Barrett bats away tough Democratic confirmation probing

Featured Legal News

Supreme Court nominee Amy Coney Barrett batted away Democrats’ skeptical questions Tuesday on abortion, health care and a possible disputed-election fight over transferring presidential power, insisting in a long and lively confirmation hearing she would bring no personal agenda to the court but decide cases “as they come.”

The 48-year-old appellate court judge declared her conservative views with often colloquial language, but refused many specifics. She declined to say whether she would recuse herself from any election-related cases involving President Donald Trump, who nominated her to fill the seat of the late Justice Ruth Bader Ginsburg and is pressing to have her confirmed before the the Nov. 3 election.

“Judges can’t just wake up one day and say I have an agenda ? I like guns, I hate guns, I like abortion, I hate abortion ? and walk in like a royal queen and impose their will on the world,” Barrett told the Senate Judiciary Committee during its second day of hearings.

“It’s not the law of Amy,” she said. “It’s the law of the American people.”

Barrett returned to a Capitol Hill mostly shut down by COVID-19 protocols, the mood quickly shifting to a more confrontational tone  from opening day. She was grilled by Democrats strongly opposed to Trump’s nominee yet unable to stop her. Excited by the prospect of a judge aligned with the late Antonin Scalia, Trump’s Republican allies are rushing ahead to install a 6-3 conservative court majority for years to come.

The president seemed pleased with her performance. “I think Amy’s doing incredibly well,” he said at the White House departing for a campaign rally.

Trump has said he wants a justice seated for any disputes arising from his heated election with Democrat Joe Biden, but Barrett testified she has not spoken to Trump or his team about election cases. Pressed by panel Democrats, she skipped past questions about ensuring the date of the election or preventing voter intimidation, both set in federal law, and the peaceful transfer of presidential power. She declined to commit to recusing herself from any post-election cases without first consulting the other justices.

“I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.

A frustrated Sen. Dianne Feinstein, the top Democrat on the panel, all but implored the nominee to be more specific about how she would handle landmark abortion cases, including Roe v. Wade and the follow-up Pennsylvania case Planned Parenthood v. Casey, which confirmed it in large part.

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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.