tv Charlie Rose Bloomberg March 22, 2017 6:00pm-7:01pm EDT
>> from our studios in new york city, this is charlie rose. with thewe begin confirmation hearings for the supreme court nominee. judicialized he was asked by charles grassley if he would issues going after the president. >> that is a softball. i have no difficulty ruling against any party, based on what the facts of the case require and i am heartened by support i
have received from people who have recognized that there is no such thing as a republican or democratic judge. we just have judges. charlie: he was pressed on a number of issues. joining me is emily basil on from of the harvard law school. lawyers how to write. it is something we all need across the board. emily: indeed. charlie: how did neil gorsuch do? emily: he did well. he did not botch an answer. he did not give opponents
ammunition against him. he demonstrated fluency in the law without specifics that caused trouble. there is a question of whether the democrats have the kind of ammo they need to vote against the judge, as opposed to a symbol of the trump administration. he is not giving a whole lot of obvious talking points. it will be interesting to see how that plays and i assume that the republicans feel good about this. burden ofe has the proving he is independent. he asserted this with
confidence. addressedent that he questions, i think that he did that. charlie: anyone who believes in a neutral supreme court guided should opposece the nomination. emily: she is responding to aspects of his record that suggest he is not a strong supporter of civil rights, having world against workers and government requirements that companies provide contraception two female employees and he has ruled in a very of religious minorities majority rights at stake. charlie: he said that he is not an algorithm. emily: each hearing had ace emily paramedics or.
idenceo talked about presiden being a family history for the supreme court. i suspect he will be to the right. the political science analysis of his appellate court rulings suggest he will be with alito and perhaps to the right of sberts, in the place that calia would have been in. charlie: does he remind you of scalia? emily: no. they are a temperamental contrast. onlia was provocative off in the bench and gorsuch is gentle. in terms of their view of the viewsd there quite strict
-- there are quite strict views of interpreting the constitution. i think there is a resemblance. charlie: how does he resemble justice jackson? emily: he would argue that he believes in judicial restraint and he will not grab issues to decide that are not right in front of him. as an appellate judge, he has looked at narrow grounds. if he follows that path, it would continue that judicial restraint. white was a hero. past justice to compare himself to. conservativehighly , but on the conservative side of the ledger. what you have are touchstones
from the past that signal to republicans that he is what they hope and not touching off a firestorm with liberals. charlie: you suggest that he is asthe right, but as far alito, scalia, thomas? emily: justice thomas is on the right and there are issues where he would be more in alignment with thomas then roberts or alito, like the power of the administrative state. we have had a rule where courts differ to federal agencies to sort out ambiguous statutes and writing rules. judge gorsuch has questioned that precedent.
to theakes that you logical endpoint on the supreme court, he would tear down a lot of authority federal agencies have to craft rules and regulations. rules that a lot of career employees have crafted. out of thoseaken powers, it gets sent back to congress. charlie: issues of war and peace? he signed onto and helped shape some of the bush administration controversial policies. he supported a signing statement that president bush signed that retained his power to decide what is torture when congress was trying to take it away from him. on those issues, he comes across as conservative and a proponent
of presidential power. charlie: the rights of defendants? emily: judge gorsuch is open to claims of the fourth amendment. that are people who say there are violations of searches and seizures and gorsuch is interested in those claims. going back to school via any interpretation that gives people considerable freedom from police authority. this is a libertarian view. he has been quite strict about appeals from criminal defendants who say that they are innocent cases were the missed tried. -- mistried. gender: issues of inequality?
emily: he ruled against the government in the case for contraception. a lot of women and pro-choice groups are concerned. charlie: did he say anything that surprise you? emily: i wish i could come up with something. i can't. he was as expected. , he is onlyee partly responsible for the unsurprisingness. the hearings are scripted and there are very few moves that nominees make. they speak with fluency on cases and get pushed on how they would decide something and they said they have to keep an open mind. charlie: most of what we know is from decisions from the appeals court.
