The Hill
Lindsey Graham asked President Biden's Supreme Court nominee about her religious faith, her defense of the prisoners at Gitmo and whether she was a Muslim.
Graham has been seen as a swing GOP vote on Jackson, but he has signaled that he will not vote for the nominee.
The Republican senator has made it clear that he disliked the questioning of the Supreme Court nominees of the former president and has tried to highlight a double standard.
Graham asked Jackson about her faith.
He asked, "What faith are you by the way?"
Graham asked if she could fairly judge a Catholic.
Graham pivoted quickly to how Democrats scrutinized Trump's Supreme Court nominee Amy ConeyBarrett's Catholic faith after Jackson said she didn't feel comfortable talking about her religious views.
How would you feel if a senator up here said of your faith and the dogma was still present in you?
You are reluctant to talk about it because it is uncomfortable. Imagine if people on late-night television called you a nut speaking in tongues because you practice the Catholic faith in a way that they couldn't relate to.
Jackson, who was an appellate specialist at the private firm Morrison Foerster, was accused by Graham of putting the United States in a bad position by making the argument that the executive branch did not have authority to conduct.
After his questioning, Graham declared that enemy combatant who pose a threat should be held at the internment camp until they die.
I hope they die in jail if they kill Americans. If 39 of them die in prison, it will not bother me. He said that it was a better outcome than letting them go.
He took a shot at Jackson by saying that her advocacy against keeping prisoners in prison indefinitely hurt the nation.
He said the system has failed and that changing the system would destroy the ability to protect the country.
Graham said the support of the left-wing, radical group for Jackson's nomination was problematic for him and he was likely to vote against her nomination.
Graham had supported Childs for the court, but he was not selected by Biden.
At the end of his time, Graham let it be known that he was still unhappy that Biden passed over Childs, whom he recommended and said could have gotten more than 60 votes for confirmation.
He asked Jackson if she knew anything about the progressive advocacy groups that urged Biden not to nominate Childs.
Did you know that there were a lot of people on the left who were trying to destroy Michelle Childs? He characterized the criticisms from the left of Childs as a union-busting Republican in disguise.
Jackson acknowledged that it was troublesome that people were doing things that may have hurt the reputation of other candidates.
Graham zeroed in on Jackson's arguments to the Supreme Court while counsel at Morrison & Foerster focused on her work to recruit former federal judges to weigh in with justices.
Jackson said that she was working for her clients, but Graham wasn't buying it.
He wanted to know what made you join the cause.
Graham implied that Jackson's work to reform the detention practices at Gitmo reflected her personal views in favor of releasing suspected terrorists after long periods of imprisonment.
If you had your way, the executive branch wouldn't be able to do periodic reviews about the danger the detainee poses to the United States, and would have to make a decision about trying or releasing them.
Jackson said that it was not his argument and that he was filing a brief for clients.
When you sign on to brief, does it become your argument?
He asked if that was your position when you were in private practice. If it is not your position, why would you do that? Why would you take that client? No one is making you do this.
Graham said that she was trying to influence the court through an amicus brief, not representing the enemy combatant.
He said that this is not the way to fight a war. They would run you out of town if you tried to do this in World War II.
He asked if you were advocating that position when you signed on to the brief.
The Senate Judiciary Committee is holding a second day of confirmation hearings.
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