Episode Summary: Everything About Judge Jackson
Podcast Title: The 47 Morning Update with Ben Ferguson
Host/Author: Premiere Networks
Episode Title: Everything About Judge Jackson
Release Date: March 24, 2022
In the episode titled "Everything About Judge Jackson," host Ben Ferguson delves deep into the contentious confirmation hearings of President Biden's Supreme Court nominee, Judge Ketanji Brown Jackson. The discussion primarily focuses on serious allegations concerning Judge Jackson's stance on Critical Race Theory (CRT) and her sentencing records in cases involving sexual crimes, particularly child pornography.
Critical Race Theory and Its Implications
Lack of Clarity on CRT
Senator [Name] begins by highlighting Judge Jackson's ambiguous stance on CRT during her confirmation hearings:
"I started off by asking her, you know, what is critical race theory? And her initial response was essentially, I have no idea." [05:55]
He underscores the origin of CRT, tracing it back to Harvard Law School and its roots in Marxist theory:
"It was born at Harvard Law School. It grew out of Harvard Law School. It grew out of critical Legal theory, which came from Harvard Law School. And that in turn was a Marxist movement." [05:59]
Educational Influence and Early Indoctrination
The conversation shifts to Judge Jackson's role on the board of trustees for Georgetown Day School, a private institution known for its progressive policies and incorporation of CRT in its K-12 curriculum:
"She loves Georgetown Day School, and she loves their progressive policies and commitment to social justice... the school she's on the board of teaches critical race theory at every damn grade from pre K all the way to 12th grade." [09:08]
Senator [Name] expresses concern over the indoctrination of young children with CRT principles, questioning its impact on their perception of race and justice.
Questioning Judge Jackson's Understanding and Support of CRT
Ambiguity in Responses
Senator [Name] presses Judge Jackson on her understanding and application of CRT in her judicial role:
"Can you explain to us, apparently you think it's relevant to your job, so tell us what it means." [05:55]
Judge Jackson evades a direct explanation, stating that CRT is a "policy question in sentencing," rather than a judicial one.
Connection to the 1619 Project
The discussion also touches upon Judge Jackson's admiration for the 1619 Project and its controversial historical assertions:
"She's expressed admiration for the 1619 project by Nicole Hannah Jones, a completely made up thesis that the American Revolution was fought to defend the institution of slavery... this was a sort of derivation of critical race theory." [10:05]
Senator [Name] criticizes the 1619 Project as "revisionist history" and questions Judge Jackson's awareness of its reception:
"She said, nope, didn't know that. So she just pleaded complete unawareness." [10:05]
Sentencing Record and Advocacy for Leniency
Pattern of Lenient Sentences
A significant portion of the discussion focuses on Judge Jackson's sentencing records, particularly in cases involving child pornography. Senator [Name] presents a series of cases where Judge Jackson imposed sentences substantially below the prosecution's recommendations:
- United States v. Chazen: Prosecutor requested 78 to 97 months; sentenced to 28 months. (64% reduction) [15:00]
- United States v. Savage: Prosecutor asked for 49 months; sentenced to 37 months. (24% reduction) [29:04]
- United States v. Hawkins: Prosecutor sought 97 to 121 months for an 18-year-old with explicit child pornography; sentenced to 3 months. (Over 90% reduction) [29:04]
"In 100% of the cases where she had discretion, she sentences them to less, on average, 48% less than the prosecutor asked for." [32:52]
Impact on Victims and Society
Senator [Name] emphasizes the severe consequences of such leniency, especially in cases involving the exploitation of children:
"He was young and he's not a pedophile... he's in possession of multiple videos of young children being violated." [30:17]
He argues that these light sentences not only fail to punish the offenders adequately but also undermine societal efforts to protect vulnerable populations.
Judicial Philosophy and Constitutional Concerns
Potential Shift in Supreme Court Dynamics
The discussion raises alarms about the potential shift in the Supreme Court's ideological balance should Judge Jackson be confirmed:
"Judge Jackson will be the furthest to the left of any of the nine justices... the most likely to strike down the death penalty, the most likely to vote to release criminals." [32:52]
Senator [Name] warns that her presence could lead to the dismantling of established legal protections, such as DNA databases and sex offender registries.
Comparison with Previous Nominees
Senator [Name] contrasts the current confirmation process with past ones, notably Brett Kavanaugh's:
"What you're saying is she has embraced and exalted and publicly admired the very ideologies that are expressed in all... Democrats have a record of covering up that radicalism in the confirmation hearings." [39:20]
He criticizes Democrats for allegedly attempting to shield Judge Jackson's record from thorough scrutiny.
Democratic Response and Transparency Issues
Access to Probation Reports
The episode highlights concerns over transparency, particularly regarding presentence reports (PSRs) that could shed light on Judge Jackson's sentencing rationale:
"There are no probation reports in this record. We've looked. They're not there... Your staff handed it to us... Why is it that Republicans are just getting it now?" [35:46]
Senator [Name] accuses Democrats of selectively providing information to bolster Judge Jackson's nomination while withholding critical data from Republicans.
Closing Remarks and Future Implications
Integrity in the Confirmation Process
The episode concludes with reflections on the importance of maintaining integrity and rigor in the confirmation process:
"We're not going to slander her character personally. But we have a responsibility to examine her actual record and what her views are as the record demonstrates." [17:28]
Senator [Name] underscores the necessity of scrutinizing judicial nominees thoroughly to uphold constitutional principles and protect societal values.
Outlook for the Supreme Court
Senator [Name] expresses concerns about the future ideological balance of the Supreme Court, emphasizing the stakes involved in Judge Jackson's potential confirmation:
"The consequences are breathtaking... it's very concerning and we have not heard remotely a sufficient answer to it." [39:44]
He advocates for a Supreme Court that adheres to a colorblind constitution and resists ideologies that promote racial divisions.
Notable Quotes:
- Senator [Name]: "I started off by asking her, you know, what is critical race theory? And her initial response was essentially, I have no idea." [05:55]
- Senator [Name]: "In 100% of the cases where she had discretion, she sentences them to less, on average, 48% less than the prosecutor asked for." [32:52]
- Senator [Name]: "Judge Jackson will be the furthest to the left of any of the nine justices... the most likely to strike down the death penalty, the most likely to vote to release criminals." [32:52]
- Senator [Name]: "We're not going to slander her character personally. But we have a responsibility to examine her actual record and what her views are as the record demonstrates." [17:28]
This comprehensive summary captures the essence of the episode, highlighting key discussions on Judge Jackson's stance on CRT, her sentencing record, and the broader implications for the Supreme Court. Notable quotes with timestamps provide direct insights from the conversation, ensuring clarity and depth for listeners unfamiliar with the episode.