1 00:00:03,200 --> 00:00:23,200 Speaker 1: This is Bloomberg Law with June Brussel from Bloomberg Radio 2 00:00:11,280 --> 00:00:34,680 Speaker 1: Complete Chaos at the Capitol on January sixth, amateur historians 3 00:00:34,720 --> 00:00:38,199 Speaker 1: of the Kennedy assassination only had twenty six seconds of 4 00:00:38,240 --> 00:00:41,520 Speaker 1: the sub Bruder film to study. What a motley assortment 5 00:00:41,560 --> 00:00:45,120 Speaker 1: of Internet sleuths have reams of footage from January six 6 00:00:45,200 --> 00:00:50,360 Speaker 1: to analyze. They call themselves the sedition Hunters, a community 7 00:00:50,400 --> 00:00:54,560 Speaker 1: of ordinary people turned Internet sleuths who've spent hundreds of 8 00:00:54,600 --> 00:00:59,680 Speaker 1: hours examining the videos, sharing cross referencing, and dissecting information 9 00:00:59,720 --> 00:01:03,040 Speaker 1: on Twitter or in private group jets to bolster the 10 00:01:03,160 --> 00:01:07,200 Speaker 1: FBI's official inquiry. Joining me is Bloomberg Legal reporter David 11 00:01:07,280 --> 00:01:11,080 Speaker 1: Yaffee Bellini. David tell us a little about Chris Siggerson. So, 12 00:01:11,160 --> 00:01:13,800 Speaker 1: Chris Stoherson is an out of work actor in Canada. 13 00:01:13,840 --> 00:01:16,240 Speaker 1: I think, like a lot of people during the pandemic, 14 00:01:16,360 --> 00:01:19,280 Speaker 1: he struggled to find full time work, kind of trying 15 00:01:19,280 --> 00:01:21,920 Speaker 1: to figure out what to do. He adopted a lot 16 00:01:21,920 --> 00:01:25,160 Speaker 1: of the common pandemic pastimes, like making sour dough bread 17 00:01:25,240 --> 00:01:27,560 Speaker 1: and renovating his house and that kind of thing to 18 00:01:27,600 --> 00:01:30,240 Speaker 1: try to kill time. Then we get to January six, 19 00:01:30,360 --> 00:01:32,360 Speaker 1: and like so many people around the world, he's just 20 00:01:32,440 --> 00:01:36,200 Speaker 1: transfixed by what's happening at the Capitol, appalled, outraged, and 21 00:01:36,280 --> 00:01:39,520 Speaker 1: also sort of curious and wants to learn more about 22 00:01:39,560 --> 00:01:41,840 Speaker 1: what had happened and what the origins of it were. 23 00:01:42,080 --> 00:01:44,760 Speaker 1: So pretty early on in the weeks after January six, 24 00:01:45,000 --> 00:01:49,040 Speaker 1: Chris Sigerson joined a kind of sort of loose network 25 00:01:49,160 --> 00:01:53,000 Speaker 1: of people who soon labeled themselves sedition hunters, and what 26 00:01:53,080 --> 00:01:56,920 Speaker 1: they did basically was sort through the reams of footage 27 00:01:57,120 --> 00:02:00,280 Speaker 1: and photographs that emerged from the Capitol riot to try 28 00:02:00,320 --> 00:02:03,320 Speaker 1: to figure out who was there and what those people did. 29 00:02:03,440 --> 00:02:06,640 Speaker 1: So the simplest form of that was just identifications. You know, 30 00:02:06,760 --> 00:02:10,480 Speaker 1: here are three different crowd photos, and look, I've identified 31 00:02:10,560 --> 00:02:12,400 Speaker 1: the same person in each of the shots. So it's 32 00:02:12,480 --> 00:02:14,800 Speaker 1: clear that originally they were just part of the Capital 33 00:02:14,800 --> 00:02:16,919 Speaker 1: and then they broke through these doors and they were 34 00:02:16,919 --> 00:02:18,720 Speaker 1: in the main verse. And that that's the type of 35 00:02:18,720 --> 00:02:21,679 Speaker 1: work that these people were doing. And in some cases 36 00:02:21,840 --> 00:02:24,280 Speaker 1: they'd share their work publicly on Twitter, and other cases 37 00:02:24,320 --> 00:02:26,799 Speaker 1: they send it straight to the SBI or to investigative 38 00:02:26,840 --> 00:02:29,120 Speaker 1: journalists who are looking into the riot. And that was 39 00:02:29,160 --> 00:02:32,000 Speaker 1: the kind of initial wave of activism from these groups 40 00:02:32,280 --> 00:02:35,600 Speaker 1: where people arrested because of this information they found. Yeah, 41 00:02:35,639 --> 00:02:37,560 Speaker 1: I mean the way I became aware of these addition 42 00:02:37,680 --> 00:02:39,520 Speaker 1: hunting efforts is that I spent a lot of my 43 00:02:39,639 --> 00:02:42,880 Speaker 1: day reading through the arrest affidavits that are released every 44 00:02:42,919 --> 00:02:46,560 Speaker 1: time of Capital rioters is charged in federal court in Washington, 45 00:02:46,800 --> 00:02:50,040 Speaker 1: and so I started to notice these references to online 46 00:02:50,040 --> 00:02:52,600 Speaker 1: sedition hunting efforts. And that's because the sets were giving 47 00:02:52,600 --> 00:02:55,720 Speaker 1: credit to these online flutes, saying you know, look, this 48 00:02:55,800 --> 00:02:59,120 Speaker 1: person identified these three photos of the same guy and 49 00:02:59,200 --> 00:03:01,560 Speaker 1: in the red mack a hat who entered the capital, 50 00:03:01,880 --> 00:03:05,520 Speaker 1: and that allowed us to build up enough evidence to 51 00:03:05,600 --> 00:03:09,000 Speaker 1: arrest him. And so, yeah, they've been really amazingly successful 52 00:03:09,320 --> 00:03:12,400 Speaker 1: in kind of achieving concrete results. Is the FBI using 53 00:03:12,440 --> 00:03:15,880 Speaker 1: the footage that these sedition hunters are isolating. Yeah, and 54 00:03:15,919 --> 00:03:18,560 Speaker 1: in some cases there were images that were isolated by 55 00:03:18,560 --> 00:03:20,720 Speaker 1: the stition hunters that have been used by the FBI. 56 00:03:21,200 --> 00:03:23,640 Speaker 1: In other cases, the