Credit: Forbes YouTube screenshot
Sen. John Kennedy (R-Los Angeles) is a national treasure with a sharp wit and a dry sense of humor. He has demonstrated these talents throughout his time in the Senate, whether by beating down unqualified Biden nominees or in interviews with reporters.
Kennedy's intelligence was on display again on Wednesday when he questioned Robin M. Meriwether, who currently serves as a federal judge on the US District Court for the District of Columbia, appeared before the Senate Judiciary Committee. Joe Biden nominated her to be a judge on the Court of Federal Claims earlier this month.
Kennedy exposed Meriwether's utter lack of qualifications during his investigation. He started by forcing her to admit it never He argued one case before the Court of Federal Claims after several attempts.
Then things got worse for Meriwether. I bombarded two basic questions that a law student can answer. The first is the reasons for granting a new trial, and the second is to determine the plea agreement. After much prodding from Kennedy, she could only cite one reason out of at least six for granting a new trial, and the second question left her completely puzzled.
This six-minute interrogation was completely mismatched.
He watches:
text:
Kennedy: How many claims have you argued in the Court of Federal Claims?
Meriwether: I have argued hundreds of cases involving complex civil litigation in numerous courts. The Court of Federal Claims is not one of those courts.
KENNEDY: Okay, so the answer is zero?
Meriwether: That's right, Senator.
KENNEDY: Well, how many cases have you tried in the Court of Federal Claims?
Meriwether: I filed a civil suit in the District Court for the District of Columbia; “Most of my cases have been resolved on motions, and none of these cases have been in the Court of Federal Claims, even though they involve similarly complex matters under civil laws,” Meriwether explained.
KENNEDY: So the answer is zero?
Meriwether: That's right, Senator.
KENNEDY: Tell me your reasons for granting a new trial in the Court of Federal Claims.
Meriwether: All trials in the Court of Federal Claims are bench trials and the Court of Federal Claims, although not bound by the Federal Rules of Civil Procedure, has its rules to reflect those rules when appropriate. So I understand that the same rules that would apply in district court also apply in this context, but if a motion for a new trial is filed, will I be confirmed as a judge in the Court of Federal Claims? Of course, check the rules of court, Court of Federal Claims.
KENNEDY: So what are the grounds for granting a new trial?
Meriwether: My understanding is that with any new experience, you're going to have to stick to established rules.
Kennedy: I know, but what is it? what are the reasons? You said the rules are similar for the Court of Federal Claims and Federal District Court. I'm not sure how accurate that is, but just tell me, what are the grounds for granting a new trial in the Court of Federal Claims?
Meriwether: Senator, this is not a matter that I have had the opportunity to consider before, despite my extensive civil experience and my knowledge not only of the Federal Rules of Civil Procedure but I have also reviewed the Rules of the Court of Federal Claims. But if I were to be asked that question, if I were confirmed, I would go back to the rules and follow the precedent.
KENNEDY: Well, let me be sure, Judge, I understand your testimony. Can you tell me one reason for granting a new trial in either the federal district courts or the Court of Federal Claims as we sit here today? Kennedy asked again.
Meriwether: Yes, if you misapply the law, if there is a gross misapplication of the law, certainly one of the litigants will demand a new trial…”
KENNEDY: Is there anything else? There's like six or seven of them. Can you tell me anyone else?
Meriwether: Trials are very rare in the civil context, and I, although I presided over preliminary trials and a jury trial, was never offered any motion for a new trial, so I did not…
KENNEDY: Well, well, what's an adhesion contract?
Meriwether: Senator, I'm familiar with contract law and the concept of contracts of adhesion.
KENNEDY: Yeah, you'll see a lot of that; This is what the Federal Court of Federal Claims does. What is an adhesion contract?
Meriwether: Senator, the Court of Federal Claims handles a lot of procurement cases, which are often based on interpretations…
Kennedy: Yes, ma'am, but we're running out of time. What is an adhesion contract? If you don't know, just tell me.
Meriwether: Senator, despite my extensive civil experience, including dozens of cases involving contract issues, I have not addressed the question of what an adhesion contract is, but if it were offered to me, I would…
KENNEDY: Sure, you'll look for it.
According to Cornell Law School, an adhesion contract exists “if the parties have such disproportionate bargaining power that the party with the weaker bargaining power cannot negotiate changes to the terms of the adhesion contract.” Cornell Law goes on to note that these contracts are generally used in matters relating to insurance, rents, bonds, mortgages, automobile purchases, and other forms of consumer credit.
Biden's nominees to the federal court would be laughable if the consequences weren't so dire. Remember, these leftist morons will spend their lives legislating from the bench and making a complete mockery of the Constitution in the process.