and a case is right that came up involved the , involvingucker case a trucker who was out on a cold night on the highway in his truck broke down. he called his company for help and the company said that he needed to wait. the trucker waited and started to worry that he was freezing. in the morning00 and the company gave him a choice of either staying with the truck or driving the load with the frozen brakes. andtrucker finally gave up went to a gas station for 10 minutes until the repair man came and he was fired. narrow statutory question about whether it was proper or not. ruled on it will this
case was on appeal and was decided by the department of labor. colleague sided with the trucker and gorsuch was against the trucker. he said that he regretted the ruling and that the law required him to side against the worker. i would argue that that is a narrow interpretation of the law and that he had a choice to make. strictwhat he saw as a interpretation with the company over the trucker who had a very compelling problem. charlie: his compassion with was with the trucker and he ruled with the company. into the case,o you see he has a choice where he could have ruled with the
trucker and he chose not to and it makes me wonder about values and equities he was weighing. charlie: do you think there was a legal basis? there i think it is clear was a choice. he argued he did not have a choice and he is an excellent writer. he is one of the best crafters of opinions i have ever read. he goes wavy on my course. he is an accident writer. you get caught up in the arguments. they seem inevitable. if you take a step back, you can see another argument that he is dismissing by making his argument seems strong. advise lawuld you students that the best thing you can do is to study literature
and writing as a prelude to law school? emily: it is important to be a good communicator as a lawyer and that the clarity of prose is undervalued in every possession -- profession. i would encourage people to become better, rather than worse writers. often, these decisions get caught up in personal frailties. ermsthey anything, in t of that? emily: there are a couple of female lost into took a course thics and they complained he described women
joining companies and getting pregnant. it made them feel that he was suggesting that women go to companies to get benefits and they are trying to pull one over on the employer. e, butaused a little rippl itdents defended gorsuch and is important to have room to raise controversial hypotheticals. need for a free give-and-take in the classroom, i don't expect this to cause problems. charlie: you are the granddaughter of a great judge, david bazelon. you decided to go to law school. you decided to teach something outside the strict discipline of law. emily: i love the privilege of asking questions that journalism
brings and i hope to use my journalism background to ask questions. i decided that i wanted to do the thing that i felt like i loved the most and that is getting to fill curiosity. like writing everything but the first draft. charlie: do you think he will be confirmed to mark emily: i do. i think that, if the democrats decide to filibuster, the republicans will feel like it is worth it to them to break the -- the filibuster. i think that this nomination is the smartest move trump has made his taking office. thank you for having me.
beginning with these changes, passage still remains far from sure. turn to al hunt. bob, you wrote about this. tell me where it is and the impact the president had. are all of the threats and promises in his hands? focusingmonths of him on executive orders and settling into the presidency, this is the first major legislative task. i was meeting with senators and congressmen and they said that theseesident plunged into conversations to pass these bills as planned and he wants a victory and he wants a win.
address thehas to issues that are political for him. >> exactly right and a lot of people inside the white house are uneasy about how health care is leading the agenda and they wonder about how this affects his race. some people have their plans phase out under the affordable care act and you see republicans and others in states with poor populations wondering if this is the right thing, considering this is a president that ran on fiery populism and not touching. charlie: what does this mean for the president? disaster.t would be a
a victory would be bad. a defeat would be worse. i think, if it was held right now, i would be talking to people on the phone. it will be that done. you mentioned medicaid for new york state and they said that medicaid would have a work requirements. i assume that more apply to nursing homes. you and i will be ok for on the tax credits, they instruct the senate to do this. achieve whatwill is essential for them and they will move it to the senate.
get aay even be able to deal through the senate. , i think this is a loser. bob told me 20 years ago that, which ever party owns health care, it will be a political loser. found that out and the republicans are about to. charlie: do you agree that it will pass by thursday? >> based on my counts at the capital, there are between what os, meaning then bill will fail. says that he wants to bring this to the floor and he believes that the republican
party has talked about repealing and replacing the affordable care act and they have to this. he is making the case to members that not moving on this would disrupt all plans. charlie: do you believe that he should have done tax reform first? >> you look at laura ingram and his friend who he hangs out with , the more populist side of the party says that he should have started with infrastructure and job creation and going with orion moved him in an ideological direction that wasn't part of why he won last year. torlie: this argument seems be a threat. he threatened the head of the freedom caucus. not sure what the reporting is
on that. >> he had a conversation and he said that they may go after you. he said it in a joking way that a lot of people saw as a failed threat. he wants them to know that he is an unpredictable president and he has a threat out there and he wants to be out there will stop >> is he the type of person who can say, "i need you on this. everything is at stake? stake?" to give him credit for being effective. the reason they want to bring this up first is because republicans worry about his
popularity being as great in a couple of months as it is right now among the base. get it and get it done now. againstat of primaries mark meadows is idle. imagine someone voting against this bill because it obamacareeal sufficiently. most who are undecided in those republican districts where trump remains popular, they will agree. i agree with bob and critics that steve bannon is not happy with this sequencing. this isn't going to happen in the next month or so. this is tying up the house and the senate and it looks like infrastructure is off.
charlie: tom cotton says should not vote for this bill and that it will do damage to the political future. cotton has many reservations, thinking this process is moving too quickly and is not thinking enough about the senate. trump has bought into the argument about moving on health care for now. he said he cannot wait to move on in trade. he is not deeply invested in and a loth care issue of these senate republicans are more moderate and they will take their time. thinks that this process could take months.
