Senator Kennedy to Biden Judicial Nominee: “You’re Smart — How Can I Vote for You if You Won’t Answer a Straightforward Question?”

On 2/16/2022, Senator John Kennedy of Louisiana repeatedly pressed Biden judicial nominee Nina Morrison — nominated for the U.S. District Court for the Eastern District of New York — on whether she believed it was appropriate for prosecutors to refuse to prosecute entire categories of crimes in the name of social justice. Morrison dodged the question approximately a dozen times, citing prosecutorial discretion and saying “it would depend on the circumstance.” Kennedy finally told her: “How can I vote for you if you won’t answer a straightforward question like that?"

"You’re Smart — Let Me Say It Again”

Kennedy opened with a charm offensive before drilling down. “I know you — I mean, you’re smart, I can tell from your resume,” Kennedy said. Then he posed the central question.

“The people elect their legislators. Legislators say on behalf of the people, ‘This is a crime which society will not tolerate without punishment.’ Do you think that it’s OK for prosecutors to say, ‘I disagree and I’m not going to prosecute an entire line of cases — I don’t care who is charged’? Do you agree with that?”

Morrison began a non-answer: “Senator, I think it is appropriate for prosecutors to evaluate each case that comes before them—”

“Yes, ma’am, but that’s not what I’m asking,” Kennedy interrupted.

A Dozen Dodges

Kennedy asked the question in multiple formulations. Each time, Morrison pivoted to prosecutorial discretion.

“I agree that prosecutors have the legal option to use the flexibility given to them,” Morrison said.

“No, but when they exercise that option, do you agree with that?” Kennedy pressed.

“I think it would depend on the circumstance,” Morrison replied.

“I’ll stipulate that prosecutors work very difficult jobs under very demanding conditions,” Kennedy said. “But we have prosecutors who are saying, ‘To hell with the legislature and the people, we’re not going to prosecute an entire line of cases.’ I think my question is pretty straightforward. Do you agree with that or disagree with it?”

“Senator, I have never worked as a prosecutor,” Morrison said.

“Yes, ma’am, but you’ve read about it,” Kennedy responded.

The Krasner Connection

Kennedy then asked Morrison about Philadelphia District Attorney Larry Krasner, whose progressive prosecution policies had been widely criticized as crime surged. Morrison initially said she “did not actually work on District Attorney Krasner’s campaign.”

“I apologize,” Kennedy said. Then he paused. “Listen very carefully to your answer. You said, ‘Senator, I didn’t work on his campaign.’ Well, Ms. Morrison, that answer is technically right, but you identified yourself as an advisor to his transition committee.”

Morrison acknowledged serving as an advisor to Krasner’s transition but then refused to evaluate his performance. “I don’t think it would be appropriate as a judicial nominee for me to comment on the performance of an elected official,” she said.

“Isn’t that convenient?” Kennedy replied.

Judges vs. Prosecutors

Kennedy pressed the logical inconsistency. “Do you think judges should be able to say, ‘I don’t agree with this criminal statute, I’m not going to hear cases for any of them’?”

“No, Senator. Judges do not prosecute cases,” Morrison said.

“I know that. But do you think a judge should say, ‘I’m going to dismiss all these cases because I don’t agree with the criminal statute’?” Kennedy asked.

Morrison agreed that “judges cannot refuse to adjudicate or hear a case and ignore the will of the legislature.” But she maintained that “as executives, district attorneys are granted with greater discretion.”

Kennedy delivered the final test: “Do you think it’s appropriate for a district attorney to say, ‘In the name of social justice, I’m not going to prosecute armed robbers anymore’?”

“Senator, I would stand on my previous answer. I think it would depend on the circumstance,” Morrison said.

”How Can I Vote for You?”

Kennedy closed with a direct statement. “How can I vote for you if you won’t answer a straightforward question like that, counselor?”

“Senator, I would hope that you would consider the entirety of my record and my qualifications,” Morrison said.

“The problem is I have,” Kennedy responded. “And I see all these comments you’ve made in favor of the district attorneys who, in the name of social justice — and you’ve spoken glowingly of all of them. And now you won’t answer my question about it. You say it’s inappropriate. I think it’s really appropriate.”

Key Takeaways

• Kennedy asked nominee Morrison approximately a dozen times whether prosecutors could refuse to prosecute entire categories of crimes; she dodged every time with “it would depend on the circumstance.”
• Morrison admitted serving as an advisor to progressive Philadelphia DA Larry Krasner’s transition committee but refused to evaluate his performance.
• She agreed judges cannot ignore legislative will but maintained that prosecutors have broader discretion to decline entire categories of cases.
• Kennedy told Morrison directly: “How can I vote for you if you won’t answer a straightforward question?”
• Kennedy noted Morrison had “spoken glowingly” of progressive prosecutors in her public record but would not defend that position under oath.

Transcript Highlights

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

• You’re smart. Do you think it’s OK for prosecutors to say, I disagree and I’m not going to prosecute an entire line of cases? I think it would depend on the circumstance.
• We have prosecutors saying, to hell with the legislature and the people. Do you agree with that or disagree? I have never worked as a prosecutor. Yes, ma’am, but you’ve read about it.
• You identified yourself as an advisor to his transition committee. Isn’t that convenient?
• In the name of social justice, I’m not going to prosecute armed robbers anymore. You agree with that? I would stand on my previous answer.
• How can I vote for you if you won’t answer a straightforward question like that, counselor?
• I see all these comments you’ve made in favor of the district attorneys. You’ve spoken glowingly of all of them. And now you won’t answer my question.

Full transcript: 1330 words transcribed via Whisper AI.