Senator Kennedy Asks Nominee “What Is Your Favorite Color?” After She Refuses to Answer Whether Crime Should Be Forgiven for Social Justice

On 12/15/2021, Senator John Kennedy of Louisiana grilled Biden judicial nominee Anne Traum during her Senate Judiciary Committee confirmation hearing, repeatedly asking a single straightforward question: should a criminal act be forgiven in the name of social justice? Traum, a professor at the University of Nevada at Las Vegas’ William S. Boyd School of Law, refused to give a direct answer approximately twenty times, leading Kennedy to resort to asking her favorite color — the only question she would answer.

Twenty Times, No Answer

Kennedy opened with what he called a simple question. “Do you believe that a criminal act should be forgiven in the name of social justice?” he asked. Traum responded by describing the criminal justice system as “highly individualized.” Kennedy tried again. And again. And again.

“I’m not asking your opinion as a judge. I’m asking your opinion as a person, as a law professor,” Kennedy clarified. “I’ll stipulate with all of you that you’re all going to be fair and unbiased. Now, do you think that criminal misbehavior, an illegal act, should be forgiven in the name of social justice?”

Traum replied: “Senator, that is not a view that I have taken in my work and what I would say—”

“That’s no. Is your answer no?” Kennedy pressed.

“Senator, in my work, I have not taken that view and in my view—” Traum began again before Kennedy cut in.

“I’m asking, professor, what you believe. I think this is really straightforward. You’re a professor. Do you believe that an illegal act should be forgiven in the name of social justice? It’s pretty simple.”

Every Variation, Same Non-Answer

Traum responded to each variation of the question with a version of the same deflection — that criminal cases are “highly individualized” and that criminal policy is “fundamentally a policy issue” for policymaking bodies. She said she had “enormous respect for that process.”

“I do too,” Kennedy replied. “Do you believe that a criminal act should be forgiven in the name of social justice?”

“Senator, I don’t think that I could say with respect to any particular case or as a generality with respect to any category of cases—” Traum said.

“Do you not have an opinion?” Kennedy asked.

“I don’t have a view to share on how any particular kind of case should be handled,” Traum said.

“Do you have a view on my question?” Kennedy pressed.

“I do not have a viewpoint to share on how any particular case should be handled,” Traum repeated.

“No, I didn’t ask that,” Kennedy said. “I can tell you don’t want to share it. I got that part. Do you have a view?"

"What’s Your Favorite Color?”

After approximately twenty attempts, Kennedy abruptly shifted. “What’s your favorite color?” he asked.

“Blue,” Traum answered immediately.

“Thank you. I got one. I’m one for about twenty,” Kennedy said, drawing attention to the absurdity of the exchange. He then delivered his verdict.

“I can’t vote for you. Not if you’re not going to answer questions,” Kennedy said. “I mean, that was embarrassing.”

The Significance of the Question

Kennedy’s question was not hypothetical. Progressive prosecutors in cities across the country had adopted policies declining to prosecute certain categories of crimes — from shoplifting to drug possession to resisting arrest — in the name of criminal justice reform and addressing systemic inequities. Kennedy’s question aimed to determine whether Traum, if confirmed as a federal judge, would bring a similar philosophy to the bench.

By refusing to answer a question about her personal beliefs as a law professor — explicitly separated from her potential role as a judge — Traum gave Kennedy exactly the answer he feared. “I find it incredible that you won’t answer my question,” Kennedy said. “If you’re confirmed, you’re going to be a federal judge. And I joined my good friend, Senator Durbin, in saying that judicial temperament is important. But I think being unbiased is even more important.”

Key Takeaways

• Senator Kennedy asked nominee Anne Traum approximately twenty times whether a criminal act should be forgiven in the name of social justice; she refused to give a direct answer each time.
• Traum deflected by saying criminal cases are “highly individualized” and that criminal policy is “fundamentally a policy issue” for policymakers.
• Kennedy resorted to asking her favorite color (“blue”) — the only question she would answer — and said, “I got one. I’m one for about twenty.”
• Kennedy told Traum directly: “I can’t vote for you. Not if you’re not going to answer questions. I mean, that was embarrassing.”
• The exchange highlighted concerns about whether Biden judicial nominees would bring progressive prosecution philosophies to the federal bench.

Transcript Highlights

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

• Do you believe that a criminal act should be forgiven in the name of social justice? So the outcome of any case is always highly individualized based on the process and the facts.
• I’m not asking your opinion as a judge. I’m asking your opinion as a person, as a law professor.
• Senator, that is not a view that I have taken in my work. That’s no. Is your answer no?
• I don’t have a view to share on how any particular kind of case should be handled.
• I can tell you don’t want to share it. I got that part. Do you have a view?
• What’s your favorite color? Blue. Thank you. I got one. I’m one for about twenty.
• I can’t vote for you. Not if you’re not going to answer questions. I mean, that was embarrassing.

Full transcript: 1182 words transcribed via Whisper AI.