CNN’s legal analyst Jeffrey Toobin defends more lenient sentences for child porn offenders

Toobin argued that sentencing guidelines for child porn happened 'pre-internet' era.

CNN’s Jeffrey Toobin defended Judge Ketanji Brown Jackson’s leniency on child porn offenders when discussing the ongoing Senate hearings for her Supreme Court confirmation.

On Tuesday, Jackson addressed Sen. Josh Hawley's, R-Mo.,  criticism against her about her sentencing record of being more lenient towards child porn and sex offenders. 

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Appearing on CNN’s "At This Hour with Kate Bolduan," Toobin agreed with Jackson’s argument that current child porn sentences have yet to be adapted for a "post-internet" society.

"I remember, when I was an assistant U.S. Attorney back in the ’90s is that when those sentencing guidelines were written for those cases, that this was a time when the people who committed these crimes would order individual photos and get them usually through email, and then they would be sentenced based on the number of photos they possessed. This was all pre-internet," Toobin explained. "So once the internet came in and people got access to hundreds and then thousands of photos, the sentencing guidelines would reflect hundreds and then thousands of photos. Federal judges have been struggling with the issue of how do you create a fair system that was designed pre-internet, yet you have to sentence people post-internet."

Lawyer and author Jeffrey Toobin was suspended by the New Yorker and is stepped away from his job as CNN’s senior legal analyst. He returned to the network after an eight month break.  (Photo by Evan Agostini/Invision/AP)

Jackson made similar comments when asked about her previous sentences by Sen. Dick Durbin, D-Ill.

"It wasn’t like she was letting these people go, but they were somewhat less than the guidelines because the guidelines had not been adapted for the internet era," Toobin said.

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In 2020, Toobin was fired from his position at The New Yorker for masturbating during a Zoom call with colleagues. While he was absent for eight months from the liberal network, Toobin returned to CNN in June 2021. 

Supreme Court nominee Ketanji Brown Jackson testifies during her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, Tuesday, March 22, 2022. (AP Photo/Andrew Harnik)

Jackson continues to face questions from the Senate Judiciary Committee about her nomination to the Supreme Court. President Biden selected Jackson as his nominee in February after Justice Stephen Breyer announced his retirement from the bench. If appointed, Jackson will be the first Black female to serve on the Supreme Court.

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