At today's Senate Judiciary Committee hearing, Sen. Marsha Blackburn (R-TN) questioned Kevin Gafford Ritz, nominee to be United States Circuit Judge for the Sixth Circuit, about his record.
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NewsTranscript
00:00 before the Supreme Court?
00:01 It was, and I want to be clear, I was not the person, you know,
00:04 arguing the case, but I was at council table that day.
00:07 Thank you.
00:09 Now recognize senators for five minutes of questioning.
00:11 The first senator is Senator Blackburn.
00:14 Thank you, Mr. Chairman.
00:16 Mr. Ritz, I will tell you, I have been so disappointed
00:19 as things have come through.
00:21 Senator Hagerty and I gave you the benefit of the doubt
00:24 for the US attorney, but we have heard from so many people
00:29 in West Tennessee of their frustration with you.
00:34 So when you look at this, how can criminal defendants
00:38 that come before you as a judge think you're going
00:40 to give them a fair shake?
00:42 How can attorneys that expect their clients to be treated
00:48 fairly in the courtroom expect that you're
00:53 going to behave ethically and not discredit them,
00:58 not discredit the attorneys?
01:00 Senator, in my career, 19 years, the only job I've had
01:04 as a lawyer is to represent the interests of the United States
01:08 and keep people safe in our state.
01:09 How about the people of Tennessee?
01:11 And we represent the people--
01:13 Because that should be a priority, too.
01:15 You referenced the previous allegation against you.
01:19 The court never addressed that because the attorney
01:22 withdrew from the case.
01:25 OK, let me ask you this.
01:26 You hired a number two, Reagan Taylor Fondren,
01:30 who received a year of probation for prosecutorial misconduct,
01:35 including unconstitutionally burying evidence
01:39 in misleading the court.
01:41 Why did you hire her, and what was the follow on with that?
01:45 Senator, our first assistant United States attorney,
01:48 I did not hire Ms. Fondren.
01:50 She has been a dedicated public servant her whole career.
01:54 I promoted her to be first assistant.
01:57 As with all of my USAs, I am proud of the work
02:00 that they do to uphold the rule of law and protect people.
02:03 Let's talk about the people of West Tennessee,
02:05 because your primary duty as a US attorney
02:08 is to keep the people of West Tennessee safe.
02:12 Memphis is more dangerous under your leadership,
02:15 and it's a direct result of your lax policies of not
02:20 prosecuting violent crime.
02:23 We know about the Lobley case, and we
02:28 know that he had been charged with four felonies,
02:32 including unlawful possession.
02:35 So the Shelby County DA has publicly
02:38 stated that the Lobley case was accepted
02:41 for federal prosecution.
02:44 Is that accurate?
02:45 Senator--
02:46 Yes or no?
02:47 Nine days before the tragic killing of Officer McKinney,
02:51 our office did accept that for potential federal prosecution.
02:55 We were diligently investigating that case.
02:57 Let's talk about this.
02:58 A prior US attorney brought 100% of prosecutable gun cases.
03:03 If you weren't in charge, Mr. Lobley
03:06 would have been behind bars.
03:10 I want to say, Senator, if I may,
03:11 I have no control over the state system.
03:14 Mr. Lobley had been arrested in the state system
03:16 and released on bond in the state.
03:18 For federal charges.
03:19 He was arrested--
03:20 Federal charges.
03:21 You and the DA have a difference of opinion on this.
03:25 Because he says he was accepted for federal prosecution.
03:30 And referenced for our consideration,
03:33 but we had not yet charged Mr. Lobley, Senator.
03:36 OK, so you were not moving at the pace of your predecessor.
03:40 Let me move on to sex offenders.
03:42 Because in May of last year, you stated, and I quote,
03:46 "Most convicted sex offenders who
03:48 live and work in West Tennessee are productive members
03:52 of the community."
03:54 What would you say to the families whose children's lives
03:57 have been ruined by sexual exploitation and abuse?
04:03 And how do you think that they feel knowing that the chief law
04:08 enforcement officer, their chief federal law enforcement
04:13 officer, believes that these sex abusers are
04:17 productive members of the community?
04:19 Senator, I don't believe I said that.
04:22 I'll provide you with a quote.
04:24 I'd be happy to respond in writing.
04:25 But I can tell you, Senator, we have an active--
04:28 You made that quote.
04:29 Let me move on, because if you'll respond in writing.
04:32 I wanted to raise the issue we talked about previously,
04:36 which is you removed the Tennessee flag from the US
04:42 attorney's office after you were sworn in.
04:45 And we have heard from several people that you did this.
04:53 So I want to know, you told me it
04:55 was because you thought the office was cluttered
04:58 that you removed the flag.
05:00 But you were there for the people of West Tennessee.
05:03 You removed the Tennessee flag.
05:05 So what did you do with it?
05:07 Did you throw it in the trash?
05:08 Did you put it in the closet?
05:11 Why did you not see your appointment
05:14 as having a duty to the people of West Tennessee?
05:18 As chief federal law enforcement officer, Senator,
05:22 I represent the United States and the Department of Justice.
05:25 And we're talking about the conference room
05:26 where we give press conferences and similar public statements.
05:30 And I felt it was fundamentally--
05:31 Mr. Ritz, that doesn't fly.
05:34 Mr. Chairman, I've got the sex abuse quote.
05:37 I'll submit it for the record.
05:38 Thank you, Mr. Chairman.
05:40 Mr. Ritz, you've been asked several questions,
05:44 but not given the chance to answer them.
05:46 Would you like to respond to any of the questions raised
05:49 by the senator?
05:51 I think I can't remember which one I was not able to answer.
05:56 At this time, I'm happy to move on.
05:59 All right.
06:00 Senator Butler.
06:02 Thank you so much, Mr. Ritz.
06:04 And congratulations--
06:04 Thank you, Senator.
06:05 --for being nominated.
06:08 And appreciating your family and supporters.
06:11 I know it takes all of us to make sure
06:14 that you have the opportunity to get to that.