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For controversial judicial nominee, another wrinkle on the way to the robe

A nominee by President Donald Trump for a lifetime position on the federal bench in Alabama has already been graded “unqualified” by the American Bar Association, hasn’t ever argued a motion or tried a case and failed to disclose that his wife works for the Trump administration.

And, Brett Talley’s march toward a judicial robe just got a new wrinkle.

Multiple news outlets, including and, have identified the 36-year-old Talley as the author of a post defending the honor of an early Ku Klux Klan leader.

The post on, made in February 2011 by BamainBoston, took issue with another post criticizing Mississippi’s plan to honor Confederate general Nathanial Bedford Forrest on a license plate.

Buzzfeed reported that “BamainBoston” also posted a Washington Post story about Talley from December 2014 with the note “Washington Post Did A Feature on Me.”

Forrest was an early leader of the Klan after the end of the Civil War in 1865. He also was accused of war crimes for allegedly allowing his soldiers to massacre hundreds of black Union troops and white Southern Union prisoners at the Battle of Fort Pillow in Henning, Tennessee.

In the post, BamainBoston wrote that Forrest only joined the Klan after “the perceived depredations of the Union army during reconstruction” and that the organization was “entirely different” than the KKK of the early 19th century.

“When the Klan turned to racial violence, he distanced himself from the organization as he long supported the reconciliation of the races,” BamainBoston wrote.

BamainBoston’s history is a bit off. First off, there was no Klan in the early 1800s, but the group experienced a revival in the early 1900s and stood for white supremacy and opposed federal efforts to help freed blacks.

Forrest is generally regarded as the first Grand Wizard of the Klan who didn’t disavow the group’s tactics until later in his life.

Talley didn’t disclose those writings on his U.S. Senate questionnaire, which asked nominees to list published materials they have written or edited, including material published only online.

He also failed to disclose that his wife, Ann Donaldson, is a lawyer in the White House counsel’s office, a point specifically queried under the heading of family members who are “likely to present potential conflicts of interest.”

Talley, a senior official in the Justice Department’s Office of Legal Policy, was approved by the Senate Judiciary Committee for a seat on the bench in the Middle District of Alabama before the omissions came to light.

He has not been scheduled for a vote in the full Senate yet.

Whether the disclosures will throw a wrinkle in the GOP’s plan to stack the federal bench with conservatives is unclear.

Photo courtesy The Washington Post



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