Sen. John Kennedy, left, questions Charnelle Bjelkengren, right, on Wednesday. (@kylenabecker / Video screenshot)
Joe Biden nominated Washington State Judge Charnelle Bjelkengren to the federal bench last September, a lifetime position, touting her diversity and boasting she was “extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution.”
Bjelkengren, however, embarrassed herself under questioning by Sen. John Kennedy (R-LA) at a Senate Judiciary Committee hearing when she could not answer basic questions that go to the heart of being a federal judge.
According to Reuters, Bjelkengren has now withdrawn her nomination and asked the White House not to resubmit her name for consideration after her nomination expired at the end of 2023.
“I asked the President not to re-nominate me due to the uncertainty of my confirmation, and in order to advance the important work of the federal judiciary,” Bjelkengren told Reuters. “My hope is for the swift confirmation of the next nominee.”
JUDICIARY: At yesterday’s Senate Judiciary Cmte hearing, Sen. John Kennedy (R-LA) asked Judge Charnelle Bjelkengren, Pres. Biden’s nominee to be US District Judge for the Eastern District of Washington, what Articles 2 and 5 of the Constitution do, but she was unable to do so. pic.twitter.com/VqgQDsKmmg
— Forbes (@Forbes) January 26, 2023
Kennedy, “Judge, on the far end, tell me what Article V of the Constitution does?”
Bjelkengren, “Article V is not coming to mind at the moment.”
Kennedy, “Okay. How about Article II?”
Bjelkengren, “Neither is Article II.”
Kennedy, “Do you know what purposivism is?”
Bjelkengren, “In my twelve years as an assistant attorney general, in my nine years as a judge, I was not faced with that precise question. We are the highest trial court in Washington state, so I’m frequently faced with issues that I’m not familiar with, and I thoroughly review the law, I research, and apply the law to the facts presented to me.”
Kennedy, “Well, you’re going to be faced with it if you’re confirmed, I can assure you of that.”
Kennedy (a few minutes later): “Judge on the far end, can you tell me what the independent state legislature theory is? I’m just asking you not what your opinion of it, what is it–it’s before the Supreme Court now.”
Bjelkengren, “In my twelve years as an assistant attorney general, and…”
Kennedy, “Right (heavy sigh).”
Bjelkengren, “That doctrine was never presented to me.”
Reuters reports that law clerk Colleen Holland, who was also nominated to become federal trial court judge, also withdrew her name from consideration, citing “a personal decision made after careful consideration.”
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