Sen. Al Franken Grills Neil Gorsuch on Frozen Trucker Case in Extended Questioning
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- Опубліковано 23 бер 2017
- democracynow.org - We feature an extended excerpt of Senator Al Franken (D-MN) grilling Supreme Court nominee Judge Neil Gorsuch during his Supreme Court confirmation hearing about the so-called frozen trucker case of Alphonse Maddin. Gorsuch ruled it was right for Maddin to be fired after he disobeyed a supervisor and abandoned the trailer that he was driving, because he was on the verge of freezing to death. "It is absurd to say this company is in its rights to fire him because he made the choice of possibly dying from freezing to death or causing other people to die possibly by driving in an unsafe vehicle," says Sen. Franken. "It makes me question your judgment."
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This man can't even answer a hypothetical question and he wants to be a supreme court judge? Sad.
Let's put Gorsuch out in 14 below zero weather for 3 or 4 hours and see if he changes his mind.
Bernadette Hurst i can get with that. Let's.
Bernadette Hurst-I just thought the same thing! This is the definition of the Concentration of Wealth and Power from Requiem for The American Dream. It's on Netflix. Regardless of party this is a must see for evey American.
Judges don't write laws, they interpret them. If you actually read and comprehended his dissent, you would know that he noted that their wasn't a law that protected the trucker. He would've gladly applied the law if it existed but Judges don't create laws. You're using your emotions to reason instead of logic.
That's one of our nation's problems, Judges in the business of writing law. When they do that they are taking power from the legislators, there is supposed to be a separation of powers. When one sphere of power encroaches on another it takes away the balance. When it gets off balance it starts to wobble and eventually flies apart.
Set aside your emotions and use logic based on facts.
dvrmte that is a lie. In fact the law is read by the senator during this question and then the judge was asked how or what part of this law did he use. In the law, it states that the trucker can't be fired if the equipment is not safe and pose a threat to the public or the driver.
Nice try though.
The judge is a racist.
***** I LOVE HAVING NEW INSULTS TO SLING.
"pusillanimous prick"
"The engine was designed to be incapable of idling and the heater in the bunk area of the cab wouldn’t work.
“I bundled up in a blanket as best I could and lay on the bunk,” said Maddin.
He woke up three hours later with no sign of a repairman, blue with cold and numb.
“I couldn’t feel my feet,” he said. The temperature gauge inside the cab registered -14F."
I lived in Northern Michigan when i was in the US Air force , Freezing to death is common in the far north , One time i walked to my car at night 15 below .As soon as sat down , my whole body started to shake i could not get the key in the ignition .This went on for a minute ..Deep cold is no joke ,, People would get drunk and fall asleep in there cars and be found dead in the morning ...
your anecdote is useless, you're talking about townies getting drunk and sleeping in their cars, while this is a man doing his job and dealing with a situation nobody wants, mechanical problems in freezing weather... you seem intent on pegging this man drunk, do you work for transam or something?
Most of the population of Canada live with end 100 miles of the US border .Not that much colder ,
As a progressive ive been disappointed many times by the promise of al's service, but when given a layup he sure knows how to slam dunk it.
Al Franken is on fire !
Chris topher Mata "fi", that is hotter than fire. LOL
Al Franken isn't just an informed and competent senator, he is also a person of integrity and goodwill -- a true servant of We The People.
Now I have a career in identifying of absurdity AKA b*******
WTF? Sleaze can't even say that he wouldn't want to be on same highway with an impaired driver. Also, as a former trucker, I can tell you that driving with a frozen trailer brake can lead to a tire fire, also unsafe and possibly risky to the cargo.That driver absolutely made the right call. You should know that drivers are treated that way every day in the trucking industry - to some companies, loads are more important than the driver's life.
Senator Franken has not escaped his former occupation, but has built admirably on his employment experience!
Tolba Szy What? I don't remember him doing skits in diapers here but will his method and line of questioning.
