Is Biden Crooked or Clueless? His Recent Judicial Nominee Would Indicate He's Both

Toby Talbot

Years ago, as a reporter covering a child sexual abuse case, I asked the accused’s public defender why he took these kinds of cases. He responded that because we have an adversarial system of justice, the defendant needed to have solid representation for the system to work. Anything less could result in a guilty person saying that their defense was not adequate and filing for a mistrial or even a dismissal. Criminals know this and it is not uncommon for them to fire their lawyers to put a stick in the spokes of the wheels of justice. But I could see his point. In order for a verdict to be reached or for it to stand, all aspects of a case have to be addressed. Everyone has to do their jobs well for the system to work. And I’ve seen sloppy prosecuting allow repeat offenders to walk.


But I also remember a case in which the police and county attorney utilized a thoughtful, thorough, and conscientious investigation to exonerate an innocent man who had already been tried and convicted in the court of public opinion. So there is evidence that the system can work when people want to put in the effort, and they see themselves as servants, not rulers. Or profiteers.

Speaking of the system not working, in the case of the Biden administration, we know that Biden and Co. see themselves as rulers, not as servants. And I often think that his nominees are nothing more than the DNC version of the Pirates of the Caribbean audio-animatronics, repeating the same lines with the same motions, which is the biggest qualification for the position du jour.  Case in point: Biden’s nominee for the First Circuit Court of Appeals, Michael Delaney. He is the former Attorney General for New Hampshire. According to CNN, during a Senate Judiciary Committee this week, Delaney found himself under serious scrutiny. Why?

Related: Top Law Enforcement Groups Line Up to Oppose Biden FCC Nominee

We need to go back to 2016. Delaney served as the defense attorney for the elite New Hampshire private school, St. Paul’s School. A lawsuit had been filed against the school over a sexual assault in 2014. 18-year-old Owen Labrie assaulted a girl by the name of Chessy Prout. Prout was 15 at the time of the incident. In an article for the Boston Globe, Jim Puzzanghera points out that Prout wanted to remain anonymous if the case went to trial. And there is no reason why, in a civilized and compassionate society, her request should not have been granted. Delaney had issues with that and filed an objection. The Prout family maintained that the move was designed to force them to accept a settlement. Chessy herself was enraged and went public with her experience. You can watch her tell her story here.


According to  a 2016 report by Today, Labrie was, “acquitted on three counts of felony sexual assault in August 2015 and convicted on three counts of misdemeanor sexual assault, felony illegal use of computer services and misdemeanor endangering the welfare of a child.” At the time, Labrie appealed the verdict.

When Chessy’s father, Alex, learned of Delaney’s nomination, the family tried to alert the government to Delaney’s actions in Chessy’s case. This included the person at the DOJ who was charged with vetting candidates and a Zoom call with staff members for New Hampshire Sens. Jeanne Shaheen and Maggie Hassan, who were part of the group that recommended nominees to Biden. Alex Prout said:

When the call was concluding, I just made sure to let them know that if it’s decided that this nomination goes forward . . . we will be very vocal in speaking out against it.

Chessy herself even sent a letter to the Senate Judiciary Committee. The letter was also sent to Biden and Kamala Harris. The letter stated in part:

If Michael Delaney is confirmed — if an attorney who brazenly intimidated a minor victim of sexual assault is given the distinct privilege to serve as a judge for the United States Court of Appeals — YOU are telling victims and survivors that you not only approve of victim intimidation tactics, you reward their enactors with one of the highest legal appointments in the state of Massachusetts.

And yet, here is Delaney, a Biden judicial nominee. So Biden knows. Harris knows. The Senate Judiciary knows. They can’t feign ignorance. Although Biden and his veep are apparently content to ignore the fact that Delaney tried to intimidate a child in order to try to win a case for a high-dollar client. Lindsey Graham was interested in hearing Delaney out, but Marsha Blackburn, John Cornryn, and Mike Lee were a great deal more suspicious. From CNN:


Tennessee Republican Sen. Marsha Blackburn said at Wednesday’s hearing that the position the school took under Delaney’s counsel was “disqualifying” and sent a “chilling” message to young women. Sen. John Cornyn, a Texas Republican, critiqued the legal authority that Delaney used to justify the school’s posture.

Sen. Mike Lee, a Utah Republican, suggested Delaney’s approach in the case went beyond “zealous advocacy” and into “some really murky hinterlands.”

Only two Democrats showed up for the confirmation hearing. Dick Durbin is still on the fence, for crying out loud, and Mazie Hirono of Hawaii said she was still inclined to support Delaney. Good job picking senators, Hawaii.

Is the Biden administration so clueless that they would even field Delaney for the nomination? Maybe. Or perhaps because Delaney is “one of them,” they just don’t care that this man would stoop to such levels to win a case. In either scenario, it should be very clear even to the Left just who is running the country right now. And quite frankly, it is time for Democrats to look at Durbin and Hirono and ask themselves what the party has morphed into. They won’t do that, mainly because to the Left, the average man, woman, and child is nothing but axle grease for the Progressive Machine.




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