Regular (and in some cases, even occasional) readers of this blog know that I’m not a fan of Louisiana’s junior senator, one John Neely Kennedy.
Kennedy has come off as some sort of hybrid offspring of Forrest Gump and Foghorn Leghorn more times than not in his attempts to establish himself as the Senate’s philosopher-in-residence.
But on Wednesday, he upstaged an obviously unqualified KATO CREWS, a Biden nominee for U.S. District Judge of Colorado.
And while Crews was exposed as one who is clearly not qualified for the position, his very nomination speaks more to Biden’s failure to vet his nominee than it does to Crews’s incompetence.
The exchange was a clear indictment of the Biden administration’s lack of proper background checks in sending someone so incompetent, so uninformed, and so ill-prepared to a Senate confirmation hearing. It also served as an understated example of Kennedy’s superior knowledge in this particular instance.
The Louisiana senator asked a simple, straightforward question of Crews: How would he analyze a Brady motion?
Crews, incredibly and incredulously, responded that he had not “had the occasion to address a Brady motion during his more than four years as a magistrate judge.
What!?
Not satisfied with that non-answer, Kennedy pressed forward, asking Crews if he even knew “what a Brady motion is.”
Crews (shamefully) admitted that the concept of the landmark case was “not coming to mind” since he had never before addressed the issue.
Kennedy then asked if Crews remembered the U.S. Supreme Court case Brady v. Maryland and what the case held.
Rather than admit that he did not, Crews instead tried to bluff his way through the question when he said, “I believe that the Brady case involved something regarding the Second Amendment. I have not had an occasion to address that,” he added as if that lame excuse would compensate for his not knowing what any first-year law student should know by rote.
A Brady motion is the legal concept which holds that the prosecution must hand over any potentially favorable (exculpatory) evidence to the defense. Hell, that concept was the very centerpiece of My Cousin Vinny, a classic Joe Pesci movie.
Several Louisiana defendants have been convicted – and subsequently exonerated – as the result of prosecutors withholding exculpatory evidence from the defense and any nominee for a federal judgeship – or in Louisiana, a candidate for any state judgeship, all of which are elective – should know a Brady motion backwards and forward.
Crews should do the right thing and withdraw his name from consideration. If not, Biden should do it for him.
And while Kennedy on the whole has been an embarrassment for the state, in this particular case, he performed a valuable service and it would be negligent not to say so. Biden, on the other hand, should rightfully feel ashamed at his administration’s lack of follow-through.
Louisiana Voice 
I am so happy you wrote this. I can’t stand Kennedy. But, even a broken clock is right twice a day.
That’s what happens when you nominate people because they check off certain boxes.
Kennedy gets a bravo, but never from me. Every one knew the nominee was a zero, Kennedy saw another chance to show off. I wonder where were his oratory skills when Trump was trying to kill our Democracy????ron thompson
Kennedy’s questioning illustrates the fact he could make a positive contribution to governance if he wanted to but he’d rather pander to the ill-informed voters he needs to keep his cushy job. On a different subject thanks for keeping the comments section open to readers as both The Advocate and WBRZ have disabled comments on their sites. That’s what all of social media will look like if the paranoid right ever realizes its dream of repealing Section 230. Why should sites bother moderating content or risking a lawsuit? Easier to prevent users from posting or banning them altogether.
So, Senator John Kennedy. Love him when appropriate. The man has changed political party in the past, Democrat to Republican. Ever ask the question why?? Hell, even Francis Thompson, a throwback EWE era Democrat, has switched to the Republican Party. Wake up Democrats…….
Well, gee. I get accused of never taking on a Democrat or giving credit to Republicans but when I do, I still get criticized.
And by the way, when one changes parties it’s just a matter of political expedience (ala John Alario, Kennedy and Thompson), it really doesn’t have anything to do with principals. It’s always about power.
Mr. Tom, I enjoy your blog thoroughly. I also purchased your book regarding the Louisiana sheriffs. Great read. I am 42 years old, college educated(Nicholls State University,) and fascinated with state politics. I just fundamentally do not agree with the philosophy of the Democrat party as it stands today.
And you, sir, come across as someone I could sit down with and enjoy a civilized conversation over a cold beer – despite our obvious differences in political philosophies. I have never been opposed to, and in fact encourage, respectful political discourse and a healthy exchange of ideas. It is the bigoted, crude, and narrow-minded trolls who bring nothing to the table whom I cannot abide. They contribute only poorly-framed, sadly misinformed insults and even threats, but no solutions and that is the most discouraging and disheartening aspect of writing this blog.
Comments like yours, though in disagreement with what I write, are a welcome relief from the thoughtless rhetoric and incoherent ramblings of the fringe element.
Thompson is no more a Republican than John Alario or other former Democrats who changed parties based on political expedience. You say you are 42 years old. Well, I am 67 years old and I worked with Alario and Thompson when they were Democrats. So as Tom said, it has nothing to do with principals. Thompson’s seniority in the Democratic party had allowed him to be in the room when the major decisions were made. With the Legislature shifting to the right, he was no longer in the room. Now he will be or he is trying to earn the right to be in the room.
My greatest disappointment in Buddy Roemer was when he allowed the power brokers to convince him the best way to be re-elected was to switch parties since the tide was distinctly turning. Buddy and EWE were the most intelligent governors with whom I ever dealt and Buddy’s term taught me how vicious politics really can be – and, in the age of absolute freedom to lie, it has become much more so.
I agree with Ron, Paul, and Clifford and I believe John Alario was the most effective Louisiana legislator ever. I often wished he had run for governor – but I guess he had/has better sense than to put himself in the wood chipper.
Well done article!