I hate gotcha moments but wow, you gotta watch district court nominate (and current magistrate judge) Kato Crews bomb this question about Brady v. Maryland.
There are so few trials that *judges* do not even know what Brady is. This is a magistrate judge, who hears discovery disputes among the parties… and who is also supposed to order disclosure of Brady material at arraignment per Rule 5.
And he’s been nominated to the district bench. Ouch.
Here’s the story about the nominee, Kato Crews.
And here’s a video of the exchange
Yep, he's presided over 6 trials in five years as a federal magistrate. I understand magistrates try fewer cases, but that is really striking.
ReplyDeleteIt's because of the open file discovery practices of the feds. No need for Brady motions anymore.
ReplyDeleteThe number of cases he's tried is irrelevant. Magistrate Judges cannot try felony criminal cases. If the DJ doesn't refer a Brady motion to him, he would never see.
ReplyDeleteThe most confusing part of this is he should be at least aware of Brady because of the admonition he must give prosecutors under Rule 5.
Meanwhile we can't get any of of judge slots filled. Democrats in disarray as usual.
Brady v Maryland is right up there with Marbury v Madison. Every law sutdent leanrs this in 1L. Hey, this guy may be a legal lightweight and unqualified to be a federal judge but he satisfies the diversity requirement and these days, that is all that matters.
ReplyDeleteI guess there's no basic training for the magistrate bench.
ReplyDeleteGotta love the not so subtle racism of 10:14
ReplyDeleteThe problem isn't that he didn't know what Brady is. The problem is that he couldn't just answer honestly that he didn't know.
ReplyDeleteI don't think that's the problem. He seemed not to know. I believe he was thinking of the "Brady Bill" gun law that does involve the 2nd amendment broadly speaking. In my opinion he was trying to answer not being dishonest.
ReplyDeleteThe diversity remark is plainly racist. Also if you think Marbury and Brady are on the same level, you're the one who's the "legal lightweight." Our whole system of judicial review is based on Marbury while Brady, although an important and critical decision, only a portion of the court's work.
ReplyDeleteUh…both champion the constitution. How is that less meaningfully than say…Fibeon, you know, the case about a right to subpoena witnesses? Or, Tan, the case about ending segregation? Idiot repooblicites. You wonder why people think that one day you are going to try and overrule Doe.
ReplyDeleteBiden should nominate him to be US Attorney for the District of Colorado. He knows everything he needs to know for that position.
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