Franken never should have resigned. We need people like this even more.
Al Franken for 2020! America needs a president they can laugh WITH, not AT.
TheDivine MrM his annual press dinner would be lit! 😁😁
AF, buddy, AF!!!
He bears an UNCANNY resemblance to the great comedienne Lewis Black too - Love this guy
Dr. Gorsuch was rightfully scolded here. He has a MO that is deplorable because he trusts that the laws are good enough to uphold, even when they are obviously not. His confirmation would be a grave mistake because it would easily allow for unjust, racist, sexist, ageist, and other discriminatory laws, which have existed in the USA, to be continuously enforced. After reading his book on euthanasia, I conclude that he is an excellent researcher, but all of his points just concern decisions within courts of law rather than any experiences that the people undergo. It appears obvious to me that he would be absolutely shattered in an ethics debate by even undergraduate philosophy majors.
Totally agree. I always saw right from the start that he is a wolf in sheep’s clothing 😢
I also knew I was right to say, don’t let gorsuch’s soft calm friendly speaking demeanor and him sounding very knowledgeable about the law profession fool you.
He’s a devil that’s out to think of being a judge as a fun power toy to play with
For a comedian, Al Franken can be really serious and intimidating. If Gorsuch wasn't such a heartless pig I might even had sympathized with him for having Franken as his opposition.
Yep. Elections have consequences.
Drain the swamp, yeah?
you forgot the other stuff when Franken spent 30 minutes questioning him about his ties to Russia
Gorsuch would have driven the cab to the gas station and saved his life, then fired himself for insubordination. There should be an end to all "Special Ed" classes'. Just rename them: "Remedial Republican Ed."
I'm glad I never did work for TRANS AM Im glad I got out of the whole truck driving industry period
That's a "Pro-Life" judge right there.
Thank you Al Franken!
Gorscuh's judgment is obviously wrong. His defense of himself is effusive and arrogant.
"freeze... to...... death". that was tickling.
Senator Franken is my hero
Gorsy, youre incompetent by virtue of inhumanity…
Al Franken for President. Who's with me?
Daniel Bradford hell yea our pal al !!!!!!!!!!
The Twenties can be the Al Franken Decade (again). His time has come 'round at last when everybody will be thinking about him, Al Franken.
Daniel Bradford I believe he may be preparing for a run.....or just doing the job he was voted to do!!!!!
Driver operated to best of his ability first of all to " Possibly Save his Life". Yes you can't / should not operated Commercial Truck in Usafe Manner FMCSA but there are Exceptions . I think "Trucker " , should be nominated to US Supreme Court .
Brilliant journalism! Thank you Democracy Now.
"Need a match, nevermore shall we read in the dark!"
Al Frankenstein is the man!!!' He is on fire- The other guy who uses the word empathy so freely but possesses none- in fact he doesn't know what it is - is a waste of space. What happened to the poor Truckie? I hope someone hired him for a super job!!
🎯🎯 gorsuch is a devil in a judges robe
I would have left and stayed someplace until company called and they said they were at the truck.
Sanders/Franken 2020!
Pro-business means Only Businesses Matter, not the people.
Sen. Al Franken, of all people, seems to be the only principled Senator in the entire Congress nowadays.
If that's the case then you have to get rid of the other 8. Which one exactly isn't a corporate apologist?
I think of this often. This is how you should judge judges. Franken was amazing sometimes.
Tom Davis would be proud
I would have turned the truck on, open the hood and sit next to the engine. Would have warmed up quick.
Thanks for getting to the root of this exchange.
AI Franken's the man! Go get 'em.
So proud of Al!
companies can sometimes pull a to one. What company did the man work for?
Judge Neil Gorsuch is almost identical to the late Judge Antonin Scalia when it comes to deciding court cases.
