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ABC News fact-checks Sen. Josh Hawley's 'attacks' by noting that Kentanji Brown Jackson's lenient child porn sentences are 'mainstream'

We’ve already given you NBC News’ “fact-check” of Sen. Josh Hawley’s accusation that President Joe Biden’s Supreme Court nominee, Judge Ketanji Brown Jackson, has been lenient in sentencing child porn offenders, pretty much letting them “off the hook.” NBC’s fact-checkers noted that “it is not a radical view” that some sex offenders involving children have nonsexual motivations.

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Now ABC News is up to bat with its “fact-check,” and they’ve really got Hawley in a corner now. They did some digging and found out that Hawley had previously voted to confirm judges who’ve also let sex offenders off easy … which just goes to confirm what Hawley said. ABC News’ Devin Dwyer concludes that these minimum or shorter sentences for child porn are “mainstream.”

Ah, “critical context.” Let’s hear it:

While court records show that Jackson did impose lighter sentences than federal guidelines suggested, Hawley’s insinuation neglects critical context, including the fact that the senator himself has voted to confirm at least three federal judges who also engaged in the same practice.

“If and when we properly contextualize Judge Jackson’s sentencing record in federal child porn cases, it looks pretty mainstream,” wrote Doug Berman, a leading expert on sentencing law and policy at The Ohio State University School of Law.

So court records show just what Hawley said they showed. Hawley’s press secretary sent this out Monday:

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Yeah, but that’s mainstream.

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The problem here, as Dwyer puts it, is that Jackson’s confirmation hearings kick off with “a flurry of misleading allegations” by Hawley … even though his fact-check just said that Hawley was right.


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