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tv   Senate Judiciary Committee Democrats Hold Forum on Judge Merrick Garland  CSPAN  May 19, 2016 12:45am-1:52am EDT

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preliminary negotiations with a look-alike and then they will make sure that it will submit to the people in charge to have some say over it and then taking into account to fully recognize he has had great power and knows how to maximize that that the rnc knows that could only help them to reach millions of potential voters to blow them out of the of water. >> having a famously small campaign team the same people working with him on his campaign with a whole
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convention team talking to different consultants how to doodad and at the end of the day it is up to donald trump is the ultimate consultant. and with those nuts and bolts and to be rest assured if he is involved in every single detail. >> and he talks about the arena of the ku of a relatively tight space with the media and the delegates. sole logistically what will this look like? >> you will have all of your delegates in the huge number of media to of the dignitary
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in the staff in the affair candidates it is a smaller every now. secret service has set up shuttles to bring the press to the actual arena in the new credential process in place that has just guarded everybody that will be in certain areas go to a specialized area. not only how looks also rearranging a will be presented to also hold the press experiences the convention. >>host: focusing on the republican primary -- party using the celebrity we -- billionaire is revamping everything but does this put any pressure on the democrats and the likely nominee of hillary clinton
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and what they will put together in philadelphia this summer? >> i think they are keeping that in mind because similar to how the debates have drawn in more viewers it is up question of their message getting out there to more people and the democrats message and they will keep that in mind. and also keeping close to heart because there is no nominee yet then they will have a better idea of what that looks like but i doubt we can expect the attempt to wrap this up and they will be focused on the own convention the first female nominee and focus on that almost assure the you could expect these could amount to
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like hillary clinton and katie perry will be there in full force. >> but those likely to go by the wayside? >> definitely we have seen that traditionally the way things are done is not how he operates. >> thanks for your time
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>> congratulations it is your day celebration. >> your choices will make all the difference to you and to all of us. don't be afraid to take on cases where new jobs or new issue that stretches your boundaries. >> and the specter of living in your parents basement is not to be your greatest concern. >> to the class of 2016 listen in their entirety to universities around the country to politicians and white house officials.
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>> we have a couple of members coming over event of a number of civics teachers in the audience please raise your hand i was talking to some of them teaching civics and history when you get
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done m.i.t. good to come to some for the senators. [laughter] i'm sorry was that my outloud voice? [laughter] this morning chairman grassley convened the senate judiciary committee confirmation hearing have confirmed some of those we go to doubt but we had chief judge garland two months since he was nominated to fill the vacancy of the supreme court and in fact, the way it has been blocked has been unprecedented we would be poised to report but what bothers me because he does not have a hearing his record is smeared by
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outsiders and senate republicans that denied a public hearing i cannot convene a confirmation hearing but just because republicans refuse to do their job on the nomination doesn't mean that we don't we take our duty seriously and if there is any doubt about the need of a fully functioning supreme court the decisions handed down this week shows they have repeatedly failed to have the decision with the courts of appeals below them are in limbo because they don't have a full court and cannot make a decision and now i know the decision of my
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hearing was done in closed door and this is open with a former prosecutor who worked with judge garland at the justice department and is part of the team that investigated and prosecuted the oklahoma city bombing one of the most complex investigations prosecutors have had in this country and professor of law at the university of chicago who clerked in the for the chief judge for justice o'connor and justice beyer and they are now retired and now we should be having a full nomination hearing former
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secretary of transportation under president bill clinton previously served as the first african-american in the federal highway administration and a former judge of the u.s. circuit court of appeals for the third circuit's so he knows very well how this circuit court is appointed in 1992 i had the privilege of voting to confirm him and also serving as a federal district judge in pennsylvania so what i suggest is to save we will put the full statement in the record but then we could
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ask questions of the witnesses and i wonder not just because of the vermont connection are both former prosecutors but. >> or because she is a woman [laughter] we also have i italian ancestry. [laughter] >> than she is a woman and should go first. [laughter] i will be the last person to argue with senator feinstein won the most valuable members of this committee. please go ahead. >> it is my honor and privilege to be here today to talk as a minor very well that work very closely as -- closely together judge garland we have known one
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another at doj and 1993 and 1997 but probably the time we bonded was oklahoma city bombing iraq out there is putting from the district of oklahoma i got an opportunity to see america first hand deal with yet most chaos and tragedy and the entire time just focusing on what needed to be done that the prosecution had to occur in the right way and to be sure that the rule of law would be followed and the motions would not take any part of what we we're doing. and it was an interesting time. it was chaos everybody wanted to stop because it
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was the most horrific crime on american soil at the time the we had to move forward to bring the perpetrators to justice and find out what was going non and what happened also like we had never seen before more tools and agencies and cops and first responders all in one spot and anybody just wanted to help it needed somebody to be the conductor to orchestrate all that energy brains and smart is a power to investigate the case like cancer plenty of questions but when we got there we literally walked the building around the building at the time we walked past the day care center read didn't say anything but just kept walking and there were
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cars that were literally still smoldering between the two buildings there were cadaver dogs trying to find the remains of the people that perished that day. walking through there was actually we did not talk about it and tell the 20 year reunion we finally just talked about had tears in her eyes the whole time there is too much adrenaline to make sure we we're doing our jobs for the american people but there were a lot of people who have strong personalities and watching judge garland to navigate his way to make sure everybody had a role and their voices heard was something remarkable.
