Karon Brown Jackson says she s a neutral arbiter of the law, but also refuses to define the word woman. And the media object to senators asking her very basic, very basic questions. Ben Shapiro explains why this should be an automatic disqualifying question in Supreme Court confirmation hearings, and why a nominee should be disqualified if they can't answer a basic question like, "How many fingers does the typical human being have?" If you can't do that, you're either an idiot, or you're being deliberately idiotic in order to pander to the political flavor of the month. The Ben Shapiro Show is sponsored by ExpressVPN. Protect your rights, not a privilege, at Express VPN. Defend your rights at ExpressVpn.org/DefendYourRights. You can get to all the news you need in just one moment. Get to all of the news in just ONE moment by becoming a subscriber today! Subscribe to the show and get access to the latest episodes of the show wherever you get your eardrums are listening to the newest episodes of The Daily Show, The Weekly Standard, and other major news and social medias. Subscribe and comment to stay up to date on all things going on in the world of politics, economics, culture, entertainment, business, and politics! Subscribe today using the hashtag on social media! and find out who's getting the most out of what's going on everywhere else? Ben Shapiro: and what s going on the most important thing you should be listening to right now! Tweet Me! on Insta: on the next episode of the Ben Shapiro s or . to get the latest in the latest episode coming up on the in the most listened to on the show? and Tweet me on so you can help spread the word to the world about it! or become a supporter? on that s going to be the most authentic version of , of that? or share it on your thoughts on the latest thing going on this episode of The Ben s thoughts on it? , and other things that s or your thoughts about it or what s happening in the past episode or any other thing you veeeeeeeeay or that s gonna be a good one on that episode of that s coming out on that or a good thing?
00:02:10.000I can't tell you how many fingers a typical human being has.
00:02:13.000This would be automatically disqualifying because here should be the rule.
00:02:17.000If a two-year-old could answer the question and you cannot, this means that you are either an idiot or you're being deliberately idiotic in order to pander to the political flavor of the month.
00:02:26.000And this is what happened at the Supreme Court hearing for Katonji Brown-Jackson, who is historic because she is the first black female nominee.
00:02:34.000We know that she's black because she's a black person.
00:02:36.000We know that she's female because, well, As it turns out, we may not know that she's a female because she doesn't know that she's a female because, of course, she is not a biologist.
00:02:45.000I bring this up because there is this widespread meme that has gained purchase on the left that Supreme Court nominees have to answer zero questions.
00:02:52.000And in fact, the goal of a Supreme Court nomination hearing is to never answer a question.
00:02:58.000It is true that when you ask a Supreme Court nominee a question, ever since the Robert Bork hearings, the idea is that every nominee is going to evade and not answer questions and simply say, well, I can't say anything about that because that specific case has not come up before me.
00:03:11.000And if they're asked about precedent, they're supposed to say, well, you know, that is precedent.
00:03:15.000They're supposed to just describe things as they are, not as how they would rule on them.
00:03:19.000And the reason for that is because they don't want anyone to recognize what it is they're going to do.
00:03:22.000So every nominee is a stealth nominee, right and left.
00:03:27.000Unless you're on the left, here's the thing.
00:03:29.000If you're on the left, you're not that much of a stealth nominee.
00:03:32.000Because if you're on the left, the core assumption in our culture and in our jurisprudence is that we will simply allow you to do whatever the hell you want.
00:03:40.000If you are a person on the right, and you are asked a simple question like, do you believe that Roe vs. Wade is a bad piece of jurisprudence?
00:03:47.000You're never ever supposed to say, yes, it's a bad piece of jurisprudence, even though everyone right, left and center agrees.
00:03:53.000If you've actually read the decision, it is a crap decision that has no basis in the Constitution, in the law or in biology.
00:03:58.000But you're not supposed to say that because that might give away your position on what you're going to do with Roe versus Wade.
00:04:03.000If you're on the left, however, you're supposed to just say flat out Roe versus Wade is not only a brilliant piece of jurisprudence, it is precedent.
00:04:09.000It is binding precedent and it will never go away.
00:04:12.000Well, this is the thing about being on the left.
00:04:14.000You're a stealth candidate when it comes to an inordinate number of things that the right is also stealthy on, when it comes to how you'd rule on administrative law, when it comes to how you'd rule on 10 years ago gay marriage.
00:04:24.000However, when it comes to the crucial issues of the day, if you're on the left, you can signal as much as you want because the media will just cover your ass and pretend that you're not supposed to answer questions on things like, what is a woman?
00:04:35.000Okay, so, Ketanji Brown Jackson's hearing started off a couple of days ago.
00:04:38.000And they start off with her as the stealth candidate.
00:04:40.000She started off in the same way that every other nominee starts off by praising America and sounding frankly just like Amy Coney Barrett when she was given her nomination hearing.
00:04:48.000So here's Ketanji Brown-Jackson talking about her family and the nation and sounding frankly indistinguishable from any conservative Republican on her family and the country.
00:04:57.000When I was born here in Washington, my parents were public school teachers.
00:05:02.000And to express both pride in their heritage and hope for the future, they gave me an African name, Kitanji Onyeka, which they were told means lovely one.
00:05:17.000My parents taught me that unlike the many barriers that they had had to face growing up, my path was clearer.
00:05:26.000So that if I worked hard and I believed in myself in America, I could do anything or be anything I wanted to be.
