One of President Biden’s judicial nominees is seeing his past actions come back to haunt him, as a sick incident from earlier in his career was brought up during his confirmation hearing.
On Wednesday, Michael Delaney, who was nominated for a seat on the U.S. Court of the Appeals for the First Circuit, was grilled by Senate Republicans at his confirmation hearing. The senators probed for details regarding how a prestigious New Hampshire private school Delaney represented dealt with a sexual assault case in 2015.
The case in question revolved around 15-year-old Chessy Prout, who was raped by a male student at St. Paul’s School. Delaney represented the school in the civil case that followed and, according to Bloomberg Law, he, on behalf of the school, made an effort to strip Prout of her anonymity during the proceedings.
Now, after his nomination to the appellate court, Senate Republicans are grilling him for what, according to the Prout family, they said were Delaney’s intimidation tactics to shut up their daughter in order to protect the school’s reputation.
GOP Sen. Marsha Blackburn of Tennessee expressed absolute shock and horror that Delaney would be willing to defend the school, while refusing to ensure that the victim’s right to anonymity was protected.
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“I was taken aback that you would’ve thought a minor child who had been sexually assaulted did not deserve protection,” she said. “I think it is chilling the message this sends to young women.” She added that such action disqualified him from serving on the bench.
“I was taken aback that you would’ve thought a minor child who had been sexually assaulted did not deserve protection. I think it is chilling the message this sends to young women.” – Senator @MarshaBlackburn on Michael Delaney’s “disqualifying” past conduct pic.twitter.com/pWYyk226hS
— JCN (@judicialnetwork) February 15, 2023
Her sentiments were echoed by Missouri’s GOP Sen. Josh Hawley, who said, “I’m astounded that you’ve been nominated … People who put sexual assault victims through this kind of torture — shouldn’t sit on the bench.”
“People who put sexual assault victims through this kind of torture — shouldn’t sit on the bench.” – Senator @HawleyMO on Biden judicial nominee Michael Delaney pic.twitter.com/FSzsrsxw65
— JCN (@judicialnetwork) February 15, 2023
Utah Sen. Mike Lee said that such a move was unprecedented in legal proceedings. “I’m not aware of any courtroom in America … where the victim wouldn’t be allowed freely to choose to protect her anonymity.”
“With regard to a child victim, I’m not aware of any courtroom in America where a child victim — whether still a minor at the time of the trial proceedings or not — where the victim wouldn’t be allowed freely to choose to protect her anonymity.” – @SenMikeLee pic.twitter.com/CZTfEYBthB
— JCN (@judicialnetwork) February 15, 2023
But the most damming indictment of the judge came from Texas GOP Sen. Ted Cruz, who read word-for-word from the letter that Delaney composed requesting that Prout have her anonymity stripped.
Cruz also said that Prout was victimized on three separate occasions: first when she was raped, second when she was stripped of her anonymity and third when Delaney, the man who stripped her of her anonymity, was nominated by Biden.
Cruz then made a shocking statement: “There’s a reason why almost virtually every Democrat has skipped this hearing — they’re embarrassed about this nomination.”
It’s worth watching @SenTedCruz fully excoriate Michael Delaney for his past “victim intimidation tactics.”
“There’s a reason why almost virtually every Democrat has skipped this hearing — they’re embarrassed about this nomination.” pic.twitter.com/sJhdQcDkgg
— JCN (@judicialnetwork) February 15, 2023
These revelations are absolutely horrifying and quite sickening. As a child victim, who was still a child at the time of the trial, Chessy Prout deserved to have her anonymity protected, but she had it stripped from her by a man more interested in defending the reputation of his elite clients, than in respecting the rights of a 15-year-old victim.
Blackburn, Hawley, Lee, and Cruz are right. There is absolutely no reason that Michael Delaney should even be having a confirmation hearing, let alone be allowed on the bench.