FBI will release a really clear 57 00:03:23,639 --> 00:03:26,600 Speaker 1: image of somebody in the sgian hunters will identify that 58 00:03:26,680 --> 00:03:29,200 Speaker 1: person in other videos and say, oh, look, you know 59 00:03:29,320 --> 00:03:32,520 Speaker 1: that person who you photographed walking into the Capitol was 60 00:03:32,560 --> 00:03:35,400 Speaker 1: also in this group that was spraying police officers. That 61 00:03:35,520 --> 00:03:37,520 Speaker 1: was the type of thing that these sort of slews 62 00:03:37,560 --> 00:03:39,920 Speaker 1: were trying to figure out. And since then, that's it's 63 00:03:39,920 --> 00:03:42,680 Speaker 1: evolved in the kind of more ambitious projects. I mean, 64 00:03:42,680 --> 00:03:44,960 Speaker 1: there are still people out there who yet to be identified, 65 00:03:44,960 --> 00:03:47,600 Speaker 1: and they're still online position hunters working on that. But 66 00:03:47,680 --> 00:03:50,960 Speaker 1: you've also got people who, having court through hundreds of 67 00:03:50,960 --> 00:03:53,800 Speaker 1: hours of footage over the course of months, are now 68 00:03:53,960 --> 00:03:56,520 Speaker 1: trying to figure out, like, what did this particular group 69 00:03:56,600 --> 00:03:59,240 Speaker 1: of Proud Boys do at the Capitol? Were they mobilizing 70 00:03:59,280 --> 00:04:02,440 Speaker 1: in a certain way block exits and prevent people from escaping. 71 00:04:02,480 --> 00:04:04,960 Speaker 1: Could that be a sign of coordination and planning, and 72 00:04:05,160 --> 00:04:08,880 Speaker 1: can I build a broader narrative about what did that 73 00:04:08,920 --> 00:04:11,600 Speaker 1: could help the FBI charge them with something more serious 74 00:04:11,640 --> 00:04:14,200 Speaker 1: like conspiracy. That's the type of work that's happening now. 75 00:04:14,600 --> 00:04:17,719 Speaker 1: Are they doing it because they like being amateur sleuths 76 00:04:17,960 --> 00:04:20,839 Speaker 1: or do they have deeper reasons? I think you've got 77 00:04:20,839 --> 00:04:23,599 Speaker 1: a mixture of motivation that there are certainly people who 78 00:04:23,839 --> 00:04:26,159 Speaker 1: just felt a kind of righteous outrage when they saw 79 00:04:26,200 --> 00:04:28,640 Speaker 1: the video of the storming of the capital in January 80 00:04:28,680 --> 00:04:31,520 Speaker 1: six and who just wanted to contribute to some effort 81 00:04:31,560 --> 00:04:33,800 Speaker 1: to hold people responsibles who felt like they had a 82 00:04:33,880 --> 00:04:37,400 Speaker 1: kind of civic obligation to help out. And there's a feeling, 83 00:04:37,839 --> 00:04:41,440 Speaker 1: especially now that Republicans and Congress have blocked the formation 84 00:04:41,560 --> 00:04:46,080 Speaker 1: of an independent bipartisan commission to investigate the capital riots, 85 00:04:46,480 --> 00:04:48,640 Speaker 1: that this might be one of the only ways to 86 00:04:48,680 --> 00:04:52,479 Speaker 1: hold people responsible. These sorts of informal techniques. Then there 87 00:04:52,520 --> 00:04:55,080 Speaker 1: are people who are just really fascinated on kind of 88 00:04:55,080 --> 00:04:58,360 Speaker 1: a nerdy level by the technical challenges of sorting through 89 00:04:58,360 --> 00:05:01,440 Speaker 1: all this stuff. You know, how to you organize hundreds 90 00:05:01,440 --> 00:05:03,919 Speaker 1: of hours of footage so it's easily searchable. How do 91 00:05:03,960 --> 00:05:06,919 Speaker 1: you create a database of these images so that people 92 00:05:06,920 --> 00:05:09,919 Speaker 1: who are doing those more complicated projects have somewhere to go? 93 00:05:10,520 --> 00:05:13,680 Speaker 1: You know, how do you mobilize these disparate efforts and 94 00:05:13,760 --> 00:05:16,520 Speaker 1: kind of channeled onto something really productive. So there are people, 95 00:05:16,520 --> 00:05:18,479 Speaker 1: I think who were drawn to it for that reason. Then, 96 00:05:18,560 --> 00:05:20,599 Speaker 1: you know, I think the pandemic played a role as well. 97 00:05:20,720 --> 00:05:23,240 Speaker 1: Like I was saying with Chris Dickerson, people had more 98 00:05:23,279 --> 00:05:25,440 Speaker 1: time on their hands, they might be out of work, 99 00:05:25,440 --> 00:05:27,680 Speaker 1: and they were able to dedicate times they wouldn't have 100 00:05:27,760 --> 00:05:31,160 Speaker 1: been in an ordinary year. That resorted efforts, so it's 101 00:05:31,160 --> 00:05:33,160 Speaker 1: really been a kind of wide range of things that's 102 00:05:33,160 --> 00:05:36,479 Speaker 1: sort of fueling the sedition hunting and some websites have 103 00:05:36,640 --> 00:05:41,240 Speaker 1: popped up, like sedition hunters dot org and jan six 104 00:05:41,440 --> 00:05:45,000 Speaker 1: Evidence dot com, and they have a lot of information. 105 00:05:45,680 --> 00:05:51,120 Speaker 1: They're well designed and often feature pretty complex and sophisticated tools. 