On 9/7/2022, Judge Tamika Renee Montgomery-Reeves, nominated by Biden to the Third Circuit Court of Appeals, faced a grilling on the recommendations of a committee she once co-chaired during her confirmation hearing. Sen. John Kennedy, questioned Montgomery-Reeves. Committee chairman Sen. Dick Durbin, spoke out against his Republican colleagues for grilling the nominee on something that he felt was “pretty clear.” Sen. John Kennedy, pushed back against Durbin, saying that he just wanted to know if the nominee agreed with the recommendations and that Montgomery-Reeves would not answer.
“And I don’t think you would have from a Trump nominee either,” Durbin said.
Kennedy: but I don’t have much time,…, fair enough judge do you agree quote that the Delaware bar exam serves as a barrier to the racial and ethnic diversity of attorneys in Delaware?
Reeves: senator I believe that that is a complicated complex question that requires analysis that I have not done.
Durbin: pretty clear isn’t it and the questions that have been asked over and over again suggest otherwise …
Kennedy: Mr. chairman I think you mischaracterized my questions
Durbin: oh no sir I wasn’t referring to you at all
Kennedy: I’m glad to hear that because my questions of the judge were and I never got an answer did she agree or disagree with the recommendations
Durbin: senator I was not referring to you at all you’ve asked that question and most nominees have given the same answer …
Kennedy: if you have a second round I’m going to ask it again
Durbin: well there’s no plan
Kennedy: does the judge agree or disagree with the recommendations I’m not really interested in how many lawyers can dance on the head of the pen senator I’m just interested in getting hearing whether the judge agrees or disagrees
Durbin: you’re doing the same thing that we’ve done when the tables were turned try to get these nominees to say what their personal views …
Kennedy: I think that’s the purpose of the judiciary, (Durbin: you’re entitled to your), let me just finish my thought and I’m entitled to my opinion I mean we’re confirming these nominees for lifetime appointments they’re not elected you don’t think it’s relevant what they believe
Durbin: I think you create a a problem for them that jeopardizes their role as judges …
Kennedy: well I just disagree Mr. chairman I think people’s personal beliefs have they thought about the world have they thought about the issues that are that are central to American democracy. I think that’s perfectly appropriate I’m surprised that, this isn’t meant to be personal but that you haven’t directed them the witnesses to answer our questions
Durbin: we asked the same question of Trump nominees and got the same response … we can and witnesses don’t always go along with the extent of our probe
Kennedy: more recently they never do
Durbin: well under Trump’s nominees they never did either
Kennedy: well I questioned them too as you recall thank you
Hawley: I think that last back and forth was directed implicitly me I think you factually misstated the the record though … I thought that the justice was the co-chair of this diversity strategic planning steering committee and that entity issued a report to the Delaware supreme court you said that some group made recommendations to the justice I don’t think that’s right …
Reeves: I’m the co-chair of the committee that made the recommendations but … the co-chairs myself and the chief justice did not make recommendations
Hawley: my only point Mr. chairman is … that the justice co-chaired the panel I think it’s I think it’s reasonable to ask her about the the the content of the report …
Durbin: suggestions she’s dodging the question how much more explicit can she be the presumption …
Kennedy: but Mr. chairman I just respectfully uh disagree I don’t think that’s not what I asked the the witness I asked her did she agree does she agree or disagree with the recommendations forget the report that’s another question senator but I never got an answer no
Durbin: and I don’t think you would from a Trump nominee either
Kennedy: but we don’t have Trump, I pressed a lot of Trump nominees as you well know and voted against a bunch of them and they helped kill four or five that I didn’t think were qualified but I don’t agree with your revisionist history no disrespect in the last 10 minutes I asked the witness four or five times do you agree or disagree and I didn’t get an answer now you can call that dodging the question if you want to that’s a little pejorative to me but I never got an answer and I don’t think that’s inappropriate for me to ask that’s the issue senator by virtue of your position on the committee you’re entitled to ask what you wish and I’m glad you had that chance.
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I never got an answer, agree or disagree with the statement? Nominee Montgomery-Reeves dodging questions.