Graham: “When We Get the Senate Back, We’ll Talk About Judges Differently”; Cruz Details Jackson’s Pattern of Sentencing Below Every Benchmark

On 4/6/2022, Senators Graham and Cruz delivered floor speeches opposing Jackson’s confirmation. Graham warned that when Republicans regained the Senate, “we’ll talk about judges differently” — and reminded Democrats they had filibustered Janice Rogers Brown, the reason Jackson was the “first African American nominee” rather than Brown. Cruz detailed how Jackson consistently sentenced below the guidelines, below prosecutors’ requests, below the national average, and even below the probation office’s confidential recommendations — and that prosecutors knew it, coming into her courtroom acknowledging her “policy disagreements.”

Graham: “When We’re in Charge”

Graham issued a direct warning. “If we get back the Senate and we’re in charge of this body, I want you to know right now — the process you started to go to a simple majority vote is going to rear its head here pretty soon. When we’re in charge, then we’ll talk about judges differently,” Graham said.

He reminded Democrats of their own history. “Janice Rogers Brown, a Supreme Court justice from the state of California picked by President Bush — for two years, there was a wholesale filibuster of her,” Graham said. “That’s why Judge Jackson is the first African American nominee to come before this body for the Supreme Court — because you made it that way.”

“When you had a chance to support an African American conservative, you used her ideology against her. You blocked her. And we’re supposed to be like trained seals clapping when you appoint a liberal? That’s not going to work,” Graham said.

”I Know It, She Knows It, the Prosecutor Knows It”

Cruz laid out the sentencing data in granular detail. “Judge Jackson’s consistent policy position is that the federal sentencing guidelines are outdated, outmoded, too harsh, and criminals are generally over-sentenced,” Cruz said. “100 percent of the time she sentenced below the federal sentencing guidelines, below the prosecutors’ recommendations.”

“And we now know — frequently below what the probation office confidentially recommended, in the Hawkins case, the Sears case, the Cain case, and the Hilly case,” Cruz continued.

Cruz cited the courtroom transcripts. “Judge Jackson frequently asks the U.S. Sentencing Commission for data. Her own statistics revealed that she sentenced Cooper, the defendant, to 41 months below the national average. I know that because she knows it. She cites it. It’s in the transcript,” Cruz said.

“And by the way, the prosecutors know it. Read the transcripts,” Cruz continued. “The prosecutors come into court and when they appear before her, they say, ‘Judge, we know that you have policy disagreements with the guidelines. We know that you think they over-sentence.’ They know it.”

In the Hawkins case, prosecutors “plead with her — at least give him two years. That was below the guidelines. At least give him two years. She gave him three months,” Cruz said.

”Activist to the Core”

Graham delivered his verdict on Jackson’s judicial philosophy. “Under oath she says she has no particular judicial philosophy. She has no view on whether people have natural rights. She told Senator Blackburn she can’t define what a woman is,” Graham said.

“But the one thing she seemed very comfortable saying quite definitively is that she thinks the federal sentencing guidelines for criminals are too harsh,” Graham continued. “She said it repeatedly here under oath.”

On the immigration case, Graham was blunt. “She took the clean, plain meaning of the statute, set it aside, did legal gymnastics to basically issue a temporary injunction. She was overruled by the DC Circuit — not exactly a bastion of conservatism,” Graham said. “She won’t say ‘outcome.’ She’s gonna find it. She’s going to get it. Activist to the core.”

Graham’s First No Vote

Graham revealed this was his first vote against any Supreme Court nominee. “I’ll vote no. It’s the first time I’ve ever voted against any Supreme Court nominee,” Graham said. “I voted for her at the DC Circuit level because I’m disposed to do that — if you win an election, I expect you to pick somebody I wouldn’t have.”

“After four days of hearings, I now know why the left likes her so much,” Graham added. “The White House didn’t go down the road of picking someone who could get 60 to 65 votes. They must pick somebody more appealing to the hard left.”

Key Takeaways

Graham warned that when Republicans regained the Senate, “we’ll talk about judges differently” — and reminded Democrats they had filibustered Janice Rogers Brown to prevent the first Black woman justice.
Cruz showed Jackson sentenced below the guidelines, below prosecutors, below the national average, and below the probation office’s confidential recommendations — 100% of the time.
Prosecutors entering Jackson’s courtroom would acknowledge upfront that she had “policy disagreements” with the guidelines.
Graham called his first-ever no vote on a Supreme Court nominee, saying the White House chose someone “more appealing to the hard left.”
Graham called Jackson “activist to the core” after she was reversed by the DC Circuit for overriding clear statutory language.

Transcript Highlights

The following is transcribed from the video audio (unverified — AI-generated from audio).

When we get the Senate back and we’re in charge, we’ll talk about judges differently.
100 percent of the time she sentenced below guidelines, below prosecutors, below the national average. I know it. She knows it. The prosecutors know it.
They plead with her — at least give him two years. She gave him three months.
Janice Rogers Brown — that’s why Jackson is the first African American nominee. Because you filibustered Brown.
She took the plain meaning of the statute, set it aside, did legal gymnastics. Activist to the core.
The White House picked somebody more appealing to the hard left. That’s not going to work.

Full transcript: 1224 words transcribed via Whisper AI.