), the panel’s top Republican, also questioned Lipez on her decision to suspend six years of a 10-year sentence for a mother who allowed drug trafficking operations to occur in the home, leading to the fentanyl exposure-related death of her child. The mother was ultimately sentenced to four years in prison, and six years of probation.” (“Biden First Circuit Pick Grilled On Child Abuse Case Sentences,” Bloomberg Law, 6/20/2024)

Embry Kidd ‘Failed To Disclose At Least Two Child Sex-Related Cases That Saw His Lenient Rulings Reversed’

LEADER McCONNELL: “There’s Embry Kidd, who went soft on sex abusers and then misled the Judiciary Committee about it.” (Sen. McConnell, Remarks, 7/31/2024)

“A judge in Florida tapped by President Joe Biden for a top federal court spot failed to disclose at least two child sex-related cases that saw his lenient rulings reversed — until now. Embry Kidd, a judge in the U.S. District Court for the Middle District of Florida, is under fire from Republicans over his prior omission of the two cases on his nominee questionnaire, which was quietly updated this week to address the matter. Biden nominated Kidd in May to fill a vacancy on the 11th Circuit Court of Appeals, which oversees courts in Alabama, Florida, and Georgia.” (“Biden Judicial Nominee Failed To Disclose Since-Reversed Child Sex Case Rulings,” Washington Examiner, 6/20/2024)

“U.S. v. D’Haiti pertained to a case in which the defendant, a male who was a cheerleading coach at a central Florida High school, was arrested in 2022 for possession of child pornography, court records show. The defendant, in one instance, reached his hands up a minor’s sports bra and fondled her.” (“Biden Judicial Nominee Failed To Disclose Since-Reversed Child Sex Case Rulings,” Washington Examiner, 6/20/2024)

·       “But Kidd, according to the court records, elected in July of that year to release the defendant based on his ‘high character,’ ‘ties to the community,’ and ‘lack of criminal history.’ One month later, a district judge reversed that order based on further evidence and ordered the defendant to pretrial detention. The teacher, 41-year-old Vigiland D’Haiti, was sentenced in October 2023 to 29 years in prison for coercing a minor to produce sexually explicit content.” (“Biden Judicial Nominee Failed To Disclose Since-Reversed Child Sex Case Rulings,” Washington Examiner, 6/20/2024)

“The second case, U.S. v. King, related to a convicted sex offender charged with receipt and possession of child sex abuse material. In April 2023, Kidd issued an order restricting only some of the defendant’s usage of the internet and devices. ‘All that’s been presented is that you downloaded images and that you had them on your phone, that you admitted to having them,’ Kidd told the defendant. ‘While that does pose some danger, the danger that’s articulated is that the victims will be revictimized.’ ‘And I think that those will be sufficient to mitigate any risk of danger that you pose,’ he added.” (“Biden Judicial Nominee Failed To Disclose Since-Reversed Child Sex Case Rulings,” Washington Examiner, 6/20/2024)

·       “In May 2023, a district judge revoked Kidd’s initial order releasing the defendant based on the danger he posed to the community and the ‘compulsion of pedophilia that he cannot control,’ documents show. An FBI special agent later testified about the defendant’s attraction to a child at a restaurant, with the district judge concluding there were no conditions ‘that can assure the safety of the community, particularly young children.’ The defendant was sentenced to roughly 24 years in prison.” (“Biden Judicial Nominee Failed To Disclose Since-Reversed Child Sex Case Rulings,” Washington Examiner, 6/20/2024)

Brian Murphy Served On The Board Of An Association That Advocated For Soft Prison Sentences, Eliminating Arrests For ‘Possessory Offenses, Assault And Battery, Breaking And Entering, And Similar Offenses,’ And Supported A Bail Fund That Paid To Release A Registered Sex Offender Awaiting Trial For Raping A Woman In A McDonald’s Bathroom

“Murphy, President Joe Biden’s pick to serve on the U.S. District Court for Massachusetts, served until this year on the board of directors of the Massachusetts Association of Criminal Defense Lawyers, the ‘pre-eminent association’ of criminal defense lawyers in the commonwealth.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “The organization, of which Murphy served as treasurer until last year, offers the kind of legal advocacy expected from a group of criminal defense lawyers. But it has also proposed radical measures to address what it says is ‘structural racism’ rooted in the criminal justice system. During Murphy’s tenure, the association called on judges to factor ‘how structural racism has impacted the defendant’s life’ before issuing prison sentences.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “Judges should embrace a ‘presumption of release’ when making bail decisions due to ‘concerns about institutional racism,’ the group asserted in May 2020.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

MURPHY-SIGNED LETTER FROM MASSACHUSETTS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS: “We can dismantle structural racism today. Consider how the following could bend the arc of the moral universe toward justice: Establish A Presumption for Summonses for Most Crimes. The headlines are flooded with violence by police officers against Black citizens at the time of arrest — a flashpoint that could be wholly avoided by changing the rules to require court summonses for all misdemeanors and non-violent offenses. This would not only eliminate arrests for all alleged minor infractions such as using a counterfeit $20 bill to buy cigarettes, as happened to George Floyd, but also for fraught and unnecessary police encounters involving possessory offenses, assault and battery, breaking and entering, and similar offenses.” (Massachusetts Association Of Criminal Defense Lawyers, 6/15/2024)

“The association in August 2020 issued a strong endorsement of the Massachusetts Bail Fund after the fund came under fire for paying the $15,000 bail for Shawn McClinton, who was in jail awaiting trial on charges of raping a woman in a McDonald’s bathroom in 2018. McClinton was already a registered sex offender stemming from his conviction for a rape in 2007.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)

·       “After the outcry, the Massachusetts Association of Criminal Defense Lawyers said it ‘stand[s] behind’ the bail fund and its ‘life-saving work.’ It touted the bail fund’s slogan of ‘Free Them All,’ a call to release all inmates held on bail.” (“Yet Another Biden Judicial Pick Has Ties to a Left-Wing, Anti-Cop Group,” Washington Free Beacon, 4/17/2024)