106 00:05:51,200 --> 00:05:54,279 Speaker 1: I mean, one of these websites has a map where 107 00:05:54,320 --> 00:05:57,839 Speaker 1: basically fits of video footage have been matched with specific 108 00:05:57,880 --> 00:06:01,080 Speaker 1: GPS coordinates around the capital, so you can, you know, 109 00:06:01,200 --> 00:06:04,599 Speaker 1: navigate to the east side of the capital and locate 110 00:06:04,640 --> 00:06:07,360 Speaker 1: all the footage that was taken in that geographic area. 111 00:06:07,680 --> 00:06:09,560 Speaker 1: And one of the people I talked to is working 112 00:06:09,560 --> 00:06:11,719 Speaker 1: on a due feature for that map which would enable 113 00:06:12,240 --> 00:06:15,400 Speaker 1: users to sort of plug in new video as they 114 00:06:15,440 --> 00:06:17,840 Speaker 1: find it. To think it's moderated so that this map 115 00:06:17,960 --> 00:06:22,080 Speaker 1: is a kind of crowdsource thing that's constantly growing. Um 116 00:06:22,120 --> 00:06:24,839 Speaker 1: there's also a website that has the Facial Recognition Database 117 00:06:24,839 --> 00:06:27,160 Speaker 1: where you can drag and drop a photo and then 118 00:06:27,160 --> 00:06:30,320 Speaker 1: it will turn off other photos taken on January six 119 00:06:30,400 --> 00:06:32,640 Speaker 1: that appear to feature the same people, kind of allowing 120 00:06:32,640 --> 00:06:35,479 Speaker 1: you to do that cross referencing work that would otherwise 121 00:06:35,520 --> 00:06:38,400 Speaker 1: be pretty strenuous and time consuming. There is also a 122 00:06:38,400 --> 00:06:41,560 Speaker 1: website that had a kind of gallery of the suspects 123 00:06:41,560 --> 00:06:45,160 Speaker 1: with the best possible photos of to them, with hashtags 124 00:06:45,240 --> 00:06:48,200 Speaker 1: that identify them, that make it easy for people in 125 00:06:48,240 --> 00:06:50,960 Speaker 1: the online discourse to have the same sort of set 126 00:06:50,960 --> 00:06:53,680 Speaker 1: of reference and say, you know, oh look it's hashtag 127 00:06:53,760 --> 00:06:56,520 Speaker 1: red maga guy who's here? And even this other photo 128 00:06:56,640 --> 00:07:01,000 Speaker 1: as well. There have been some mistakes and false steps 129 00:07:01,120 --> 00:07:04,840 Speaker 1: made by the sedition hunters. Yes, there are major potential 130 00:07:04,839 --> 00:07:07,280 Speaker 1: tip faults with any crowdsourcing effort like this. If you 131 00:07:07,320 --> 00:07:10,000 Speaker 1: think back to the Boston Marathon bombing, when Reddit users 132 00:07:10,080 --> 00:07:14,160 Speaker 1: misidentified a suspect, that's the sort of risk the doubt 133 00:07:14,200 --> 00:07:18,800 Speaker 1: there when you have untrained, essentially vigilantes conducting the sort 134 00:07:18,840 --> 00:07:21,720 Speaker 1: of work in public. And so, yes, there was a 135 00:07:21,760 --> 00:07:26,680 Speaker 1: retired firefighter from Chicago who was falsely accused online of 136 00:07:26,720 --> 00:07:29,559 Speaker 1: participating in the riot. Actually he's hundreds of miles away 137 00:07:29,600 --> 00:07:32,920 Speaker 1: doing nothing. That's the type Chuck Norris was falsely accused 138 00:07:32,920 --> 00:07:35,000 Speaker 1: of being there as well. But I think for the 139 00:07:35,040 --> 00:07:37,160 Speaker 1: most part, these groups have done a pretty good job 140 00:07:37,320 --> 00:07:41,240 Speaker 1: of limiting the amount of misidentification that goes on, and 141 00:07:41,280 --> 00:07:44,080 Speaker 1: that's partly because they've learned from situations with the Boston 142 00:07:44,120 --> 00:07:46,760 Speaker 1: marathon bombing, and these sorts of efforts have matured over 143 00:07:46,800 --> 00:07:49,320 Speaker 1: the last decade. So you have major Twitter accounts that 144 00:07:49,320 --> 00:07:52,400 Speaker 1: are organizing and mobilizing these efforts, saying to their followers, 145 00:07:52,440 --> 00:07:55,720 Speaker 1: don't identify anybody publicly. You can refer to them by 146 00:07:55,720 --> 00:07:58,520 Speaker 1: their hashtags. That everybody in the community knows who you're 147 00:07:58,520 --> 00:08:00,880 Speaker 1: talking about. Is that you can lay both different photos 148 00:08:00,880 --> 00:08:03,480 Speaker 1: that's featuring the same person. But once you think you've 149 00:08:03,480 --> 00:08:06,400 Speaker 1: identified this person by name, and send that information to 150 00:08:06,760 --> 00:08:10,000 Speaker 1: the FBI or to an investigative journalists, to somebody who 151 00:08:10,000 --> 00:08:12,760 Speaker 1: think do the final work of fact checking. And you know, 152 00:08:12,840 --> 00:08:14,600 Speaker 1: for the most parts of these groups have stuck to that. 153 00:08:14,840 --> 00:08:17,680 Speaker 1: But look, it's an expansive network of people, some of 154 00:08:17,720 --> 00:08:20,559 Speaker 1: whom were untrained, and you can't control everybody or stop 155 00:08:20,600 --> 00:08:23,400 Speaker 1: people from breaking the rules, and some of them, maybe 156 00:08:23,400 --> 00:08:27,240 Speaker 1: all of them, have fears themselves of being identified. Explain 157 00:08:27,320 --> 00:08:30,040 Speaker 1: why a lot of people got into this, not for 158 00:08:30,200 --> 00:08:33,360 Speaker 1: personal glory, but just because they wanted to participate in 159 00:08:33,720 --> 00:08:36,480 Speaker 1: something like this and make a difference and fulfill some 160 00:08:36,559 --> 00:08:39,280 Speaker 1: sort of civic obligation. And so they kind of shy 161 00:08:39,360 --> 00:08:43,200 Speaker 1: away from the limelight, and also I think rightly fear 162 00:08:43,320 --> 00:08:46,000 Speaker 1: that were they to be publicly identified, they could be 163 00:08:46,080 --> 00:08:50,240 Speaker 1: harassed online by Trump supporters or right wing groups could 164 00:08:50,240 --> 00:08:53,280 Speaker 1: attempt to dock them to undermine their work in some way, 165 00:08:53,720 --> 00:08:55,200 Speaker 1: And so a lot of the people that I talked 166 00:08:55,240 --> 00:08:58,280 Speaker 1: to preferred not to be named, which was completely understandable. 