Republican Senator John Kennedy of Louisiana confronted Benjamin J. Cheeks, a nominee for the United States District Court for the Southern District of California, over his past writings on controversial topics during a Senate Judiciary Committee hearing.
Cheeks, currently a U.S. Magistrate Judge and criminal defense attorney, was nominated by President Joe Biden on October 23.
Kennedy questioned Cheeks about his past commentary on topics such as Black Lives Matter and the police.
During the hearing, Kennedy noted that Cheeks claimed earlier to Senator Dick Durbin of Illinois that he avoided taking positions in his writings.
“I see you’re quite a prolific writer and … you said you don’t — you don’t take a position in these articles,” Kennedy stated. Cheeks responded, “I said I tried not to take a position in most of my articles.”
Kennedy then referenced specific articles by Cheeks, including one written in the wake of George Floyd’s death. Quoting from one article, Kennedy read, “‘Needless to say I have a guarded opinion about the police. How do I teach my sons to respect them and fear them at the same time? There can be no question that police officers have some of these same internal or external biases.’” Kennedy emphasized Cheeks’ statement, “There can be no question that police officers, not some police, all police officers have some of these same internal or external biases.”
After reading the quote, Kennedy asked, “Did I read that correctly?” Cheeks confirmed he had.
Kennedy then shifted to a 2018 article in which Cheeks commented on the Trump administration’s “zero tolerance” policy for illegal entry into the United States.
Quoting from the article, Kennedy read, “‘Technically the law was broken, but these particular defendants, poor, hungry, hard-working and not dangerous, deserve a pass from prosecution.’”
Kennedy pressed Cheeks, asking, “Saying that illegal immigration should not be criminalized is a position, is it not?” Cheeks acknowledged that it was, but added, “Everything that I wrote, I wrote while I was an advocate, not a sitting judge.”
Cheeks emphasized that his role as a sitting magistrate judge required impartiality. “I no longer advocate,” he said.
Kennedy questioned Cheeks’ ability to separate his advocacy from his judicial role. “So you’re — so — so you — you don’t tell the truth when you’re an advocate, but you do when you’re not? Is it OK to lie if you’re an advocate?” Kennedy asked. Cheeks replied that he didn’t understand the question.
“I think it’s pretty clear and I think you follow it,” Kennedy said. He concluded the exchange by stating, “You’ve taken a lot of radical positions judge, and you can’t make this cat walk backwards. Now you can’t make this cat walk backwards.”
