At today's Senate Judiciary Committee hearing, an argument between Sen. John Kennedy (R-LA) called to appeal Sen. Laphonza Butler's (D-CA) ruling over his belief that she allowed a nominee to change her testimony.
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NewsTranscript
00:00 Madam Chair. I have a point of order, Madam Chair.
00:04 Yes, Senator Kennedy. Madam Chair,
00:09 with respect, you allowed the witness to go at length and to change her testimony
00:16 without her being subject to cross-examination.
00:20 Are you going to allow us to have a second round of questioning? No, no, Senator Kennedy.
00:28 What are you trying to cover up here? There is no cover-up and Mr. Padilla, Senator Padilla,
00:33 you'll be allowed the 30 seconds remaining. I want to appeal the ruling of the chair. Thank you. I'd like to hear the
00:38 responses from the team. Madam Chair, I have a point of order. I'd like to appeal the ruling of the chair.
00:43 Your point of order was offered and responded to and I... And I appeal the ruling of the chair and call for a roll call vote.
00:50 You allowed a witness, let me state my case, with respect,
00:55 you allowed a witness to go on for four or five minutes,
00:59 change her testimony
01:01 knowing full well that neither Senator Cruz nor I could cross-examine her about her perjury.
01:09 Senator Kennedy, would you allow the witnesses to finish responding to my question and then we can act on your request?
01:15 And I think we should have a second round. Senator Kennedy. And I am appealing the ruling of the chair.
01:22 Senator Kennedy, would you allow the witnesses to finish responding to my question and then we can respond to your request?
01:27 Senator Kennedy, I gave you a response to
01:31 your request of a second round of questioning. I have no intention on allowing a second round of questioning.
01:38 And I'm appealing your ruling. That is fine. There is no procedure that allows for a roll call.
01:43 There is no procedure for it that allows for a roll call vote in this committee. This is a hearing. I have the gavel.
01:50 I have responded to your request.
01:52 And I am going to return to Senator Kennedy's...
01:55 I will say I've never seen a chair try so hard to protect a witness and avoid
01:59 answering why she just lied on the stand with her own words, her own opinion.
02:04 Thank you so much for your request. It has been her, responded to Senator Padilla, your...
02:12 There will be no cross-examination. The witness shall be allowed to lie and no one will ask her to do it.
02:17 I think I have the floor. Your ruling is... You have been...
02:20 You asked for was there going to be another round of questioning.
02:23 When I'm raising the second point of order, your ruling is that we can't have a second round that the chair can allow a witness
02:29 after we're finished with cross-examination, go on at length, change her testimony,
02:34 potentially perjure herself. We're not allowed to cross-examine in a
02:40 second round of questioning, which we do all the time. The answer is no, Senator Kennedy.
02:45 You can't and you now ask for a roll call vote to appeal your ruling.
02:49 Madam Chair...
02:50 No, you cannot.
02:52 Madam Chair, point of personal privilege, please. Madam Chair, point of personal privilege.
02:56 Senator Hirono.
02:57 We have been witness to, literally witness badgering and now badgering of the chair. She has issued her ruling. There is no
03:04 appeal. Some of us would like to get on with this hearing.
03:08 I'm sure you would.
03:09 And to have to sit here and listen to all of you go off
03:13 time and time and time again, and I just want to commend this witness, this nominee, for her comportment because of what her
03:20 comportment says to me is that she is going to be a damn good judge. Can we get on with it, Madam Chair?
03:27 So does every Democrat senator want to cover up the facts here? Is any Democrat senator interested in the direct contribution from the witness?
03:33 Senator, we'll be returning to Senator Padilla's questioning or we will adjourn today's hearing.
03:38 You want to adjourn? Go ahead. You can do that.
03:41 Senator Padilla, I want to give you your 30 seconds.
03:43 You might as well because the questions are going to be are you more handsome or beautiful or brilliant.
03:49 Let's avoid the facts.
03:50 Madam Chair, what I would like is an opportunity for the two remaining witnesses to respond to my question.
03:56 And I would really like all members of the committee to pay them the respect they deserve and to let them finish.
04:05 Ms. Newman.
04:07 Thank you, Senator. I do agree with the premise of your question.
04:11 I did have the opportunity to complete two clerkships, one at the Vermont Supreme Court and one at the Second Circuit Court of Appeals.
04:18 When I was at the Second Circuit before Judge Peter Hall, I was his third slate of clerks, very beginning of his career.
04:27 And he discussed then and made it a point to try to attract and hire a very diverse set of law clerks in the broadest sense,
04:36 geographically diverse, from different schools, many who had had different careers before law school.
04:43 He felt that that really helped his decision making process.
04:47 And I hope if I'm so fortunate to be confirmed to do the same.
04:51 Thank you. Judge Valenzuela.
04:53 Thank you, Senator Padilla.
04:56 I agree with your statement and I agree with the comments of my colleagues.
05:01 The only thing I would add is that I think the mentoring component of that is very important.
05:08 And that's why for the past, I think, five years or so, I have served on the California Judges Association's Outreach Committee.
05:17 And I've strived through that committee to encourage and inspire the next generation of lawyers.
05:26 Thank you to all the nominees for your responses and again for your composure and your dignity.
05:33 And I will apologize to you for the decorum of some of my colleagues here today.
05:37 Thank you, Madam Chair.
05:38 Thank you so much, Senator Padilla.
05:40 Thank you to our nominees here.
05:43 If there are further questions that are going to be or would like to be offered, the deadline for submitting those is May 29th by 5 p.m.
05:53 Questions for the record will still be due to the nominees by that date and time.
05:58 The record will likewise remain open until that time to submit letters and similar materials.
06:04 Everyone, please plan accordingly.
06:06 With that, this hearing is adjourned.
06:08 (end)