167 00:08:58,720 --> 00:09:01,800 Speaker 1: How many hours of day did they work at this, 168 00:09:02,000 --> 00:09:04,200 Speaker 1: because it must have taken a mental toll for some 169 00:09:04,320 --> 00:09:08,240 Speaker 1: of them looking at these videos hour after hour. Yeah, 170 00:09:08,240 --> 00:09:09,959 Speaker 1: it's arranged. I mean I talked to stay at home 171 00:09:10,000 --> 00:09:13,640 Speaker 1: mom in the Pacific Northwest who would basically just spend 172 00:09:13,679 --> 00:09:16,400 Speaker 1: a few hours every evening working on it once she 173 00:09:16,480 --> 00:09:20,199 Speaker 1: was done with her regular daily obligations. But Chris diggrettson 174 00:09:20,440 --> 00:09:23,400 Speaker 1: an actor in Canada because he was out of work 175 00:09:23,480 --> 00:09:26,200 Speaker 1: with spending forty hours a week on this for the 176 00:09:26,240 --> 00:09:29,000 Speaker 1: first three months. Now, for some people, they've piled it 177 00:09:29,040 --> 00:09:31,920 Speaker 1: back as they've moved on from that kind of initial 178 00:09:32,000 --> 00:09:34,480 Speaker 1: rush of sorting through the footage and identifying people to 179 00:09:34,600 --> 00:09:38,440 Speaker 1: the harder work of putting together these more complex conspiracy narratives. 180 00:09:38,920 --> 00:09:41,240 Speaker 1: But you've still got people spending hours hours a day 181 00:09:41,240 --> 00:09:43,679 Speaker 1: on this and there's still a kind of fast community 182 00:09:43,760 --> 00:09:46,520 Speaker 1: that's fascinated by the riot. You describe it in your 183 00:09:46,559 --> 00:09:50,840 Speaker 1: story as an Internet subculture. How many people are involved 184 00:09:50,840 --> 00:09:52,880 Speaker 1: in this, I mean, is it hundreds, is it thousands? 185 00:09:53,360 --> 00:09:55,600 Speaker 1: That's sort of tough to estimate. I mean, if you 186 00:09:55,600 --> 00:09:59,280 Speaker 1: were looking at the total number of people who were 187 00:09:59,320 --> 00:10:02,320 Speaker 1: doing any form of tradition hunting at any point since 188 00:10:02,400 --> 00:10:05,000 Speaker 1: January six, I'm sure it's in the thousands. The number 189 00:10:05,040 --> 00:10:08,559 Speaker 1: who are still consideredly working on it is definitely much smaller, 190 00:10:08,880 --> 00:10:11,640 Speaker 1: but it's still a kind of vibrant community that has 191 00:10:11,679 --> 00:10:15,880 Speaker 1: its own sort of lingo and a set of hashtag 192 00:10:16,080 --> 00:10:18,480 Speaker 1: that it uses to communicate with each other. And it's 193 00:10:18,520 --> 00:10:21,920 Speaker 1: become a really statisticated effort. Like I said, they've created 194 00:10:21,960 --> 00:10:26,280 Speaker 1: this kind of online infrastructure, map, photo gallery, spacial recognition 195 00:10:26,360 --> 00:10:29,280 Speaker 1: databases that members of the community can use to do 196 00:10:29,360 --> 00:10:33,480 Speaker 1: these types of projects, which are becoming increasingly complicated in nature. 197 00:10:33,520 --> 00:10:36,679 Speaker 1: You also have various academics who are starting to explore 198 00:10:36,840 --> 00:10:39,960 Speaker 1: January six related issues in more details. And so there's 199 00:10:40,040 --> 00:10:43,800 Speaker 1: this kind of vibrant subculture that's forming around January six. 200 00:10:43,880 --> 00:10:46,040 Speaker 1: You know, you can almost parallel it something like the 201 00:10:46,160 --> 00:10:50,439 Speaker 1: Kennedy assassination and the sort of culture of obsessives that 202 00:10:50,520 --> 00:10:53,720 Speaker 1: developed around that. I mean, here you've got people sort 203 00:10:53,720 --> 00:10:56,360 Speaker 1: of fixating on the historical event and trying to understand 204 00:10:56,400 --> 00:10:58,120 Speaker 1: it is that they can and to fill in the 205 00:10:58,160 --> 00:11:00,240 Speaker 1: gaps that the government may have left it in its 206 00:11:00,240 --> 00:11:04,720 Speaker 1: own investigations. It's just fascinating. Thanks, David. That's Bloomberg Legal 207 00:11:04,760 --> 00:11:09,880 Speaker 1: reporter David Jaffee Bellini. The first of President Joe Biden's 208 00:11:09,920 --> 00:11:14,400 Speaker 1: judicial nominees were easily confirmed this week, beginning what Democrats 209 00:11:14,400 --> 00:11:16,800 Speaker 1: who control the Senate have promised will be a fast 210 00:11:16,880 --> 00:11:19,720 Speaker 1: moving effort to approve his picks for the federal bench. 211 00:11:20,200 --> 00:11:22,720 Speaker 1: Joining me is Carl Tobias, a professor at the University 212 00:11:22,720 --> 00:11:26,679 Speaker 1: of Richmond Law School, tell us about Julian Nils and 213 00:11:27,160 --> 00:11:32,160 Speaker 1: Regina Rodriguez. They were the first two district nominees who 214 00:11:32,160 --> 00:11:38,240 Speaker 1: were confirmed. Judge Nils will fill one of six vacancies 215 00:11:38,600 --> 00:11:41,760 Speaker 1: that's an emergency in the district of New Jersey. He's 216 00:11:41,800 --> 00:11:46,839 Speaker 1: a long time lawyer in the district who was an 217 00:11:46,840 --> 00:11:50,160 Speaker 1: Obama nominee but was never given a final vote. We 218 00:11:50,679 --> 00:11:56,880 Speaker 1: nominated by Biden and confirmed pretty overwhelmingly six to thirty. 