00:05:36.000Like so many families in this country, they worked long hours and sacrificed to provide their children every opportunity to reach their God-given potential.
00:05:47.000My parents have been married for almost 54 years, and they're here with me today.
00:05:52.000I cannot possibly thank them enough for everything they've done for me.
00:05:59.000Okay, so again, every nominee getsâI mean, she sounds like a conservative Republican.
00:06:04.000Only in a country like this one could somebody who looks like me become the person on the highest court in the land.
00:06:09.000with my life story ends up with this kind of success. Which sounds indistinguishable from say Tim Scott or maybe Coney Barrett or from anybody else who has minority status in the United States who has gained extraordinary access to power. And then Jackson did what she is supposed to do, again this is all the self-candidate kind of stuff, where she says that she's going to be a neutral arbiter. Now remember, every democrat who's ever been appointed to the Supreme Court says they'll be a neutral arbiter and then they're a reliable vote for the left.
00:06:33.000Katonji Brown-Jackson, who's backed by Demand Justice, will be a reliable vote for the left.
00:06:37.000Everybody knows this, but she's not supposed to say it out loud because we're all supposed to pretend that our judiciary is filled with non-politically motivated people.
00:06:44.000Here is Katonji Brown-Jackson at the beginning of her hearing a couple of days ago.
00:06:48.000I decide cases from a neutral posture.
00:06:52.000I evaluate the facts and I interpret and apply the law to the facts of the case before me without fear or favor, consistent with my judicial oath.
00:07:06.000That is without fear or favor, consistent with her judicial.
00:07:09.000And not only that, she's going to stay in her lane and she is not going to overreach.
00:07:13.000She is not going to read her feelings about what the law should be and what the law is.
00:07:18.000She is going to be a reliable voice on behalf of the text of laws.
00:07:21.000Again, everybody in their original sort of statements likes to sound like Samuel Alito or Justice Scalia or Clarence Thomas.
00:07:28.000And then as we will see for the left, none of that means anything.
00:07:33.000I am particularly mindful of not speaking to policy issues because I am so committed to staying in my lane of the system.
00:07:46.000Because I'm just not willing to speak to issues that are properly in the province of this body.
00:07:58.000The reason we know she's not going to stay in her lane is because she is beholden to the far left.
00:08:02.000She is, in fact, a member of the far left, as is indicated by pretty much everything that she has ever done or said.
00:08:10.000In terms of issues where she could stray to the far left.
00:08:14.000Anything in her social life where she could stray to the far left, she has.
00:08:17.000Any issue where she could stray to the left, she has.
00:08:19.000And this became very clear yesterday in this judicial hearing when Senator Marsha Blackburn of Tennessee She asked Jackson to define the word woman.
00:08:30.000And the reason she asked for this is because woman is a category in law.
00:08:54.000That is the difference between men and women on a biological level.
00:08:57.000In terms of chromosomal composition, men have XY, women have XX.
00:09:02.000There are certain peculiarities in which, for example, the SRY gene, which expresses gender, is somehow attached to an X gene sometimes during transmission.
00:09:11.000That can end up with an intersex case, or you can have an XY man where the SRY gene is not expressed, in which you have a person develop secondary female sexual characteristics, but they are genetically chromosomally male.
00:09:23.000That is not the same thing that is claimed by the left.
00:09:25.000The left claims that a man who is XY and whose SRY gene is completely expressed is still possibly a woman because they complain that male and female anatomy have nothing to do with male and female anything.
00:09:37.000That gender is completely disconnected from sex.
00:09:40.000Now, when it comes to the law, there is no law in US history that has been written that says that a man who identifies as a woman is a woman.
00:09:52.000Nobody in writing the Civil Rights Act of 1965 was thinking that a male who says he is a woman is in fact a female or that a woman who says she is a man is in fact a man.
00:10:02.000This is newfangled garbage that has come up in the last two years in widespread fashion on the left.
00:10:07.000It's gender theory going back to the 1960s, promulgated by a perverse piece of human dreck named John Money, whose gender theories ended with the suicidality of actual children under his care, and now it has been bibed wholesale by all of your cultural betters and elites.
00:10:24.000If you say on Twitter, That a man is a man and a woman is a woman.
00:10:29.000The Babylon Bee was banned from Twitter for the great crime of stating that Rachel Levine, who is the Deputy Under Secretary of Health and Human Services and who is a biological man, is a man.
00:10:39.000If you say that on Twitter, they will ban you.
00:10:40.000If you say that Leah Thomas, who still has twig and berries, Is a man.
00:11:04.000Because they are beholden to the far left.
00:11:06.000And they understand that if they were to say a woman is biologically, as I have described, Then they would immediately be cast out as lepers by their own colony.
00:11:17.000Their own group, the people who love them most, would immediately suggest that they are bigots in some way, they are transphobic, because you have to understand that for the left, the final destruction of the gender binary, the final destruction of the distinctions that are perfectly natural and embedded in biology between men and women, if you can destroy that, you can destroy the entire fundamental basis of natural law, which undergirds all of natural rights and undergirds all of the systemic building of civilization over the course of millennia.
00:11:43.000If everything just becomes arbitrary, and all terms just become arbitrary, then everything is power, which is precisely what the left wants.
00:11:49.000Every natural obstacle to utopia for the left must be wiped away.
