At yesterday's Senate Judiciary Committee hearing, Sen. John Kennedy (R-LA) questioned Rebecca Pennell, a district judge nominee, about her record.
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NewsTranscript
00:00 Thank you, Mr. Chairman, and congratulations to all three of you.
00:07 Judge Pinnell, you are a political activist, aren't you?
00:15 Thank you, Senator Kennedy.
00:16 I am a judge on the Washington State Court of Appeals.
00:19 I don't consider that to be a political activist.
00:23 In 2020, you and ten of your friends issued a written statement.
00:35 You entitled it, quote, "Statement on Racism, White Supremacy, and Justice."
00:46 Here's what you said.
00:49 I'm quoting from you now.
00:51 "Racism and white supremacy currently plague every social, educational, economic, governmental,
01:04 and legal system."
01:07 "Racism and white supremacy currently plague every social, educational, economic, governmental,
01:21 and legal system in our state and in our nation, and they have for centuries."
01:29 "Both," you're referring to your state and America, "both target black, indigenous, African-American,
01:46 Latinx, and other people and communities of color, resulting in entrenched inequality
01:57 and inequity, manifesting in unjust, unfair, and differential treatment, and yielding remarkably
02:08 disparate and negative outcomes relative to those experienced by white people," end quote.
02:18 Did I read that accurately?
02:20 Senator, I don't have it in front of me.
02:22 I don't have any reason to say, to think that you did not read that correctly.
02:28 Okay.
02:31 You are very active in Planned Parenthood, are you not?
02:38 No, Senator.
02:40 Okay.
02:41 Well, Planned Parenthood, in its annual reports, lists you as a "silver friend," close quote.
02:51 Do you know what a silver friend means?
02:53 I don't, Senator.
02:55 That's someone who has donated between $1,000 and $2,500 to Planned Parenthood of greater
03:04 Washington and North Idaho.
03:08 That's in the Planned Parenthood annual reports.
03:10 You don't know anything about that?
03:12 I don't recall.
03:14 What I recall, Senator, is that my husband had donated to Planned Parenthood, and I think
03:19 at some point in time they listed me along with him, but I believe that was a donation.
03:25 This is you.
03:26 Okay.
03:27 In fact, they say that as of 2018, you've been a donor for at least 10 consecutive years.
03:35 Is that right?
03:36 I do not recall donating them for the last 10 consecutive years.
03:40 Ten years before 2018?
03:44 I don't recall, Senator.
03:45 Okay.
03:46 You don't remember.
03:47 Okay.
03:48 Let me ask you, you're on the court of appeal, let me ask you about a few of your cases.
03:53 Do you remember a case called State v. Westwood?
03:59 I believe so, Senator.
04:01 And you were reversed in that case, weren't you?
04:03 Senator, in reviewing my cases, I think I've been reversed in about 2% of the cases that
04:08 I've issued.
04:09 I've issued almost ... Were you reversed in that case, though?
04:13 That was a very complicated case regarding sentencing law.
04:16 But I'm going to run out of time, and I've got a bunch of these.
04:19 Okay.
04:20 Were you reversed in that?
04:21 That might have been one of the 2% of the cases.
04:22 I think so.
04:23 Were you reversed?
04:24 I believe that that was one of the 2% of cases, Senator.
04:25 Do you remember a case called Personal Restraint of Aorist?
04:33 That I think was the case regarding whether or not the person had been deprived ...
04:36 Were you reversed in that case?
04:37 That was ... I think that I was not reversed ...
04:39 Were you reversed in that case, Kennelson?
04:41 Senator, I think that I wasn't reversed as to outcome, but it was one of the 2% of the
04:45 cases where the State Supreme Court disagreed with the analysis.
04:48 Do you remember a case called Parental Rights of ALK?
04:54 Were you reversed in that case?
04:56 Senator, I think that was one of the 2% of my over 450 cases where there was a reversal.
05:01 Do you remember a case called State v. Lobbaum?
05:07 I recall that case, Senator.
05:09 That case ...
05:10 Were you reversed in that case?
05:11 That was one of the 2% of cases.
05:12 I issued an opinion to affirm a conviction, and the State Supreme Court overruled that
05:17 and reversed it.
05:18 Do you remember a case called State v. Barbosa v. Cortez?
05:22 Were you reversed in that case?
05:24 Senator, that case is not coming to mind again.
05:27 I've issued over ... Myself personally written over 450 decisions.
05:31 Do you remember a case called State v. Telvic?
05:35 Senator, I think I recall that name.
05:37 That might have been one of the 2% of cases.
05:38 Were you reversed in that too?
05:40 That might have been one of the 2% of cases, Senator.
05:44 Another case, Hendickson v. Moses Lake School.
05:47 Were you reversed in that case?
05:50 Senator, I recall that case.
05:54 I think that might have been one of the 2% of cases where the State Supreme Court disagreed
05:58 with the analysis of another appellate court from the State Supreme Court.
06:01 Do you remember a case called State v. Curry?
06:03 Were you reversed there?
06:05 Senator, I think you're reading off all the cases.
06:07 I think that's one of the 2% of cases.
06:10 How about a case called State v. Rathbone?
06:14 Were you reversed?
06:15 That's probably one of the 2%, Senator.
06:17 How about a case called Douglas v. Shamrock Paving Company?
06:22 Senator, that's a case where I was largely affirmed.
06:25 The only thing that was reversed, I included everything, even if it was just a partial
06:29 reverse.
06:30 The only thing that I was reversed on was an award of attorney fees.
06:33 The substance of the law, which was rather new in that case regarding what constituted
06:38 an investigation for an environmental cleanup.
06:39 So you weren't reversed?
06:41 That part of it I was affirmed.
06:42 Yeah.
06:43 I think that would be a surprise to the Supreme Court that you weren't reversed.
06:46 Okay.
06:47 Thank you, Senator.
06:48 I'm out of time.
06:49 Thanks, Mr. Chairman, for your indulgence.
06:50 For the record, what is 2% of 450?
06:54 I think it's about 11 cases, if memory serves, 11 to 12 cases of the cases that I've written,
06:59 many of which are grappling with really novel issues.
07:05 And so that's what happens.
07:06 11 out of 450?
07:08 Over 450 that I've written myself.
07:10 Senators should be so lucky.
07:12 Senator Booker?
07:13 I haven't been right 98%.