219 00:11:57,000 --> 00:12:00,839 Speaker 1: Three to fill that emergency. And so that's great in 220 00:12:00,960 --> 00:12:03,800 Speaker 1: terms of the priority that was set by confirming him. 221 00:12:04,080 --> 00:12:06,920 Speaker 1: The emergencies need to be filled in New Jersey is 222 00:12:06,960 --> 00:12:10,000 Speaker 1: in an extreme situation because of the caseloads and the 223 00:12:10,640 --> 00:12:14,600 Speaker 1: many vacancies. Rodriguez was confirmed for the District of Colorado, 224 00:12:14,640 --> 00:12:17,040 Speaker 1: and I believe she fills an emergency as well. She 225 00:12:17,400 --> 00:12:22,040 Speaker 1: also was a nominee President Obama, but did not get 226 00:12:22,080 --> 00:12:25,800 Speaker 1: a hearing or committee vote. And she has been a 227 00:12:25,840 --> 00:12:30,040 Speaker 1: federal prosecutor as well as a partner in a major 228 00:12:30,360 --> 00:12:33,760 Speaker 1: law firm and done all kinds of interesting work in 229 00:12:33,840 --> 00:12:37,880 Speaker 1: the federal courts. It's interesting that neither of these got 230 00:12:38,040 --> 00:12:41,160 Speaker 1: votes in the Senate when they were nominated by Barack Obama, 231 00:12:41,240 --> 00:12:45,560 Speaker 1: but they did get Republican votes this time around. Yeah, 232 00:12:45,720 --> 00:12:50,040 Speaker 1: And I think I speak to the quality of the nominees. 233 00:12:50,200 --> 00:12:55,520 Speaker 1: They're both highly qualified, mainstream nominees with a lot of experience, 234 00:12:55,720 --> 00:12:59,280 Speaker 1: and so Republicans don't really have a very good reason 235 00:12:59,360 --> 00:13:03,680 Speaker 1: to vote again, and so that's why you see relatively 236 00:13:03,760 --> 00:13:08,960 Speaker 1: bipartisan votes still. I mean, there were Republicans who voted no, um, 237 00:13:09,080 --> 00:13:12,599 Speaker 1: but they may just vote no on anyone unless the 238 00:13:12,920 --> 00:13:18,280 Speaker 1: person is perfect. Uh, that's what I think you see reflected. 239 00:13:18,360 --> 00:13:21,200 Speaker 1: But I would consider those votes for both of them 240 00:13:21,280 --> 00:13:25,640 Speaker 1: to be bipartisan. Uh, and strongly so. Senate Majority Leader 241 00:13:25,800 --> 00:13:30,480 Speaker 1: Chuck Schumer has teed up votes to limit debates on 242 00:13:31,200 --> 00:13:36,120 Speaker 1: Judge Katangi Brown Jackson, and say, Karashi, why is he 243 00:13:36,240 --> 00:13:41,040 Speaker 1: limiting debate because he can't get unanimous consent? You need 244 00:13:41,200 --> 00:13:45,439 Speaker 1: all hundred Senators to agree or not oppose before you 245 00:13:45,480 --> 00:13:51,000 Speaker 1: cut off debate, and because some Republicans are withholding their consent, 246 00:13:51,480 --> 00:13:55,200 Speaker 1: you have to have a cloture vote. Those have been 247 00:13:55,400 --> 00:14:00,120 Speaker 1: used pretty frequently, both by Democrats with Trump nominees as 248 00:14:00,160 --> 00:14:04,360 Speaker 1: well as Republicans, and it's fairly standard. But there are 249 00:14:04,520 --> 00:14:08,280 Speaker 1: fifty votes if all the Democrats vote, and so there 250 00:14:08,320 --> 00:14:12,560 Speaker 1: shouldn't be an issue. So I think both Judge Jackson 251 00:14:12,920 --> 00:14:15,960 Speaker 1: and Judge Kareshi, who's a magistrate judge in New Jersey, 252 00:14:16,200 --> 00:14:21,080 Speaker 1: will have affirmative cloture votes, and then Karashi will have 253 00:14:21,320 --> 00:14:25,800 Speaker 1: a confirmation vote later today after two hours of debate. 254 00:14:26,120 --> 00:14:29,600 Speaker 1: You need thirty hours of debate for Judge Jackson because 255 00:14:29,680 --> 00:14:32,480 Speaker 1: she's a nominee to the DC Circuit. Of all the 256 00:14:32,560 --> 00:14:36,480 Speaker 1: Biden nominees, Totanji Brown Jackson is the one that I 257 00:14:36,640 --> 00:14:41,000 Speaker 1: think most people know about. Tell us why, Well, she's 258 00:14:41,040 --> 00:14:44,920 Speaker 1: been a district judge. President Obama appointed her in two 259 00:14:44,960 --> 00:14:48,560 Speaker 1: douzen thirteen. She's had a number of high profile cases. 260 00:14:49,240 --> 00:14:52,360 Speaker 1: One that most people talk about involved the subpoena for 261 00:14:52,520 --> 00:14:56,120 Speaker 1: Don McGann's testimony, where she wrote, I think a hundred 262 00:14:56,520 --> 00:15:01,640 Speaker 1: page opinion and she had had a very strong hearing, 263 00:15:02,120 --> 00:15:06,160 Speaker 1: answered clearly and comprehensively all of the question from both 264 00:15:06,200 --> 00:15:10,560 Speaker 1: sides of the aisle. And President Biden has promised to 265 00:15:11,240 --> 00:15:15,200 Speaker 1: name a black woman to the first vacancy that he filled, 266 00:15:15,840 --> 00:15:19,040 Speaker 1: and most people, let's say that she is the front 267 00:15:19,120 --> 00:15:22,520 Speaker 1: runner for that position. Also, the DC Circuit is the 268 00:15:22,600 --> 00:15:25,280 Speaker 1: second most important court in the country because of the 269 00:15:25,440 --> 00:15:30,560 Speaker 1: kinds of cases that appears on appeal. Senate Judiciary Committee 270 00:15:30,680 --> 00:15:36,560 Speaker 1: Chair Dick Durbin pushed back on the Republican litmus test 271 00:15:37,400 --> 00:15:44,479 Speaker 1: for nominees that they must be originalists. Explain what originalism 272 00:15:44,840 --> 00:15:50,080 Speaker 1: is and why the Republicans are so adamant about it 273 00:15:50,160 --> 00:15:54,000 Speaker 1: at this point. Well, what Republicans are having about is 274 00:15:54,040 --> 00:15:57,320 Speaker 1: a good question, and I think even strong originalists disagree 275 00:15:57,360 --> 00:16:00,600 Speaker 1: about exactly what the definition is. But I think general 276 00:16:00,720 --> 00:16:07,600 Speaker 1: notion is that originalists believe that you try