00:11:54.000And this includes natural, normal, and factual distinctions between male and female.
00:11:59.000This is a question that goes very deep.
00:12:01.000Because you have to wonder, when a highly intelligent person like Etanji Brown-Jackson is asked, what is a woman?
00:13:08.000Here's a flag, a trans flag, in my profile.
00:13:10.000In fact, I will even buy into the idea that sex is completely malleable by adding pronouns to my Twitter bio.
00:13:17.000I mean, you know that I'm a man, and I know that I'm a man, but if I add he him To my Twitter bio, where there is no confusion, what I'm really saying is, if I wanted to be she-her, I could be.
00:13:28.000I mean, these are very, very difficult questions.
00:13:37.000Because we know that the Federal Reserve is going to be raising interest rates a bunch of times over the course of the next year, two years.
00:13:43.000And this means interest rates on mortgages are likely to go up.
00:14:01.000Take advantage of a free no-obligation mortgage review where you will learn about custom loan options that can save you up to $1,000 a month.
00:15:56.000So Marsha Blackburn asked her a very simple question.
00:15:59.000Do you acknowledge that there are physical differences between men and women?
00:16:02.000Again, any small child can tell you the answer to this because small children are apparently less moronic than people who have been Harvard Law educated.
00:16:10.000Here is Katonji Brown-Jackson's answer.
00:16:14.000Do you agree with Justice Ginsburg that there are physical differences between men and women that are enduring?
00:16:24.000Senator, respectfully, I am not familiar with that particular quote or case, so it's hard for me to comment as to whether or not.
00:16:36.000Why exactly would it be hard to comment?
00:18:02.000For several years, Matt Walsh has just been asking a very simple question to everybody on the left who tries to claim that they are both pro-feminist and also pro-trans.
00:18:14.000So Matt went on a journey, a magical top secret journey all around the United States and abroad to determine if anyone on the left could identify what a woman is.
00:18:24.000His documentary is called What is a Woman?
00:18:27.000It is the most important question and film of 2022.
00:18:30.000Here is a look at the incredible sneak peek.
00:18:32.000It's going to be available only at Daily Wire.
00:19:32.000And the reason it's fantastic is because when people refuse to answer extraordinarily simple questions like this, it means they are lying to you.
00:19:39.000Everyone in America knows that this is Emperor New Clothes bulls**t. Everyone knows this.
00:19:45.000And yet we are all supposed to pretend that the Emperor is not naked, and that you're a bad person if you say that the Emperor is naked.
00:19:51.000In fact, we will ban you from social media.
00:19:53.000We won't let you on the Supreme Court if you say that the Emperor is naked.
00:19:57.000In fact, even if you say that the Emperor is naked and he's showing his d**k, and that he's a man because he's the Emperor, not the Empress, and you know because his balls are hanging out, this would make you a bigot.
00:20:07.000That is where we are in American society.
00:20:09.000So Matt's documentary, What is a Woman?
00:20:11.000is definitely worth the watch and you should head on over to dailywire.com right now and subscribe in preparation.
00:20:15.000It's going to be the biggest documentary of the year and it requires explication.
00:20:19.000But again, this goes back to the fact the wisest among us are the people who are least likely to tell you what a woman is.
00:20:28.000I answered it on a biological level because that we can we can uncover bodies from thousands of years ago and we can look at bone structure and we can determine from that if you are a woman or a male all of the people who claim that they are members of the opposite gender when they are buried and a thousand years from now they're dug up Biologists, as Ketanji Brown-Jackson says, will be able to tell whether they are a male or a female.
00:20:51.000And it did not matter what they thought they were in their heads, because that's stupid.
00:20:56.000But that is part of a broader left-wing agenda to rewrite reality so they can do whatever the hell they want, so there are no restrictions on what they do.
00:21:02.000We'll get to more on this in just one second.
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00:22:08.000The fact of evolutionary biology, it's so funny, the people who say they are big fans of science refuse to acknowledge the basic evolutionary biology here, which is all progeneration of the human species and all mammalian species are dependent on sexual dichotomy.
00:22:21.000There is no controversy about this at any level in the scientific community.
00:22:25.000There are just people who lie that there's controversy about it.
00:22:58.000It makes you a bad person to decide that the accepted wisdom of the past is no good any longer because you have decided on the basis of no evidence whatsoever that that accepted wisdom is bad.
00:23:09.000You can't point to another culture where this has been successful.
00:23:11.000You can't point to another place on earth Where people do not acknowledge the centrality of male-female duality.
00:23:19.000All of the attempts to suggest that there are people who don't fit into the boxes and therefore everyone could theoretically be either male or female.
00:23:25.000That does not exist anywhere on earth.
00:23:27.000You'll see in Matt's documentary he talks to some people in different places on earth.
00:23:31.000So accepted wisdom is the second source.
00:23:34.000And reason again is connected to the other two sources.
00:23:36.000Evolutionary biology and ancient wisdom.
00:23:39.000If you come up with a rationale out of your head that men can be women and women can be men, this is illogical at a fundamental level.
00:23:44.000These are either categories that exist or they do not exist.
00:23:46.000The left wants them to both exist so they can claim sexism if you ask Ketanji Brown Jackson the question, and not to exist so Ketanji Brown Jackson can't actually answer the question.
