But a clip of one of President Trump’s federal judicial nominees struggling to answer rudimentary questions about the law garnered well more than 1 million views in a matter of hours on Thursday night and stoked speculation that another of the president’s nominations might get derailed. ...This is amusing, but the Daubert standard is not used in federal courts today, and there is no reason for a federal judge to know what it is. It was used from 1975 to 2000, and was defined:
“As a trial judge, you’re obviously going to have witnesses. Can you tell me what the ‘Daubert standard’ is,” the senator asked, referring to a critical and well-known rule on using expert testimony in federal court.
“I don’t have that readily at my disposal,” Petersen said. “But I would be happy to take a closer look at that. That is not something that I had to —” ...
When video of the interrogation made its way online, several high profile law professors tweeted their surprise.
“Don’t want to beat up on the guy but the questions he was being asked could be answered by a second year law student,” wrote Aderson Francois, a professor at Georgetown Law. “Even if you know zero about evidence the one doctrine every law student knows is Daubert because it’s a very famous case about standard to admit expert testimony.”
Anthony Michael Kreis, a professor at Chicago-Kent College of Law, said it was unreasonable to expect Petersen to have recently studied the Federal Rules of Civil Procedure, a lengthy and complex document. “But,” Kreis added, “if you have little or no trial experience, I’d hope you could speak a little bit about the law with some degree of sophistication. Daubert is pretty basic.”
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.The current rule is:
RULE 702. TESTIMONY BY EXPERT WITNESSESAs you can see, the current rule goes beyond Daubert by requiring sufficient data and reliable methods.
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) The testimony is based on sufficient facts or data;
(c) The testimony is the product of reliable principles and methods; and
(d) The expert has reliably applied the principles and methods to the facts of the case.