to apply 277 00:16:07,720 --> 00:16:12,800 Speaker 1: the Constitution away that the framers of the Constitution would 278 00:16:13,240 --> 00:16:17,400 Speaker 1: have understood what they were doing in seventeen eighty nine, 279 00:16:17,600 --> 00:16:23,360 Speaker 1: and so that is somewhat controversial. But most people do 280 00:16:23,600 --> 00:16:27,440 Speaker 1: also agree that you look at what the original meaning 281 00:16:27,640 --> 00:16:29,520 Speaker 1: might have been to the extent you can tell what 282 00:16:29,680 --> 00:16:34,400 Speaker 1: it is. But others say that the Constitution is a 283 00:16:34,520 --> 00:16:38,120 Speaker 1: document that's meant to endure for over centuries, as it has. 284 00:16:38,480 --> 00:16:41,520 Speaker 1: And of course there are amendments, as Chuck Grassley said 285 00:16:41,680 --> 00:16:46,480 Speaker 1: and yesterday as a retort to the chair saying, all 286 00:16:46,600 --> 00:16:49,840 Speaker 1: of those amendments like the thirteen, fourteen and fifteen amendments, 287 00:16:50,000 --> 00:16:53,160 Speaker 1: also must be looked at in terms of the original 288 00:16:53,240 --> 00:16:57,520 Speaker 1: intent of the amendment strap and that's what the debate 289 00:16:57,800 --> 00:17:01,280 Speaker 1: is about. Carl. When did originals become a doctrine of 290 00:17:01,360 --> 00:17:06,840 Speaker 1: such importance to Republicans? I don't recall questions about originalism 291 00:17:07,240 --> 00:17:12,360 Speaker 1: being so important and Supreme Court confirmation hearings years ago 292 00:17:12,640 --> 00:17:16,359 Speaker 1: as compared to today, well, I think it is relatively 293 00:17:16,480 --> 00:17:21,560 Speaker 1: recent um and I think, for example, Justice Scalia was 294 00:17:21,640 --> 00:17:27,120 Speaker 1: a strong proponent of originalism as to have been others. UM. 295 00:17:28,040 --> 00:17:34,800 Speaker 1: And I think probably uh, partly it reflected some response 296 00:17:34,920 --> 00:17:40,280 Speaker 1: to the Warren Courts Juris Britain. Um. Since you know 297 00:17:40,400 --> 00:17:46,159 Speaker 1: the nifties, nineteen sixties, seventies, UM. You know when um 298 00:17:47,720 --> 00:17:51,919 Speaker 1: the for four fifth and sixth amendments and others uh, 299 00:17:52,240 --> 00:17:59,680 Speaker 1: fourteenth Amendments were um read somewhat broadly. UM. And so 300 00:18:00,119 --> 00:18:04,520 Speaker 1: there is in part originalism is a response to that. UM. 301 00:18:05,080 --> 00:18:09,359 Speaker 1: But as Durban said and others have said, uh, in 302 00:18:09,520 --> 00:18:14,359 Speaker 1: talking about originalism, UM, we know what the history of 303 00:18:14,400 --> 00:18:18,199 Speaker 1: the country was and and what the constitution looked like. Uh. 304 00:18:18,320 --> 00:18:24,879 Speaker 1: And indeed women uh and African Americans were excluded really 305 00:18:25,040 --> 00:18:29,720 Speaker 1: right because they didn't have votes and and slavery was 306 00:18:29,760 --> 00:18:32,760 Speaker 1: written into the constitution until eighteen o eight. And so 307 00:18:33,000 --> 00:18:36,080 Speaker 1: I think that's part of the response there. And of 308 00:18:36,119 --> 00:18:40,280 Speaker 1: course women got the vote in nineteen or twice. So 309 00:18:40,840 --> 00:18:45,240 Speaker 1: can you be an originalist and be what's considered a 310 00:18:45,320 --> 00:18:48,720 Speaker 1: liberal judge, I don't know. Are there any well? Sure? 311 00:18:48,920 --> 00:18:54,760 Speaker 1: I mean, I do think even the justices like Kagan, 312 00:18:55,680 --> 00:19:00,639 Speaker 1: uh and Soto, Mayor and Brier would say that you 313 00:19:00,800 --> 00:19:06,960 Speaker 1: do look at the meaning originally, but they're not going 314 00:19:07,080 --> 00:19:12,159 Speaker 1: to feel bound by what the understanding was at the 315 00:19:12,359 --> 00:19:15,640 Speaker 1: time of the adoption of the Constitution, that's not all 316 00:19:15,800 --> 00:19:18,840 Speaker 1: you look at, but you know, I think it's They 317 00:19:18,880 --> 00:19:23,119 Speaker 1: would even agree, and many people who are moderate or 318 00:19:23,400 --> 00:19:27,879 Speaker 1: centrist or even liberal would agree that you still start 319 00:19:28,000 --> 00:19:31,680 Speaker 1: with the words and and understandings perhaps at the time 320 00:19:31,760 --> 00:19:36,040 Speaker 1: of adoption and then but again, as Marcel and others 321 00:19:36,160 --> 00:19:40,920 Speaker 1: said from the Supreme Court um that the Constitution is 322 00:19:41,400 --> 00:19:44,399 Speaker 1: a document for all times, and there has to be 323 00:19:44,520 --> 00:19:49,359 Speaker 1: some flexibility in terms of understandings at the time and 324 00:19:50,080 --> 00:19:55,159 Speaker 1: different understandings today as the nation evolved. At this hearing, 325 00:19:55,680 --> 00:19:58,760 Speaker 1: there were Unice Lely, who's nominated the Second Circuit, and 326 00:19:59,000 --> 00:20:03,320 Speaker 1: Veronica ross And who's nominated to the Tenth Circuit, tell 327 00:20:03,400 --> 00:20:11,240 Speaker 1: us about their backgrounds. Well. Biden pledged as a candidate 328 00:20:11,480 --> 00:20:19,040 Speaker 1: and sinned to nominate and confirm people whom are diverse 329 00:20:19,119 --> 00:20:26,480 Speaker 1: in terms of ethnicity, gender, sexual orientation, ideology, and experience, 330 00:20:27,040 --> 00:20:31,400 Speaker 1: and the White House Council, thea Remus and the President 331 00:20:31,440 --> 00:20:34,680 Speaker 1: have stressed that with their