September 26, 2022

Biden nominee Jessica Clarke flounders during nomination hearing

President Joe Biden’s judicial nominee Jessica Clarke struggled in responses with the Senate Judiciary Committee on Wednesday, at one point leading Republican Louisiana Sen. John Kennedy to ask, “You want to take another crack at that?”

Kennedy’s question followed her indirect response to the Senator’s questions about a key Securities and Exchange Commission rule.

“Ms. Clarke, you’ve been nominated to the Southern District of New York. That’s where most of our securities cases are litigated. And SEC Rule 10b-5 is about as basic as you can get. You want to take another crack at that and tell me what Rule 10-b5 does?”

“Thank you again for the question, Senator. I regularly confront new issues of law in my practice, and when I do I thoroughly research the issue,” Clarke clarified but had her response cut short by Sen. Kennedy’s interjection.

“I know you’re going to thoroughly research it, but are you telling me today that you don’t know what Rule 10b-5 is?” Kennedy rebutted.

Kennedy’s comical response highlighted the concerns over another one of Biden’s nominees who does not appear to be prepared for the new role.

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