Numerous independent fact-checkers examined this attack on Jackson and determined that it is bogus.
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And Jackson handed down sentences that were at or above the probation office’s recommendations in five of the seven cases identified by Hawley. Before a criminal defendant is sentenced, probation officials recommend a sentence tailored to their specific circumstances. It’s also worth noting that the guidelines are a blunt instrument that take only limited account of the particular circumstances of an individual offender’s actions. Indeed, in a majority of the child pornography cases heard by Judge Jackson, the prosecution recommended a below-guidelines sentence. But the consensus view among judges and sentencing policymakers is that these guidelines recommend sentences that are too harsh for “nonproduction” child pornography crimes - that is, crimes where the offender views or distributes child sexual abuse material but does not produce it.Īccording to a 2021 report by the US Sentencing Commission, “the majority ( 59.0%) of nonproduction child pornography offenders received a variance below the guideline range.” When judges do depart downward from the guidelines, they typically impose sentences that are more than 50 months lower than the minimum sentence recommended by the guidelines.
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The Federal Sentencing Guidelines are an advisory manual that recommend a sentencing range for various offenses to federal judges. This allegation is narrowly truthful - Jackson did, indeed, sentence these offenders to a prison term below that recommended by the guidelines - but this is the ordinary practice within the federal judiciary. The gravamen of Hawley’s attack is that, in seven cases involving child pornography offenders, Jackson sentenced these offenders to less prison time than federal sentencing guidelines recommended. Hawley’s dishonest attack on Jackson, briefly explained The broad strokes of this allegation are false, and the details of it rely on a mendacious reading of federal sentencing policy. Mike Lee (R-UT), Marsha Blackburn (R-TN), and Tom Cotton (R-AR), brought versions of it up on Monday or Tuesday. Josh Hawley previewed this attack on Twitter last week, and at least four other senators, Cruz and Sens. The most inflammatory - and, sadly, the most predictable - allegation against Jackson was that she’s spent her career trying to protect sexual predators, and specifically child pornographers. The Republican Party tweeted a similar attack on Jackson shortly before Cruz brought up critical race theory at the hearing. He did this even though Jackson said that critical race theory has “never been something I’ve studied or relied on” as a judge.
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Cruz also accused Jackson of being a proponent of critical race theory, an academic framework for examining how racism is embedded in America’s laws and institutions. Ted Cruz (R-TX) spent much of his question time on Tuesday criticizing Georgetown Day School - Jackson is a member of this school’s board of trustees, and she told Cruz that she was drawn to the school because it was founded to provide a racially integrated education at a time when Washington, DC’s public schools were segregated.Ĭruz attacked the school because, he said, it teaches books he finds objectionable by Boston University historian and National Book Award-winning author Ibram X. Two other Republican senators attacked the high school that one of Jackson’s daughters attends.
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Tuesday, the first day of the hearing where senators on the Judiciary Committee could actually ask questions of Judge Jackson, included allegations from five Republican senators that Jackson is soft on child pornography offenders.īefore those misleading attacks kicked off in real force, Graham stormed out of the hearing after attacking Jackson for providing legal counsel to Guantanamo Bay detainees - and suggesting that by doing so, Jackson endangered national security. It’s not hard to guess what happened next. “ No Republican senator is going to unleash an attack on your character when the hearing is almost over,” Sen. Multiple Republican senators promised not to levy similarly “personal attacks” against Jackson. On Monday, the first day of Jackson’s confirmation hearing, several Republicans complained about the way that Justice Brett Kavanaugh was treated prior to his confirmation, after Kavanaugh was credibly accused of sexually assaulting a woman while he was in high school. One day after Republican senators promised they wouldn’t levy personal attacks against Supreme Court nominee Ketanji Brown Jackson, several of them generated a storm of misleading - and often offensive - attacks against her.