On 5/2/2023, Senator Kennedy questioned Fogel in U.S. Senate Judiciary Hearing on SCOTUS ethics.
Kennedy: “telling 2 justices if they vote in a way he doesn’t like, they will pay the price” Kennedy questions to Fogel
Fogel: Hold on a second. I’m not accusing anybody of being bribed. I’m not, but some people are. Some people are … There’s a lot of political back and forth that’s very interesting. I’m interested in it as a citizen of the United States, but I think the most useful thing that this or any other committee could do is think about how do we make our instances well.
Kennedy: How are you going to do that in the context, though, of one of our leaders, for whom I have great respect, going on the steps of the United States Supreme Court, telling two justices if they vote in a way he doesn’t like, they will pay the price and reap the Whirlwind? And you have another one of your witnesses here tweeting out stuff saying, quote, “some justices or politicians and robes who thrive in a system where access, influence are for sale. He said they were bought like a sack of potatoes.” Okay, I’m not– I’m not going to comment on that, Senator. That’s not anything I had anything to do with, so–
Kennedy: I think, did I hear the gavel? Thank you.
“Justice Gorsuch sold in interest in an LLC to a Dem donor” Kennedy questions to Fogel on SCOTUS ethics
Fogel: Well, Senator
Kennedy: all these articles about Clarence Justice Clarence Thomas and the Chief Justice of the United States and Justice Gorsuch who sold in interest in an LLC to a Democratic donor who had never met that they bought him. Isn’t it?
Fogel: may I say something? Uh–
Kennedy: Sure.
Fogel: I think there are two things going on here today. I think there is a political conflict, which is as I said earlier, it’s very intense. It’s hyper-partisan. Uh, both sides have things to say, and then I think there’s an ethical issue
Kennedy: when you accuse people of being bribed.
Fogel: Hold on a second. I’m not accusing anybody of being bribed. I’m not, but some people are. Some people are.
“ACLU paid for Justice Sotomayor’s trip” Kennedy questions to Fogel on SCOTUS ethics
Kennedy: On April 4th, 2019, the American Civil Liberties Union paid for Justice Sotomayor’s trip to San Juan, Puerto Rico. You ever been to San Juan, Mr. Fogel? Is it expensive? I keep forgetting.
Fogel: Well, it depends when you go. Yeah, how much you think it costs to go down there? Uh, it depends whether you apply first class or economy. Well, if you fly first class, oh, probably a couple thousand dollars. Okay. Uh, ACLU, do they have cases in front of the Supreme Court all the time?
Kennedy: They do all the time. Do you think the ACLU was trying to bribe Justice Sotomayor?
Fogel: No, sir, I don’t.
Kennedy: I don’t either. I don’t either, but that’s the understated premise of all this.
“John Roberts is a disgrace.” Kennedy questions to Payne in Judiciary hearing on SCOTUS ethics
Kennedy: You also said less than a month ago that John Roberts, he tweeted this out, “John Roberts is a disgrace.”
Payne: Disagree with, with, with Justice Roberts?
Kennedy: Well, you didn’t call him Chief Justice Roberts. You called him John Roberts.
Payne: No, this is- You retweeted this?
Kennedy: No, Senator, I did not retweet that.
Payne: Yes, sir, you did, right here.
Kennedy: Can you provide a copy to me now?
Payne: But sure, I did not.
Kennedy: Can you tell me why you think Chief Justice Roberts is a disgrace?
kPayne: I did not say that, did not retweet that.
Kennedy: Okay. Maybe Twitter got it wrong, someone got it wrong. Let me ask you this because the unstated premise of all this, sometimes it’s stated, but the unstated premise of all this is that some justices have been bribed. Let’s just cut to the chase.
“The current U.S Supreme Court is a threat to our democracy”. Kennedy questions to Payne on SCOTUS ethics
Kennedy: Does not the front page of your website say, I’m going to quote here, I’m going to get it right, “The current U.S Supreme Court is a threat to our democracy.” The current U.S Supreme Court is a threat to our democracy. Did I read that right?
Payne: What I can say is that our, uh, what
Kennedy: is that on your website?
Payne: I am not certain. Exactly where
Kennedy: here it is, right here, as big as Dallas.
Payne: What that refers to is the voting rights legislation, I mean voting rights cases, other Supreme Court.
“Tell me which justices are for sale?” Kennedy questions to Payne on SCOTUS ethics
Kennedy: I just want to make sure I read that correctly. A few months ago, Mr. Payne, you retweeted the following statement: “Some justices are politicians in robes who thrive in a system where access and influence are for sale.” Now, that’s a pretty bold statement.
Payne: I’m sorry, Senator, is that a news article?
Kennedy: No
https://www.facebook.com/HygoNewsUSA/videos/988811612488307
Kennedy: Whirlwind SCOTUS Justices will pay the price? SCOTUS Justices being bribed?