first set of nominees and 332 00:20:35,280 --> 00:20:39,440 Speaker 1: the subsequent ones, the two who were for the appeals courts, 333 00:20:39,760 --> 00:20:44,240 Speaker 1: they both have law pretty long records as federal public 334 00:20:44,320 --> 00:20:50,560 Speaker 1: defenders and so they're basically criminal defense attorneys, and that 335 00:20:51,160 --> 00:20:55,480 Speaker 1: reflects experiential diversity that is sometimes lacking. For example, in 336 00:20:55,520 --> 00:20:59,119 Speaker 1: the second Circuit, Lee would be the only person who 337 00:20:59,160 --> 00:21:02,840 Speaker 1: brings that experience is to that important court. And so 338 00:21:03,920 --> 00:21:09,240 Speaker 1: that's what you see reflected in those two nominations. It's 339 00:21:09,280 --> 00:21:13,000 Speaker 1: no secret that many judges on both the district and 340 00:21:13,480 --> 00:21:18,000 Speaker 1: appellate bench in the federal system our former prosecutors usually 341 00:21:18,000 --> 00:21:22,840 Speaker 1: in U. S. Attorney offices, but uh, they overwhelmingly out 342 00:21:22,960 --> 00:21:28,000 Speaker 1: number the federal public defenders or are their criminal defense attorneys. 343 00:21:28,080 --> 00:21:31,199 Speaker 1: So trying to have some balance there in terms of experience, 344 00:21:31,800 --> 00:21:35,400 Speaker 1: and so that's what you see reflected in the backgrounds 345 00:21:35,440 --> 00:21:39,160 Speaker 1: of those two nominees. The Republicans on the committee were 346 00:21:39,280 --> 00:21:44,960 Speaker 1: focused on how these nominees with experience primarily in criminal cases, 347 00:21:45,640 --> 00:21:49,800 Speaker 1: would fair in cases involved in civil litigation, which is 348 00:21:49,840 --> 00:21:55,040 Speaker 1: more common on the appellate level. Does that really matter, Well, 349 00:21:55,600 --> 00:21:59,800 Speaker 1: that's a good question. There were some questions, especially from 350 00:22:00,000 --> 00:22:07,600 Speaker 1: Senator Cotton, about experiencing civil litigation, and I don't think 351 00:22:07,760 --> 00:22:11,760 Speaker 1: that there is a real problem here. Many people go 352 00:22:11,840 --> 00:22:15,399 Speaker 1: on the bench, both at the circuit and district level, 353 00:22:16,000 --> 00:22:20,720 Speaker 1: who come from a predominantly civil or predominantly criminal background, 354 00:22:20,840 --> 00:22:25,720 Speaker 1: and so the questions always asked or often asked by senators, um, 355 00:22:26,119 --> 00:22:29,800 Speaker 1: if you haven't engaged in that kind of practice, can 356 00:22:29,880 --> 00:22:34,639 Speaker 1: you um master the other times a practice? And to 357 00:22:34,800 --> 00:22:38,520 Speaker 1: me it's more critical perhaps at the district level than 358 00:22:38,600 --> 00:22:41,240 Speaker 1: it would be at the pellate level. And even the 359 00:22:41,359 --> 00:22:47,480 Speaker 1: questions that we're asked, for example, by Senator Cotton are 360 00:22:47,560 --> 00:22:51,600 Speaker 1: ones that are pretty basic that, um, you know, require 361 00:22:51,640 --> 00:22:53,920 Speaker 1: you to look either at the Constitution or the federal 362 00:22:54,000 --> 00:22:58,000 Speaker 1: rules of civil procedure, for example. And so I don't 363 00:22:58,200 --> 00:23:02,680 Speaker 1: think there is a problem that warrants a no vote. UM. 364 00:23:02,960 --> 00:23:06,440 Speaker 1: We'll see what happens, but I think that the senators 365 00:23:06,480 --> 00:23:12,639 Speaker 1: are probing, um, whether people have relevant experience. Rossman, on 366 00:23:12,720 --> 00:23:15,720 Speaker 1: the other hand, did say that she had engaged in 367 00:23:15,920 --> 00:23:20,640 Speaker 1: some civil practice prior to becoming a federal public defender. 368 00:23:21,440 --> 00:23:26,000 Speaker 1: So that's that's the issue, And I think most senators 369 00:23:26,080 --> 00:23:31,000 Speaker 1: are satisfied that Lee is extremely intelligent and done incredible 370 00:23:31,040 --> 00:23:34,800 Speaker 1: work as a federal public defender state public defender for 371 00:23:34,920 --> 00:23:40,120 Speaker 1: a couple of decades. Republican Senator John Kennedy was very 372 00:23:40,240 --> 00:23:43,920 Speaker 1: critical of Lee because she said she doesn't have a 373 00:23:44,040 --> 00:23:47,480 Speaker 1: personal judicial philosophy, and he said, you're going to be 374 00:23:47,600 --> 00:23:50,160 Speaker 1: on the United States Court of Appeals if you're confirmed, 375 00:23:50,240 --> 00:23:52,720 Speaker 1: and you don't have a judicial philosophy about how the 376 00:23:52,840 --> 00:23:56,560 Speaker 1: United States Constitution should be interpreted. I mean, do you 377 00:23:56,760 --> 00:24:00,280 Speaker 1: need to have a judicial philosophy? Well, a lot of 378 00:24:00,320 --> 00:24:03,879 Speaker 1: people think you don't necessarily have to have one. And 379 00:24:04,000 --> 00:24:07,119 Speaker 1: he really wasn't very clear about what he meant uh 380 00:24:07,520 --> 00:24:13,480 Speaker 1: in asking a question, and so the nominee I think 381 00:24:13,680 --> 00:24:17,720 Speaker 1: wasn't sufficiently responsive to him what he wanted. But I 382 00:24:17,800 --> 00:24:20,439 Speaker 1: think he was looking for a commitment. Are you an originalist? 383 00:24:21,320 --> 00:24:26,520 Speaker 1: And that's in a way an unfair question um in 384 00:24:26,600 --> 00:24:29,400 Speaker 1: the sense that you can't answer it in a way 385 00:24:29,520 --> 00:24:34,560 Speaker 1: that necessarily satisfies the question to some extent, because it 386 00:24:34,760 --> 00:24:38,879 Speaker 1: it's subtle, and originalism means different things to different people. 