Hmmm, I doubt Justice Scalia would’ve acted this heartless over a helpless driver. I disagree with you
This guy is a Monster.
gorsuch is a devil
AL2020!!!
i had heard about this case and always I thought the trucker was white.
wiggle wiggle wiggle~
Clearly we all need more comedians in politics
The law states that a person may not discharge an employee who refuses to operate a vehicle because the employee has reasonable apprehension of serious injury to the employee or the public because of the vehicle's hazardous safety or security condition. Therefore the driver had a right to refuse to operate the vehicle in the way the supervisor demanded, and elect to operate it in a safe, in fact life saving, way. The judge, Neil Gorsuch, is not only a sociopath, he's a fool.
No, unfortunately he’s just a run of the mill Republican
Go Al!
Fuck yeah!!!
This shows what a cruel judge gorsuch is. He even ruled against a kid that’s autistic 🤦🏼♂️lol. Heartless
(Still, I'm curious if the TransAM driver was a "contractor" or employee, and if the truck was his. If it was his, the company was going to fix his busted truck,)( if not, yes the company would have been negligent. You generally have just a thick vinyl sheet or curtain to pull down to separate the sleeping area from the cab. Also, why couldn't the trucker not run the engine for heat and not the )bunk heater in his situation. You can idle a diesel for a long time. (Guy must have already been feeling the effects of hypothermia for just being idle for an hour. Then the dude freaked out in )2 and a half hours, the brief states, there is no medical report other than a defense witness from a medical board as to hypothermia. He then left thousands of dollars by the side of the road.
Anyways, the Trucker won the case 2 to 1 and was ordered to be reinstated by the company, the guy took a settlement.
My speculation is in the parentheses.
Oy Vey...
I was watching when this went down. It wad great to see mah boy Al for busting some ass. All of the people who want the judge in the supreme court were just using their time to tell stories about the rodeo and whatever they could find to try to humanize this guy. Out of all the people I watched, Al was the only one to really be able to catch the judge off his guard.
BERNIE SANDERS & AL FRANKEN FOR 2020
Al you are an absurdity. The vehicle was determined not safe and should not be driven. The driver risked others on the road.
Celtic Dude The brakes on the trailer were bad and he unhitched the trailer before driving.
Yes but the driver is not a mechanic so it was not his job to make that choice. The company did not have to fire him. But if you follow the law the company had the right to do so. All Gorsuch did is back the law and companies rights. If every one wants to get bent. Take it out on the company and the manager on duty that night.
It was the truckers right to do what he had to do, but it was the companies right to hire/fire as they see fit. Are the democrats suggesting we should all be entitled to jobs from which we can never be fired?
If you really take the time to listen carefully, you'll realize Al said it himself, he said by "plain interpretation of the text" the law is absurd, which is true, This is not Gorsuch's fault because he is just a judge, and it is merely his job to uphold the law no matter how crazy it may be.. I'm surprised that people are so mad at him as if he MADE these laws.
then why did the other judges (the 7) rule in favour of the trucker?
Tuko Pomwene the law is not absurd, interpreting it literally in this case is absurd. the law assumes that only driving the vehicle could endanger the trucker or the public. in this situation not driving wouls have done so. the law can never fully anticipate any given constalleation of factors, thats what judges are there for....
Tuko Pomwene : You did not listen to what was said. That is not what was said. The law us not absurd. The judges interpretation and input outside of what the law states was
ok, lets get into the technical details so you can fully understand this:
The Department of Labor says that TransAm violated federal law, in particular 49 U.S.C. § 31105(a)(1)(B). But that statute only forbids employers from firing employees who “refuse[] to operate a vehicle” out of safety concerns. And, of course, nothing like that happened here. The trucker in this case wasn’t fired for refusing to operate his vehicle. Indeed, his employer gave him the very option the statute says it must: once he voiced safety concerns, TransAm expressly , and by everyone’s admission , permitted him to sit and remain where he was and wait for help. The trucker was fired only after he declined the statutorily protected option (refuse to operate) and chose instead to operate his vehicle in a manner he thought wise but his employer did not. And there’s simply no law anyone has pointed us to giving employees the right to operate their vehicles in ways their employers forbid. Maybe the Department would like such a law, maybe someday Congress will adorn our federal statute books with such a law. But it isn’t there yet. And it isn’t our job to write one - or to allow the Department to write one in Congress’s place.