>> there was a big clinton there are house democrats will pay a price in the next election, voting for that. there is a fear that the senate will take care of that and they will be voting for some things. charlie: where are the democrats? >> this is easy. this one is easy. the three states that have had the biggest drop in the uninsured over the last year's art west junior, arkansas, and kentucky. trumps not good for the base and i don't think joe manchin will have any trouble opposing this.
charlie: there are issues that raise similar questions. candidate trump. >> i cannot think about what mick mulvaney donald trump have in common. this doesn't look like a donald trump hundred. there is more defense and more immigration enforcement. some of these other cuts, i cannot believe that the ban non wing is happy about this. >> steve bannon has talked about the deconstruction of the state.trators dive
way tove to find a offset military spending and they are taking the axe two departments. -- to departments. did these issues just come together at this time? >> this is a reflection of what they want, politically. most people in washington and the white house do not believe that the trump budget will pass or have heavy support in the congressional ranks. budget as as statement of how they want to rattle washington. charlie: there are factions at play. >> that is my story. charlie: a good story we were all talking about.
what is the reaction from the white house that suggested that there are factions, the new nonites?and the ban >> what do you think, charlie? they're calling you up. >> this was pulling off a scab. this dynamic has upended the dynamic. we have talked about steve bannon and reince. we have close friends working mp's daughter and his son-in-law who are worldly and seen as different types of
operatives in the white house because of their business backgrounds and their moderate tics. and priebus are now aligned, seeing these new yorkers as real challenges. terrific piece that captured something that had not occurred to a lot of us. bannon.t know steve da he has a worldview. he really has a worldview. some of us think it is dark, but it was attractive to donald if there are problems, failures, things going south, i have a suspicion that bannon may be more persuasive
than gary. charley: the question is, will he be more persuasive than ku shner. >> sometimes i see that he is on non's side and sometimes the other. he has gotten good press and has not offended either side. charlie: maybe he is shrewd. cagey.is and he is k.g he acts as a psychologist for these warring factions, bringing them into the couch in his office and he tries to mediate. this is his role.
press and heof the talks to his father-in-law constantly. nnon,rks closely with ba but sees the others in a favorable way. charlie: what about the secretary of defense, the secretary of state, steve 's deputyt treasury, deputy secretary -- his finance secretary, they seem to have served in other governments, like bush 43. >> all of them are trying to build a rapport with the president. personal relationships are so critical. that is what tillerson tries to do. he is in touch with jared kushner and you have the defense
secretary, mike mattis, who has a lot of respect for the president. steve mnuchin and jeff sessions have the closest relationship with the president,, because of the work on the campaign -- president because of the work on the campaign. merkel, insulting don't understand why he is not going to a nato meeting. things to other explain with rex tillerson stop >> where will he be? >> i do not know. he could be in russia. wherever he is going, it is hard to make the case that it is more important then nato.
ask questions, but the state department is like a black box. he sees no inclination that it is necessary. he doesn't feel like it is necessary for him, at this time will stop >> -- at this time. >> it is somewhat stunning he has no interest in communicating and talking with reporters. it is unusual. charlie: what did he do in his trip to asia? about actionalk against north korea and how to handle the bellicose north korea. >> these are things he has said. >> these are things he has talked about will stop >> substantively, -- talked about. >> substantively, what were the meetings like in beijing?
did he make progress there? normally, you spent time with the chinese and it takes a while before the story emerges. are secretary of state, you need to make sure that you have a good relationship with the president. >> certainly. charlie: this is a big week in washington. we have a confirmation of a supreme court justice and the testimony of the fbi director. we have a vote on replacement for obamacare. this is a heck of a week. >> it is only tuesday. t-rex we just got reminded of that. thank you for -- >> we just got reminded of that wil. thank you for joining me.
