Not a single ECPA question?http://talkingpointsmemo.com/livewire/trump-nominee-struggles-legal-questions …
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Replying to @OrinKerr
apparently only trial lawyers are qualified to be district court judges - I wish there was some standard for being in the House or Senate!!
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You don't have to be a trial lawyer, but you do have to know how to run a trial. He didn't even study. What questions did he think were going to be on the test?
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I thought those questions were fair game. At the same time, I don’t think I can recall a senator asking a district judge nominee those kinds of questions in a confirmation hearing.
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Because normally it would be insulting & clearly unnecessary?
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I didn’t know the answers to some of those questions. But if your view is that everyone knows the answers, then I’ll just be quiet about it.
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Well, not “everyone”— I didn’t either. But I’m not up for a seat on a federal court.
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And if he knew those questions were coming, he’d have all the right answers to all of them too. ( As will future nominees.) But if you think past nominees of both parties all would have passed that test, I think that’s not likely.
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Replying to @OrinKerr @normative and
Depends on what constitutes a pass. Would I have expected all nominees to recite the Daubert standard verbatim? No. But I would expect them to be able to say something like "It's the test used to ensure that an expert uses scientifically valid methods to reach reliable results."
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That was my take. This wasn’t a question that necessitated being able to get a 100 on a law school exam; it would have been enough to describe the underlying legal principle to a non-lawyer. That he clearly couldn’t attempt even that was jarring to me.
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