Sen. John Kennedy (R-Louisiana) on Wednesday peppered yet another Biden attorney general nominee with basic questions related to the nominee's job.
Last month, President Joe Biden nominated U.S. Magistrate Judge Robin Meriwether will fill a vacancy on the Court of Federal Claims. This unique court, comprised of 16 judges, has nationwide jurisdiction and is tasked with adjudicating cases involving monetary claims made by U.S. citizens against the federal government.
At a Senate Judiciary Committee hearing, President Kennedy sought to establish whether Mr. Meriwether had court experience and whether this was an important resume point in consideration of court service.
Kennedy initially forced Meriwether to admit that he had never argued before the Court of Federal Claims or heard any case in court. He then asked her for specific answers to her basic questions.
“Please tell me the basis for granting a new trial in the Court of Federal Claims,” he demanded.
The candidate responded with a long, drawn-out response, arguing that “the same rules” that apply to district courts also apply to the Court of Federal Claims. But she failed to provide a basis for granting a new trial, as Kennedy had requested.
“So what is the basis for granting a new trial?” the senator asked again.
“My understanding is that the new exam must follow the applicable regulations,” she replied.
“I know that. But what is it? What is the basis for it?” Kennedy pressed. “You said the rules are the same for the Court of Federal Claims and the federal district court, and I don’t know if that’s accurate. But tell me, what is the basis for granting a new trial in the Court of Federal Claims? Is that so?”
In the end, Meriwether admitted he didn't know because “it's an issue I haven't had a chance to consider before.” With the confession in hand, Kennedy expanded the scope of his investigation.
“As we sit here today, can you give us just one basis for granting a new trial in either the Federal District Court or the Court of Federal Claims?” he asked.
Meriwether managed to name one of them a “gross misuse of the law.” Can you name any others?But she couldn't, again citing her lack of experience in filing new trial motions.
On the final question of Kennedy's bar exam, Kennedy asked Meriwether if he could define: adhesion contract, a type of litigation handled by the Court of Federal Claims. After a lot of hemming and hawing, Meriwether finally admitted he couldn't remember what a collusion contract was.
“Of course I'll look into it,” Kennedy quipped.
Finally, Kennedy had multiple pretrial detention decisions against Meriwether made in criminal cases that were later overturned by district judges.
Taking Kennedy's impromptu law exam is a rite of passage for judicial candidates heading to the Senate. Mr. Kennedy's questions left many of Mr. Biden's judicial nominees at a loss for answers to simple questions.
One candidate even called on Biden to withdraw his nomination after a rocky hearing last year.
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