As for the other Judges this was Gorsuch's response: " In their view, an employee should be protected not just when he “refuses to operate a vehicle” but also when he “refuses to operate a vehicle in the particular manner the employer directs and instead operates it in a manner he thinks safe.” Yet those words just aren’t there; the law before us protects only employees who refuse to operate vehicles, period. Imagine a boss telling an employee he may either “operate” an office computer as directed or “refuse to operate” that computer. What serious employee would take that as license to use an office computer not for work but to compose the great American novel? Good luck."
The people who are cheering Franken, who in my opinion never stopped his career of absurdity, have no idea how the government works. It is the role of a judge to INTERPRET LAW not feelings, not stories, not scenarios JUST LAW. It is Congress and the Senate's job to MAKE LAW. If there were bad laws that allowed a Judge to rule in a certain way it is the fault of those who Make law not those who interpret it. Al Franken has been nothing more than an idiot back bencher since he was elected by the same people who elected Jesse Ventura and Michelle Bachmann.
if you were a lawyer, would you want your case heard by this judge if you know he is biased against your client??
ERX, your partisan bullshit and blind idolatry holds no sway when the Senator is clearly speaking the truth. Listen AGAIN to the reason and common sense of Franken right here and then make a reasonable rebuttal. I'll wager my next paycheck that you can't.
So first if you had an actual argument I would give you a rebuttal. However saying I am speaking "partisan bullshit" by saying a judges role is to interpret law just shows your ignorance. Speaking of partisan let's take a quick peek at your youtube profile. Yup, as I expected filled with Elizabeth Warren, Nancy Pelosi and anti right wing likes.
Based on your political beliefs either your paycheck is not worth my time or I am paying for it with my taxes so you can keep it.
I partially work in the legal field and I can tell you that I would always want a judge who reads the law as it is written and does not imbue some sort of activism into it. If its a bad law it is the fault of the legislative branch not the judicial.
Incidentally this is why having lobbyists is so bad. Because they push bad laws.
Oh zip it! If you'd listened to this you wouldn't be defending him. Seven judges, six ruled in his favour, one did not: Gorsuch.
how about you senator?
ever drive a broken truck in - 14 degrees ?
unlikely!
not a lawyer either!
Goo goo gaga. Coo Coo. Beep bop bop boop. mesa James Oates and mesa speakishis engrishises. mesa likes the gun and mesa no likes the balcks.
I agree. Only truck drivers/ lawyers should be able to decide this case. Just like murder trials should be judged by murderers/lawyers. Why are we letting all these people inexperienced non murderers decide all these cases?!
If The CAB engine was running ,why did the heater not work in park .. Why did the idiot truck diver not have a small electric heater that worked off the lighter in the cab . The guy was drunk and did not want his company to find out ..
heaters can break, a/c can break(happened to me in NOLA in the summer, dispatch is generally unconcerned about your welfare, just the load and equipment), if it can break it will when you drive over the road... declaring the man drunk without any evidence is just ignorant, you did catch that his trailer brakes were locked up and that's why he was stopped on the side of the road and not because he was taking a nap to sleep something off.
If the Air brakes are not serviced correctly and are over used because a drunk is driving they will lock up ..This truck driver story is full of holes ..The heater worked when he drove away , BUT not when he was parked with the engine running ..I am a mechanic i know what i am talking about ,You office workers don;t know dog crap ...
Heartless a song by HEART
Go back to SNL....
No, YOU go back to SNL!
I wish he could do both
Jason Oh wow you got me with that one.
Dan Harris they all are. The whole thing is a sham. Paid for life, with full benefits. For a few years of work.
And never have to explain themselves or get fired.