Uh Mr. chairman want to echo the comments of senator lee about dale ho you know senator lee went through uh erudite constitutional history of this country laying out the problems with.Mr. ho m going to talk about something more fundamental everyone in this committee knows the sorts of people that should be judges we know the temperament that we expect of judges and everyone on this committee knows dale ho doesn't have that temperament you know will confess to some frustration sitting here because whatever say whatever senator lee says whatever any other republican says not going to matter every democrat on this committee is going to vote for this nominee as you have for every radical nominee that the administration has put forward whether it was the number three position at the department of justice one of the leading advocates for abolishing the police whether it was the head of the civil rights division one of the leading advocates for polishing the police whether it was a district attorney who refused to prosecute the law and issued a memo instructing her prosecutors not to prosecute violent crime we now see violent crime and homicide skyrocketing across the country and yet it doesn't matter what we say every democrat just will commend the democratic senators for party discipline we even saw last week 44 democrats willing to filibuster to prevent sanctions on mind the irony that this is simultaneously while democrats are giving speeches calling the filibuster a crow relic while they're filibustering which is a level of gymnastic flexibility remarkable even for the doing it simultaneously but when it comes and would by the way in the previous administration we had a republican administration republicans in the senate rejected numerous nominees if there were concerns with nominees there are members of this committee they're members of the senate who said no democrats don't say no it doesn't matter what wild-eyed loon this white house nominates like lemmings democratic senators vote for him and by the way when say wild eyed loon you would think that's some hyperbole well can tell you how Mr. hoe describes himself he didn't quite say wild ad loon he described himself as a quote wild-eyed leftist that's his own self-assessment not only that here's what he wrote in his church newsletter quote dale do you do what you do because you want to help people that'd be good or because you hate conservatives and here's his answer anger can in fact be a tremendous source of power now want you to pretend for a second that you're a New Yorker who's a conservative they do actually exist they they they may be in witness protection they do actually exist you're a conservative in Network you find yourself in judge ho's courtroom someone who describes himself he writes in his church newspaper how much he hates conservatives are you going to get a fair shake look the senate is a place where the shoe is always on the other foot turnabout's fair play 'm just going to ask democrats here to think for a second how you would feel for a pub if a republican president nominated someone to be a judge who describes his motivation is that he hates liberals how would you feel if you appeared as a lawyer in a courtroom of a judge who says hate liberals and not only that that anger is his source of motivation would you expect a fair shake you know all of us have known lawyers who want to be judges we've all known lawyers who've spent years hoping to be a judge trying to build the kind of career where they could be nominated to be a judge admit feel kind of offended that got left out of his insults apparent apparently m not doing my job well enough don't know of another nominee to this committee who has gone out of his way to personally insult as many members of this committee that's extraordinary you know what that isn't that isn't a lawyer who's hoping to be a judge who's trying to live a careful life who's trying to be buttoned down trying to avoid the sorts of things that are bad to confirmation you know what the frustrating thing as say this is not a democrat on this committee cares at all in just a few minutes you're all like going to go yeah and the turnaround there'll be another republican president and just wait and see hope it doesn't happen you may see a judicial nominee who's personally insulted and ridiculed three four five six democratic members of this committee by name just a year or two before they were nominated will that piss you off it actually would hope the republicans on this committee would show enough dedication to principal to exercise and consent don't understand why democrats don't do that look the republicans in the senate are very proud of the judges that were nominated and confirmed to the court but when there were people who were concerned everyone in this committee remembers withering cross-examination of the poor fellow in this committee that it will be taught in confirmation schools a hundred years from now not to go through that is there even one democrat willing to say to anyone how about the guy that describes himself as a wild-eyed leftist who is motivated by his hatred for conservatives and demonstrates it by going of his way to insult multiple conservatives on this committee that'd be a good place to start promise you won't be excluded from the democratic club when you go party at night the senate has to have an actual independent voice and not be a rubber stamp for radicals and do know that members who serve on this committee at least when you say yes to serving on this committee part of it is because you believe in the importance of an independent judiciary you believe in the importance of judges that have judicial temperament that will be fair that will give you a fair shake whether they are of your political stripe or the opposite just ask you again how would you feel about appearing as a lawyer or even worse as a litigant as a party how would you feel as a criminal defendant in a courtroom where the judge in black robes has said he hates liberals and he also said that righteous indignation can provide a sense of moral clarity you know don't want my judges with righteous indignation having a sense of moral clarity and deciding that half of the country needs to be punished you're comfortable with that because you don't describe yourselves as conservatives you know what a judge is supposed to be fair to everyone so ask you would you feel you would get a fair shake from a judge who said hate liberals that righteous indignation gives me clarity that anger can be a tremendous source of power okay judge that's not how our judiciary's supposed to work thank you senator like to enter into a record letter from Robert smith dated November 24th of 2021. Mr. smith in that letter describes himself as a man who served as judge of the court of the state's highest court from 2004 to 2014. And 2007 we've remained in touch since then Mr. smith says was appointed to the bench by a republican governor and often considered as a conservative judge he writes dale hoe is his career path makes clear has strong progressive convention convictions this could easily have made for some tension in our chambers it did because dale was shy in expressing his views but because he knew how to do so appropriately and respectfully
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