00:23:55.000So on the one hand, don't ask her the question, she's a woman, stop being sexist.
00:23:58.000On the other hand, she can't answer what a woman is because that would make her a sexist.
00:24:03.000Do you get the feeling this is all a power game?
00:24:05.000That it's all a Michel Foucault post-modernist power game?
00:24:10.000And again, this is not a surprise because for Ketanji Brown-Jackson, no matter how stealth the left wants to be, they can't be fully stealth in their viewpoints because they don't feel like they have to be fully stealth in their viewpoints.
00:24:23.000So for example, Ketanji Brown-Jackson was asked about abortion.
00:25:14.000And listen, there are lots of cases in American history where precedent was bad.
00:25:18.000Plessy vs. Ferguson, Brown vs. Board of Education, for example.
00:25:21.000So this notion that you are just adhering to precedent, you're going to have to explain why you're adhering to a particular precedent if you want me to believe that you believe in the precedent itself, as opposed to you just believe what it's saying.
00:25:32.000Anyway, here's Kestanji Brown-Jackson paying homage to Roe vs. Wade, the full litmus test for the left.
00:25:38.000I do agree with both Justice Kavanaugh and Justice Barrett on this issue.
00:25:46.000Roe and Casey are the settled law of The Supreme Court concerning the right to terminate a woman's pregnancy.
00:26:03.000Okay, and apparently, I know she's not a biologist, so she doesn't know what a woman is.
00:26:07.000She apparently also doesn't know what a human life is.
00:26:09.000So she was asked, when does life begin?
00:26:11.000Now this is a rather crucial question.
00:26:13.000It's a rather crucial question because if life begins at conception, then theoretically, 14th Amendment protections, equal protection, should apply to the unborn.
00:26:20.000This has been the case made by the pro-life community for years and years and years and years.
00:26:24.000And again, the simple answer as to what does a human life constitute is again biologically incredibly simple.
00:26:29.000An individual member of the species Homo sapien.
00:26:33.000Human life with potential, as Robert George puts it over at Princeton.
00:26:37.000It begins at conception, as in its own independent DNA.
00:26:40.000It will develop into a full-grown human.
00:26:43.000It will develop into a full-grown baby.
00:26:44.000It will develop from an embryo into a fetus.
00:27:54.000I think she does know, but I think she doesn't want to say.
00:27:58.000Again, it's stealth when it's convenient to be stealth, and it's open when it's convenient to be open.
00:28:02.000Now, what exactly do we know about Katonji Brown-Jackson?
00:28:05.000Well, she knows that she does sit on the board of a school that is very, very far left in orientation.
00:28:10.000According to FoxNews.com, Jackson's questionnaire for the Senate Judiciary Committee says she's been a board of trustees member at Georgetown Day School since 2019, and a member of the Georgetown Day School community for nearly a decade.
00:28:21.000Jackson said, quote, since becoming part of the GDS community seven years ago, Patrick and I, as her husband, have witnessed the transformative power of a rigorous, progressive education that is dedicated to fostering critical thinking, independence, and social justice.
00:28:33.000If you sit on the board of a school, this means you have input into the curriculum of the school.
00:28:36.000My wife sits on the board of a school, and that means that she has input into the curriculum of the board of the school.
00:28:41.000And if ever the curriculum began to cut directly against the values in which we believe, we would drop from the board of the school and we'd move our kids.
00:28:49.000So if she's sitting on a board of a school where she's progressing, she's praising the rigorous progressive education, you have to assume that she's greenlit at least the generalized orientation of the school.
00:28:59.000Georgetown Day School's website indicates the board of trustees is involved with executing an anti-racism and action plan, which includes reviewing and revising current language around community expectations and reviewing anti-racist work to inform potential governance changes.
00:29:14.000The website says, We at Georgetown Day School have been engaging across the community to further define and deepen our commitments to being an anti-racist institution and staying true to our founding mission.
00:29:23.000We have identified a path forward for the institution we want to transparently share how we have performed in meetings in meeting our commitments for the 2020-2021 school year and beyond.
00:29:33.000Some anti-racist resources recommended by the school include Richard Delgado's Critical Race Theory, a video by Kimberly Crenshaw titled The Urgency of Intersectionality, and Peggy McIntosh's White Privilege, Unpacking the Invisible Knapsack.
00:29:45.000Also on the list is Ibram X. Kendi's garbage book, How to Be an Anti-Racist.
00:29:52.000She also has multiple times championed As reported by the Daily Wire, she moderated a Harvard Alumni Association webinar in October 2021.
00:30:01.000The webinar discussed diversity, equity, inclusion, and belonging, in which Jackson asked how the university recruits and retains talented faculty of color.
00:30:13.000She spoke at an award dinner for the Black Law Students Association at the University of Chicago in February 2021, where she lectured about how microaggressions are real, She gave a lecture in January 2020, in which she said she took inspiration from Derrick Bell, who is one of the godfathers of critical race theory.
00:30:32.000Now, as we will see, the media get very angry that she was asked any of these questions.
00:30:35.000Marsha Blackburn asked her, are you interested in injecting critical race theory into your jurisprudence?
00:30:42.000It's funny because the left again likes to have it both ways.
00:30:44.000The way that this works is that they will say, if you say critical race theory has been boiled down and weaponized in schools for small children, which is true, you'll say, no, no, no, it's a legal theory, guys.
