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Fox News
Fox News
22 Mar 2023


After stumbling over the answer, Kennedy, R-La., asked Crews if he knew "what a Brady motion is."

BIDEN JUDICIAL NOMINEE REFUSES TO SAY WHETHER RACIAL DISCRIMINATION IS WRONG

Sen. John Kennedy, R-La.

Sen. John Kennedy, R-La. (Fox News)

Crews, who currently serves as a magistrate judge, admitted that the concept was "not coming to mind" as a result of never having addressed the issue before, prompting Kennedy to ask if Crews remembered the Supreme Court case Brady v. Maryland and what the case held.

"I believe that the Brady case involved something regarding the Second Amendment," Crews responded. "I have not had an occasion to address that."

A Brady motion is a legal concept that came as a result of the landmark Brady v. Maryland Supreme Court decision in 1963, which held that the prosecution must hand over potentially favorable evidence to the defense.

U.S. District Court judge nominee Kato Crews, left, and Sen. John Kennedy, R-La.

U.S. District Court judge nominee Kato Crews, left, and Sen. John Kennedy, R-La. (Nathan Howard / Bloomberg | Mandel Ngan / AFP / Bloomberg)

BIDEN SUPREME COURT FRONT-RUNNER KETANJI BROWN JACKSON FACES SCRUTINY FOR OVERTURNED DECISIONS

The exchange was the second time this year Kennedy stumped a Biden judicial nominee during confirmation hearings, coming less than two months after the Louisiana senator quizzed Spokane County Superior Court Judge Charnelle Bjelkengren on Article V of the Constitution.

"Tell me what Article V of the Constitution does," Kennedy asked Bjelkengren at that hearing.

"Article V is not coming to mind at the moment," Bjelkengren responded.

President Joe Biden

President Joe Biden (Alex Wong / Getty Images / File)

Kennedy then asked Bjelkengren about Article II, with the nominee again responding that the article did not come to mind.

Crews has served on the bench in his current role since 2018.

Michael Lee is a writer at Fox News. Follow him on Twitter @UAMichaelLee