Senator Ted Cruz introduced a large chart during the Supreme Court confirmation hearing for Judge Ketanji Brown Jackson detailing her sentencing history for child pornography offenders, saying she “100% of the time sentences child porn defendants to markedly below what the prosecution has recommended, unless you have a mandatory minimum and have no ability to do so.”
“In these cases, in half of them, in five, [Jackson] sentenced the defendant to the absolute lowest sentence under law,” Sen. Cruz explained.
In a case that included abuse against toddlers, Cruz pointed out “the guidelines recommended a sentence of 78 to 97 months, the prosecution argued that should be what the sentence was, and [Jackson] sentenced Chazin [the defendant] to 28 months.”
Judge Jackson replied that she “has sentenced more than 100 people,” to which Cruz interrupted, saying “but not to child pornography, these are your child porn cases.”
Jackson then insisted that she considers all the arguments and recommendations in all her cases, and talks to the offenders about the harms they have done. This was admittedly the nominee's general answer to all the cases presented by Cruz, with the judge remarking that it's more difficult for her to answer as she did not have the cases in question in front of her.
“...in every case I looked at the recommendations of not only the government, but also the probation office, the defendant, the record, the evidence, I took into account the seriousness of the offence,” Jackson continued.
Senate judiciary committee chairman Dick Durbin began to interrupt Cruz towards the end of his time, stating “For the record, I'll just say to the judge there's no point in responding, he's going to interrupt you.”
Cruz and Durbin then had a heated exchange, which saw Cruz's allotted time expire. Cruz accused Durbin of taking up some of his time, with Durbin responding that Cruz needed to follow the committee's rules.