00:31:05.000You can't ask this question and you also can't ask the converse question.
00:31:08.000Here is Marsha Blackburn asking about critical race theory and SCOTUS jurisprudence.
00:31:14.000You have praised the 1619 Project, which argues the U.S.
00:31:18.000is a fundamentally racist country, and you have made clear that you believe judges must consider critical race theory when deciding how to sentence criminal defendants.
00:31:30.000Is it your personal hidden agenda to incorporate critical race theory into our legal system?
00:31:38.000These are answers that the American people need to know.
00:31:53.000You described the job you do as a judge, and you said sentencing is just plain interesting because it melds together myriad types of law, criminal law, and of course constitutional law, critical race theory.
00:32:05.000So you described in a speech to a law school what you were doing as critical race theory.
00:32:10.000And so I guess I would ask, what did you mean by that when you gave that speech?
00:32:13.000What I meant was that there are a number of, that slide does not show the entire laundry list of different academic disciplines that I said relate to sentencing policy.
00:32:29.000Oh, it just relates to sentencing, but why does it relate to sentencing policy?
00:32:33.000So yes, if the idea is these are factors that relate to sentencing policy, why is that a factor you should take into consideration?
00:32:40.000Then, he was mocked, was Senator Cruz, for bringing up the fact that Ibram X. Kendi's book is assigned in the library over at the school where this particular judicial nominee is on the board.
00:32:52.000An anti-racist baby, which is Ibram X. Kendi's indoctrination into critical race theory for small children.
00:32:59.000Ibram X. Kendi, one of the great grifters and one of the least brilliant public figures of our time.
00:33:05.000His book for small children, if you want to see my critique of that book, by the way, I believe I did one on YouTube maybe a year ago.
00:33:10.000Here is Senator Cruz asking her about it and people on the left mock this.
00:34:11.000Another portion of the book They recommend that babies confess when being racist.
00:34:20.000Now this is a book that is taught at Georgetown Day School to students in pre-K through second grade, so four through seven years old.
00:34:30.000Do you agree with this book that is being taught with kids that babies are racist?
00:34:36.000Senator, I do not believe that any child should be made to feel as though they are racist or though they are not valued or though they are less than, that they are victims, that they are oppressors.
00:35:05.000But what I will say is that when you Asked me whether or not this was taught in schools, critical race theory.
00:35:16.000My understanding is that critical race theory as an academic theory is taught in law schools and To the extent that you were asking the question, I understood you to be addressing public schools.
00:35:29.000Georgetown Day School, just like the religious school that Justice Barrett was on the board of, is a private school.
00:35:36.000Okay, so apparently it's fine to teach it to private school students according to this justice.
00:35:40.000By the way, that distinction makes no difference whatsoever between public and private when the question is, should this be taught to kids?
00:35:45.000And for all the people on the left who are like, why is she being asked all these questions?
00:35:48.000You'll remember that Amy Coney Barrett was asked a bunch of questions about being on the board of a private Christian school that held traditional values with regard to sexual activity.
00:36:00.000In an irrational world, there is no way this person would be on the Supreme Court.
00:36:03.000She has plenty of academic qualifications, that's fine.
00:36:06.000She has zero qualifications to be on the Supreme Court, so long as you don't know what a woman is, believe that small children should be assigned things like anti-racist baby, and you inject critical race theory into education, and also believe, by the way, that you can't define human life.
00:36:21.000These seem like pretty disqualifying characteristics, but I understand that's not how we do this game anymore.
00:36:25.000The way we do this game is Democrats appoint radical Democrats, and Republicans appoint people who they think can get through.
00:36:30.000That's pretty much all that happens at the Supreme Court level.
00:36:33.000In a second, we'll get to what has become the most controversial portion of the questioning of Keitanji Brown-Jackson.
00:36:38.000Believe it or not, not even her failure to announce what a woman is, despite being a historic woman.
00:36:43.000We'll get to the accusations that she has been easy on sex offenders in her decisions for sentencing.
00:37:41.000Get yourself a copy of The Once and Future King by T.H.
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00:37:52.000So, meanwhile, the other major issue that has arisen during the Katonji Brown-Jackson hearings is the issue of her record on child pornography and the sentences for child pornographers.
00:38:09.000So, Josh Hawley put out a bunch of statements in a case called U.S.
00:38:12.000v. Hawkins, where she sentenced a sex offender in possession of over 600 images of child pornography to just three months in prison.
00:38:20.000Sentencing guidelines apparently had suggested about 10 years.
00:38:23.000She said, quote, I am willing to do that to some extent because I do think that the guideline factors are in many ways outdated and no longer adequately distinguish more serious child pornography offenders from the less serious child pornography offenders.
00:38:35.000She said, although the guidelines charge you with having more than 600 images, the court notes that your collection at the time that you were caught was not actually as large as that seems because it consisted of 16 digital images and 17 digital movie files.
00:38:55.000Judge Jackson said, In your case in particular, I don't feel it is appropriate, necessarily, to increase the penalty on the basis of your use of a computer or the number of images or prepubescent victims as the guidelines require, because these circumstances exist in many cases, if not most, and don't signal an especially heinous or egregious child pornography offense.
00:39:13.000Okay, so, Andy McCarthy has a piece over at National Review breaking this stuff down.
