Brett M. Kavanaugh

speaker

21,539 appearances 451 recordings 1 series first heard Jan 2018 last heard 29 Apr

Brett M. Kavanaugh’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 53 in all, peaking in Mar 2026 with 10.

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Supreme Court of the United States · Fernandez v. United States (24-556) · 12 Nov 2025 court

Isn't the question rather whether they have authorized this kind of motion? podcast-host

But the commission hasn't in turn. podcast-host

said that this kind of legal error is a basis for this kind of motion, correct? podcast-host

At at this point, the Commission has not spoken to that. podcast-host

The Commission should be a very important thing to do. podcast-host

And shouldn't that be or how relevant should that be in in how we think about this? podcast-host

In other words, the Commission could podcast-host

subject to ch legal challenge, but it could identify this kind of circumstance as the basis for such a motion, but it has not done so even though it has been authorized, as you say, by Congress to uh elaborate on what what the podcast-host

But the sentencing commission, like Congress, has not podcast-host

uh authorized or envisioned or articulated anything close to this kind of legal error being the basis for um this kind of relief. podcast-host

And that concerns me because as Justice Kagan said, you don't see anything podcast-host

Suggesting that Congress wanted a do-over kind of statute. podcast-host

But you don't see anything from the Commission either. podcast-host

Your case would be obviously quite a bit stronger if you had the Commission having identified this as they podcast-host

of all, as Justice Alito says, I think they'll be far more common that they are they're brought, so that'll be a whole new docket, um, one imagines, of of these kinds of podcast-host

motions. podcast-host

But but how do we know podcast-host

that individual district judges are gonna, as your word, m be modest or routinely deny these. podcast-host

Well, Your Honor, podcast-host

haven't seen in the circuits that have allowed it, we haven't seen it. podcast-host

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