you know exactly what is in your heart. >> what has he been up to in that zoo? >> i am pleased to have her back at the table. >> thank you. it is good to be back. know about the story? >> i had no idea. and is based on a journal it is incredible. >> is it a story of courage and passion? >> all of the above. it shows another way to be a hero. heroes and she uses
love and compassion as a weapon against hate, saving hundreds of lives. she sacrificed the safety of -- she sacrificed her life for the safety of children. happiness into the lives of people. she loved every living creature this film really explores what it means to be in a cage. to possess andan own another living creature. did not make society healthy.
andhe decides to make this she is going to use them and eight not to experiment. there is a friend of the is based off now of a real man and he says he will save the animals and take them to a zoo in berlin and they will be alive and protected. >> he also has a thing for her. >> you discover that a little bit. she talked about how he has a crush on her and he really admired her work with animals.
>> it a story of commitment to people. >> hopefully. inspiration as to how to live your life. what theyople ask would have done. the answer is, whatever you are doing now is what you would have done back then. is so many people saying great bravery and that she simply did her duty and did what she should have done. knew that and she knew that from being around so many animals. >> daniel offers to take the
animals from the zoo. here it is. come.s is why i have you need to listen to me. you need to trust me. you know you can trust my word on this. i can return them to you. >> it is a terrible thought, i know. i must tell you that the allied forces are very weak. rescue the best of your briefs. we can save your animals together. what do you think.
>> i will do it as soon as i can. i give you my word. >> how did she use that relationship to her advantage. and there isharge this idea that they could smuggle the jews out of the ghetto by collecting trash. if they turn it into a farm, they can feed the paik's. there is this idea of you allow us to do this. under his nose and they are able to smuggle them out. >> his views about animals are
>> her parents were killed one night coming home from dinner and when they did not have any calluses on their hands, they shoy. -- shot. she fled violence and found her sanctuary in warsaw. she was a refugee and she and shea space of love in jews andggle hide them there. she knew the animals had healed her and they would be helpful in healing the people. are you looking for, in terms of insight into the character? >> anything they say about themselves is helpful,
zooi was lucky to go to the before we started shooting and they had everyone. teresa and i talked to her about her mother and how she saw her mother. she said that she never saw her what kind of animal would she be. she said that she would be a cat. so, all of these inks were femininitycreate the ark and she is very shy. left ande women are
they came together as and it was even stronger. what was your favorite? >> the tree of life. >> the director was? >> terrence. a great homemaker. in 2011.red the film why are you working so hard? i was always searching for female characters and representations that would inspire. thinking we can do anything we want to do and he anything we want to be.
have female politicians and we learn that it is not possible for us. i want to create that presentation in the media. am commanding a mission to mars and i want young girls to see this. it is possible. women should not be told that they are limited because of their gender. girls will be grateful for getting paid and speak up for what they deserve. >> you are doing that now? what definitely. i am definitely doing it. >> do you miss broadway? >> i do and i do not.
and the lastback time was so dark. i am craving laughter. >> you are searching. >> something old fashion. a little neil simon would be fun. >> you work so hard because you love it? >> i work so hard because this does not feel like work. if you feel like you are not working, you are not giving yourself time to rest. you are onebout how of the lucky ones who does exactly what they love. realizing that this is what i was going to do with my life, it was just so easy to go forward. i had this dream.
i had a goal. it took so long to find a passion. many don't find a passion in life. >> you find something to do. >> it works for them. >> it doesn't feel like work. it feels bigger. a female protagonist, stunt coordinator, production designer , so many incredible woman on this film. to tell this story is bigger than my life. >> is good good? >> good is good. women can direct action films. filmmaking has no gender. 90% of films are only from a
caucasian male point of view. you don't have diversity in storytelling and you are only getting a side of life. the great thing about being human is learning about people. >> you got a little bit about that with moonlight. to be honest, that was my favorite film of last year. >> that one told a simple story. >> i remember broke back mountain being of four the oscar and losing. is the academy so old fashioned? moonlight wins and i think we are moving in a good place. >> great to have you here. but right to see you. great to see you. thank you for joining us. see you next time.
♪ >> five dead and 40 injured in britain's worst terror attack in a decade. parliament will meet as usual, later. >> the pound held steady as the drama unfolded, while the yuan at its highest in a year. >> a mixed day in the asia-pacific with the strong yen weighing on stocks in japan. >> the chinese premier arrives in australia. ties, trade, and