00:39:18.000What he says is that this child pornography angle is actually Less of an angle than the generalized angle, which is the Ketanji Brown Jackson is super soft on crime generally.
00:39:28.000And here's what Andrew McCarthy says to give it the sort of full fairness he's here.
00:39:34.000I was a federal prosecutor for nearly 20 years, and ran a satellite U.S.
00:39:37.000Attorney's Office for the last four of those in the Southern District of New York.
00:39:40.000Child pornography increasingly became a priority for SDNY in the 90s, with the ascendancy of the internet, social media, and digital markets, which not only dramatically increased the volume of images, but made interstate facilities, over which the feds have jurisdiction, the dominant means of commerce in pornography and of soliciting minors for sexual purposes.
00:39:56.000There is a wide variety of federal offenses gathered under the label sex offenses.
00:40:00.000In his critique of Jackson last week, Josh Hawley tweeted he had noticed an alarming pattern when it comes to judge Jackson's treatment of sex offenders, especially those preying on children.
00:40:10.000Sex offenders who prey on children include deviants who rape children and those who force them into sexual acts for purposes that include prostitution and the production of pornography.
00:40:17.000At the other end of the spectrum, sex offenders include people who have never put a hand on a child for sexual purposes, But are consumers of pornographic images, which they possess, transmit, or trade, sometimes for money, but often not?
00:40:28.000To be sure, well-adjusted people, if they had to view these images as investigators do, would be sickened.
00:40:32.000Still, when we talk about consumers, we are not talking about people engaged in the atrocious conduct that produced the images.
00:40:37.000It is rational to criminalize consumption offenses because they contribute indirectly to the atrocious production of conduct.
00:40:42.000If there were no market for the images, many fewer of them would be produced.
00:40:45.000Yet the criminal law makes these kinds of distinctions all the time.
00:40:48.000The offender who commits a gruesome murder is orders of magnitude more culpable And the associate who helps him get rid of the murder weapon.
00:40:55.000So, the basic idea that McCarthy is saying is that there's been a lot of talk about the sentencing guidelines with regard to child pornography and treating somebody who sexually enslaves a child the same way as somebody who has child porn on their computer.
00:41:08.000According to McCarthy, that's a pretty open debate within sort of legal circles.
00:41:14.000He says, Judge Jackson's views on this matter are not only mainstream, they are correct, in my view.
00:41:21.000Undoubtedly, Jackson is more sympathetic to criminals than I am.
00:41:24.000If I were to judge, I'm sure I'd impose at least marginally more severe sentences than she has.
00:41:29.000Contrary to Howley's suggestion, she appears to have followed the guidelines at the low end of the sentencing range.
00:41:33.000But other than the fact that Congress wanted to look as though it was being tough on porn, there's no good reason for the mandatory minimum in question, and it's unjust in many cases.
00:41:39.000Okay, so in any case, the basic idea here from McCarthy is that there's sort of kind of bipartisan need to rewrite these particular statutes.
00:41:50.000I think that, basically, if you want to penalize people for having images of small children in sexual positions on their computer, you go for it and you lock them up for life.
00:42:11.000Apparently, that is a more open debate, but the point that McCarthy makes is that Judge Jackson, her general take on criminal law is very, very loose.
00:42:22.000He says that she's gone out of her way in order to loosen criminal statutes or in order to push loosening of criminal statutes.
00:42:29.000In any case, Howley really pushed this a lot in the hearings.
00:42:33.000He said, it's hard to argue the sentencing guidelines for child sex sentences are too harsh.
00:42:36.000Now, it's true that there's been, again, bipartisan approval in terms of the child sex Sentencing for the sentencing guidelines from Republicans and Democrats to change the standards there.
00:42:47.000But Howley, I think, correctly says, I'm not sure why that's bipartisan or why anybody should be in favor of it in the first place.
00:42:52.000Here's a New York Times report from 2019.
00:42:56.000Last year, tech companies reported over 45 million online photos and videos of children being sexually abused, more than double what they found the previous year.
00:43:15.000Now the crisis is at a breaking point.
00:43:17.000I think it's difficult against this backdrop to argue that the sentencing guidelines are too harsh or outmoded or that we should be somehow treating child porn offenders more leniently than the guidelines recommend.
00:43:32.000Okay, and then he starts asking her some pretty specific questions about her behavior with regard to sentencing in certain cases.
00:43:39.000So, for example, there's one case where she apologized for giving a particular sentence to a pedophile, to a child pornography consumer.
00:43:47.000You said to him, this is a truly difficult situation.
00:43:51.000I appreciate that your family's in the audience.
00:45:16.000He presented all of his diplomas and certificates and the things that he had done and argued, consistent with what I was seeing in the record, that this particular defendant had gotten into this in a way that was, I thought, inconsistent with some of the other cases that I had seen.
00:45:39.000Okay, so this is part of a broader In 2020, anarchists, rioters, and left-wing street militias raged across the country.
00:45:46.000And murders increased at the fastest rate in history.
00:45:48.000on crime. This is a point that Senator Tom Cotton from Arkansas made in his questioning of Kitanji Brown-Jackson.
00:45:53.000In 2020, anarchists, rioters, and left-wing street militias raged across the country, and murders increased at the fastest rate in history. And in the first year of the Biden administration, violent crime got even worse. It's no coincidence that this violence came as localities and states pushed to defund the police and reduce the punishment for criminals.