387 00:24:39,400 --> 00:24:44,359 Speaker 1: And so I think she was saying basically that she 388 00:24:44,600 --> 00:24:48,160 Speaker 1: understands about conciitutional interpretation, but she doesn't have a philosophy 389 00:24:48,240 --> 00:24:50,760 Speaker 1: of it. She's not doesn't come to it as an 390 00:24:50,760 --> 00:24:55,480 Speaker 1: originalist or the other kind of epithet that conservatives often 391 00:24:55,720 --> 00:24:59,800 Speaker 1: used is the living Constitution. Kennedy didn't say that, but 392 00:25:00,000 --> 00:25:03,879 Speaker 1: I think it was implicit in his question, and again, 393 00:25:04,600 --> 00:25:09,200 Speaker 1: as durban point has pointed out, UM the Republican nominees 394 00:25:09,280 --> 00:25:14,240 Speaker 1: from Trump, Austen refused to answer the question. Questions of 395 00:25:14,320 --> 00:25:20,800 Speaker 1: that sort as well coming from Democrats about UM their philosophies. 396 00:25:21,560 --> 00:25:24,080 Speaker 1: So I think what we're seeing a lot of times 397 00:25:24,760 --> 00:25:27,320 Speaker 1: is just the reverse of what we saw with Trump 398 00:25:27,920 --> 00:25:32,720 Speaker 1: is Democrats are also being cautious and using UM the 399 00:25:32,840 --> 00:25:36,240 Speaker 1: same kind of defensive tactics to protect their nominee, which 400 00:25:36,240 --> 00:25:40,480 Speaker 1: shouldn't be surprised. The Senators who oversee the federal judiciary 401 00:25:40,640 --> 00:25:45,160 Speaker 1: are requesting ten years worth of travel records for Supreme 402 00:25:45,280 --> 00:25:49,000 Speaker 1: Court justices. Why the travel records in it? What are 403 00:25:49,040 --> 00:25:52,600 Speaker 1: they trying to do? Well? There was a letter that 404 00:25:52,760 --> 00:25:57,480 Speaker 1: came from Sheldon White, has his chairs the subcommittee of 405 00:25:57,560 --> 00:26:00,639 Speaker 1: the Judiciary Committee on Federal Courts oversight the acts in 406 00:26:00,720 --> 00:26:04,880 Speaker 1: Federal Rights and a center eternity as a ranking member 407 00:26:04,960 --> 00:26:08,800 Speaker 1: on that committee, the highest ranking Republicans, and they sent 408 00:26:08,840 --> 00:26:12,960 Speaker 1: a letter they want to have more transparency at the 409 00:26:13,080 --> 00:26:17,160 Speaker 1: court in terms of possible conflicts of interest, I think, 410 00:26:17,440 --> 00:26:24,760 Speaker 1: and perhaps some kind of standards or ethical code, which 411 00:26:24,840 --> 00:26:28,399 Speaker 1: of course does bind the lower federal court judges, but 412 00:26:28,600 --> 00:26:32,679 Speaker 1: there isn't this sort of same requirement at the Supreme 413 00:26:32,720 --> 00:26:36,119 Speaker 1: Court level. And so it's really, I think, an effort 414 00:26:36,240 --> 00:26:42,360 Speaker 1: to have more transparency around possible conflicts and astex questions 415 00:26:42,520 --> 00:26:47,000 Speaker 1: that might be at issue for the justices. There are 416 00:26:47,080 --> 00:26:50,200 Speaker 1: questions about that. It's ah and it's difficult. I think 417 00:26:50,280 --> 00:26:55,080 Speaker 1: that people like Justice Kagan and others have said that 418 00:26:55,280 --> 00:26:58,680 Speaker 1: Chief Justice Roberts is seriously considering whether it introduced a 419 00:26:58,840 --> 00:27:02,520 Speaker 1: conduct code for the Supreme Court justices, and that may 420 00:27:02,560 --> 00:27:06,240 Speaker 1: be a good idea, but there are concerns about separation 421 00:27:06,320 --> 00:27:10,440 Speaker 1: of powers. You know, how much should Congress require the 422 00:27:10,560 --> 00:27:16,239 Speaker 1: Supreme Court who comply with certain strictures that Senators might 423 00:27:16,280 --> 00:27:19,000 Speaker 1: think are important. They have to tread lightly, and it's 424 00:27:19,000 --> 00:27:23,080 Speaker 1: a delicate issue. I think that eventually something will be 425 00:27:23,200 --> 00:27:26,440 Speaker 1: put into place, because, of course, Keef Justice Roberts deeply 426 00:27:26,600 --> 00:27:30,840 Speaker 1: cares about the reputation of the Supreme Court and its 427 00:27:30,880 --> 00:27:35,040 Speaker 1: credibility with the American people. As an institutionalist, I think 428 00:27:35,560 --> 00:27:38,640 Speaker 1: why might be moved in that direction. So I think 429 00:27:38,720 --> 00:27:41,399 Speaker 1: that's what this initiative is about. More transparency at the 430 00:27:41,480 --> 00:27:44,800 Speaker 1: Supreme Court, perhaps more by way of ethics requirements. But 431 00:27:45,119 --> 00:27:48,080 Speaker 1: I don't know whether Congress is going to pass legislation 432 00:27:48,160 --> 00:27:50,840 Speaker 1: to that effect because of the separation of powers questions. 433 00:27:51,280 --> 00:27:54,440 Speaker 1: Thanks Carl. That's Professor Carl Tobis of the University of 434 00:27:54,560 --> 00:27:57,359 Speaker 1: Richmond Law School. And that's it for the sedition of 435 00:27:57,400 --> 00:28:00,040 Speaker 1: the Bloomberg Law Show. Remember you can always at the 436 00:28:00,119 --> 00:28:03,080 Speaker 1: latest legal news on our Bloomberg Law Podcast. You can 437 00:28:03,160 --> 00:28:07,239 Speaker 1: find them on Apple Podcasts, Spotify, and at www dot 438 00:28:07,320 --> 00:28:11,439 Speaker 1: bloomberg dot com, slash podcast Slash Law. I'm June Grosso 439 00:28:11,560 --> 00:28:13,199 Speaker 1: and you're listening to Bloomberg