00:46:20.000Career criminals are committing violent crimes and going free under the guise of a supposedly more equitable justice system.
00:46:30.000Okay, now, Katonji Brown-Jackson, again, her history when it comes to criminal offenders is very, very weak.
00:46:35.000So, for example, in one particular case, she sentenced some Black Hebrew Israelites by essentially calling them part of a vegan community.
00:46:43.000There was some sort of decision in which she called them part of a vegan community.
00:46:46.000Now, I can safely say that the Black Hebrew Israelites are a wildly anti-Semitic group.
00:46:50.000They call themselves the African Hebrew Israelites, but it's not a religious community.
00:46:54.000And apparently they're mostly just a vegan community, according to Ketanji Brown-Jackson, or at least that seemed to be the implication of what she was saying.
00:47:01.000They call themselves the African Hebrew Israelites, but it's not a religious community.
00:47:06.000It's a cultural community around healthy living.
00:47:12.000And they have created a restaurant and a series of restaurants here in the Washington, D.C.
00:47:19.000area with menus involving really, I'm told, terrific vegan foods.
00:47:29.000That's a weird take on the black Hebrew Israelites that are vegan community.
00:47:32.000Okay, well, anyway, the media have determined that all of these questions, from her sentencing guideline questions, to critical race theory, to what is a woman, to when does human life begin, basic, basic questions.
00:47:45.000All of this should have been off limits, which of course was the goal.
00:47:48.000And Joe Biden declared that he was going to put a black woman on the Supreme Court.
00:48:00.000The game is that I will put up somebody who is a particularly vulnerable minority.
00:48:05.000And if you then ask a normal question to that person, it is because you are a racist and a sexist, even if that person cannot explain why you would be a sexist since women have no definition.
00:48:15.000So Jeffrey Toobin, who should never ever be called upon to to talk about sexism in any way, considering that he knocked up a colleague's daughter, attempted to pay her to have an abortion, and then was caught in a Zoom call f***ing off.
00:48:29.000This person seems like the least likely person to talk about the victimization of women, Jeffrey Toobin.
00:48:34.000Nonetheless, there he is back on CNN, spreading his hot, sticky legal journalism everywhere, and talking about how questions being asked by Josh Hawley, this is actually connected to QAnon.
00:48:44.000People are trying to apparently get Ketanji Brown-Jackson killed.
00:48:47.000This is the going concern among members of the media.
00:48:50.000If you ask a tough question to a Democrat, it's because you want them assassinated.
00:48:53.000If, however, you accuse Justice Brett Kavanaugh with no evidence whatsoever of being a gang rapist, then that is just because you're doing your job as somebody trying to vet for the Supreme Court.
00:49:01.000Here is Jeffrey Toobin, who has put it away, at least for this clip.
00:49:07.000This is about appealing to the QAnon audience, this cult that is a big presence in Republican Party politics now, that is where Senator Hawley is trying to ingratiate himself with that group and run for president with their support.
00:49:35.000The entire media just sweeping into defense for Katonji Brown-Jackson, who again is not performing especially poorly for a Democratic nominee and also is not performing particularly well.
00:49:45.000She's performing exactly as you would expect a woke Democrat to perform when asked to pretend to be a judge in front of a committee of people.
00:49:51.000That is, or asked to pretend to be a judicial nominee for the Supreme Court.
00:49:56.000A neutral arbiter in front of other senators.
00:50:03.000To hold up books that he claimed are part of the curriculum at Georgetown Day, I found to be a really deeply offensive line of questioning and clearly a dog whistle in terms of racial politics.
00:50:17.000Oh, it's a dog whistle, don't you see?
00:50:19.000So just to get this straight, asking Amy Coney Barrett about her religious beliefs, not a dog whistle.
00:50:25.000Pretending Brett Kavanaugh is a gang rapist, not a dog whistle.
00:50:28.000It's a dog whistle if you ask her about the books that appear at the school where she's a board member.
00:50:32.000There's an editorial board piece today from the Washington Post.
00:50:35.000It is titled, quote, Republicans boast they have not pulled a Kavanaugh.
00:50:38.000In fact, they've treated Jackson worse.
00:51:13.000Nothing comes in and nothing comes out.
00:51:14.000Here's CNN's Abby Phillip doing the same thing.
00:51:16.000If you ask about critical race theory to Ketanji Brown-Jackson, who has lectured multiple times and made reference to critical race theorists, that's, you know, that is not, it's not even important.
00:51:25.000Why are you even bothering to ask about these things?
00:51:32.000It's not even important to find out whether she knows what a woman is, or when human life begins, or whether her legal theory is infused with the teachings of Derrick Bell.
00:51:53.000She answered all the questions, and at the end of the day, it was Ted Cruz holding up pictures of a picture book, and I think that in the context of a Supreme Court nomination, that just seems sort of below the line of what is important in the big scheme of things.
00:52:05.000Oh yeah, it's not important at all if her critical race theory beliefs start to infuse her judicial beliefs.
00:52:12.000Meanwhile, NBC's Cynthia Allen went so far as to say, this woman is a pragmatist.
00:52:16.000She is dead center of the political spectrum, which is exactly why Joe Biden would pick her because he's looking for centrist judges.
00:52:22.000That's, I mean, that was the record for the person she's replacing, Stephen Breyer, who is a consistent Democratic vote, the least influential justice in modern American history.
00:52:31.000Just a solid Democrat vote for pretty much everything, did not write a single important decision his entire career.
00:52:38.000and is backed by Demand Justice, a radical left-wing group.
00:52:40.000But don't worry, she's a pragmatist who is dead center according to, you know, this is why the entire Democratic Party has moved to the left, because they actually believe that wild leftism is dead center.
00:53:31.000Despite the gratuitous attacks, Judge Jackson's been very cool under pressure.
00:53:36.000They don't have anything real to criticize her.
00:53:37.000They've been trying to portray her as being soft on crime, which is interesting because she's been endorsed by both the International Association of Police Chiefs and the Fraternal Order of Police and the Band Police.
00:54:23.000And if you read the media, you would imagine that thousands upon thousands of Disney employees have been walking out of their places of employ.
00:54:30.000There are 200,000 employees at Disney.
00:55:10.000How many people do you think, if you read the media, how many people out of 200,000 do you think walked out during this massive Disney walkout?
00:55:17.000So earth-shattering that Bob Chapek at Disney had to run screaming from his own apolitical position on what particular states do with their educational systems.
00:55:25.000By the way, bills that are widely approved by parents I mean, according to the poll data, I will just point out here, 60% of Disney's own employees, when told about what this bill includes, support the bill in Florida, which does not say anywhere in it the word gay and is not, in fact, a Don't Say Gay bill.
00:55:44.000The Daily Wire, we did our own poll on this with a polling firm.
00:55:48.000We found 67% of Americans said Disney was wrong to oppose the bill, and 60% of Disney's own consumers backed the legislation's main provisions.
00:55:55.000So not a majority of Disney employees, a majority of their consumers.
00:56:18.000And if they caved to those 10,000 employees, you might say, well, you know, stupid move, but you can sort of see why 5% is a fairly critical mass of your employee base.
00:56:28.000And for every person who walked out, maybe there were two people who were sympathetic.
00:57:30.000So for example, Utah's governor, Spencer Cox, he just refused to sign a bill that barred male athletes from playing with females.
00:57:41.000This makes him the second Republican governor in two days to reject such legislation.
00:57:45.000Republican legislators in Utah are going to override the veto.
00:57:48.000Cox said in a statement that while politically it would be much easier and better for me to simply sign the bill, he chose to veto it because he tried to do what I feel is the right thing regardless of the consequences.
00:57:56.000And on Monday, Governor Eric Holcomb of Indiana, a Republican, vetoed a similar bill, saying it would likely have been challenged in the court and would not have solved any pressing issue.
00:58:15.000Because they have decided that they would rather be held hostage by a small group of people who are very, very loud than do what's in the interest of their own constituents.
00:58:24.000And it is because of this sort of cowardice that you see things like the question of what is a woman bleeding up to the Supreme Court?
00:58:31.000Remember, everything that happens at the Supreme Court level starts off in law schools.
00:58:36.000Really interesting piece over at Barry Weiss's Substack by a guy named Aaron Sebarium.
00:58:42.000Aaron Sebarium is a staff writer at the Washington Free Beacon, and he has a piece talking about the infusion of our entire legal education system with wokeness.
00:58:51.000He says, In 2017, the super-lawyer David Boies was at a corporate retreat at the Ritz-Carlton in Key Biscayne, Florida, hosted by his law firm, Boies, Schiller & Flexner.
00:59:17.000Then, an associate in her late 20s stood up.
00:59:20.000She said there were lawyers at the firm who were uncomfortable with boys representing disgraced movie maker Harvey Weinstein, and she wanted to know whether boys would pay them severance so they could quit and focus on applying for jobs at other firms.
00:59:33.000When congressional Republicans used to attack attorneys for representing Gitmo detainees, the entire left rallied around them.
00:59:38.000But that's not how the New Associates saw Boyd's choice to represent Weinstein.
00:59:41.000They thought there were certain people you just did not represent, people so hateful and reprehensible that helping them made you complicit.
00:59:49.000The adversarial legal system, in which both sides of a dispute are represented vigorously by attorneys with a vested interest in winning, is at the heart of the American constitutional order.
00:59:57.000Since time immemorial, law schools have tried to prepare their students to take part in that system, says Aaron Siberian.
01:00:03.000Now, the politicization and tribalism of campus life have crowded out old-fashioned expectations about justice and neutrality.
01:00:09.000The imperatives of race, gender, and identity are more important to more and more law students than due process, the presumption of innocence, and all the norms and values at the foundation of what we think of as the rule of law.
01:00:20.000So, again, everything that you're seeing at the Supreme Court level with Ketanji Brown-Jackson has bled over to every area of America's culture, and all of these corporations, these woke corporations, are falling prey to it.
01:00:43.000All the rest of these people who decide to take the cowardly way out because they're afraid of small minorities of people who believe absolutely incredibly stupid garbage with no basis to support it.
01:00:52.000All those people deserve what they get politically.
01:00:55.000Alrighty, we'll be back here later today with an additional hour of content.
01:00:57.000In the meantime, go check out The Michael Moll Show that's available right now.
01:01:30.000Supreme Court nominee Katonji Jackson praises the radical African Hebrew-Israelite cult, Joe Biden promotes a new world order, and Russia wants to take back Alaska.