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judge garland is called under pressure you never know what is going on in his head and is 25 steps ahead of everybody else and there were decisions made early in the investigation that's we could have made a mistake or make lots of them because at the time everybody wanted to throw the evidence at us to make sure that we had done what needed to be done with the rule of law and i will allow the rest of my colleagues to speak about him and i am more than happy to answer any questions about judge garland and his qualifications. >> we have heard the cannot afford because it is an election year but you were nominated to the third circuit september 1992 which was an election year you
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were nominated by a republican president because senate democrats for in the majority and we got you through your confirmation in october and my correct? >>. >> is it safe to say that the democrats nominated you if there is an election year exception you would not have been confirmed? >> i think it is fair to say that and also that especially when it comes to nominations for the united states supreme court i have never been aware of the election-year exception and tell this happened. yes.
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i was nominated by president george h. w. bush for a vacancy of the third circuit court of appeals september september 181992 this is on the eve of the presidential election hotly contested of course, . i was unanimously confirmed october 8. the election was november 3rd. i am living proof that can happen and also living proof the republics still survives and grows on and does fairly well. it is also a true that not only is the party that was the majority party in the
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senate proceed with my nomination and confirmation as well as others on the eve of the election but that party also took the white house so as to put in my statement there was no harm and no foul and at that time now 24 years ago there was a culture of bipartisanship that is severely lacking today and that is most unfortunate. i come from the wonderful commonwealth that has produced the likes of hugh scott, arlen specter my current senator this is so
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unfortunate to those of us who have witnessed across the ayatollah to reaching out to get things done and today we are mired in a very unfortunate and dysfunctional place resulting in what is going on now with respect to a wonderful judge him highly qualified nominee and incidentally a terrific human being. judge garland. i am here because i refuse to except that and i think the country should as well i believe in it is the responsibility of the united states senate just as it is the responsibility of
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citizens of this country to rise above these petty self-interest to wracked with honor and decency and that is compelled by the very oath that members of this body have taken. that we respect the values and traditions that are time honored such as the confirmation process even justin hearing even if the confirmation happens but even just a hearing the decency to provide a hearing to let the american public viewed judge garland under questioning at a minimum as the decent thing to do whether compelled by law or tradition and decency. i am also here because i believe the united states supreme court should never
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be viewed as a political arm the ideological arm of any political party as a former federal judge this american citizen to see that occur today i believe the supreme court must remain above the fray because it is a symbol of our greatest aspirations of a society and we have to do whatever we can and why i am here today to make sure that continues. >> i had the privilege to serve with both and i agree. course we have former secretary and we talked about this nomination so i
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will turn to you please go ahead. >> thank you senator i would like to begin with reference to the comments just made by judge louis it is interesting and was making my way to washington hopefully in the midst of a very rigorous campaign during that period i was working for a young governor from a small state and arkansas and for me just the anticipation of what that journey could be about. had never became clear until now the thread that ties us
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together through the political system to take this from one administration to the next allows our country to move forward as a beacon of hope for democracy around the world and it is clear from the judge's comments that is not for a partisan purpose but a constitutional purpose that has caused us all to take a solemn oath to defend and support the constitution to give some of us the opportunity to be nominated by a president and confirmed by the senate that is a very sacred and special process and something to be treasured and guarded and
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defended so in that spirit to see what administration could move to the next with the process to go forward to bring a seat on the bench and another into the administration frankly that has that opportunity to say thank-you for the work that you did to respond to the oklahoma city bombing. i was a federal highway administrator during my first stint we lost 11 individuals who were part of the 168 killed that day.
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it was then that a breach of shattered lives and the grave uncertainty that judge garland step forward to protect and defend. i am here to say thanks for the effort and asta to say to judge garland that we have a special relationship with an individual over also like to lift up mr. coleman was the first african-american secretary of a transportation appointed and nominated and confirmed during the ford administration and so he came at a special time and gave me counsel when i was going to the process but is
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a very dear friend to a judge garland. interestingly they're both honored as distinguished graduates of the harvard school of law and both clerked at the supreme court and they both have a fond and committed respect for the law and rule of law so i lift up his connection as well and finally when my wife and i came to washington we did not know a lot of people headed young daughter we met judge garland who had two daughters and their daughters gave us us a sense of the place to help us become comfortable so over the years we have gone to a
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host of parent teacher meetings, parent night sporting events, talking but hopes and dreams and aspirations for our daughters so i also come to say this is a good man and as a devoted husband and doting father and engaged and committed parent so i am very pleased to be here in this connected group of individuals to lift my voice in support of his nomination to the united states supreme court. >> thank you very much yet university of chicago law school also clerking for to supreme court justices one
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was sandra day o'connor nominated by ronald reagan the other justice beyer nominated by president clinton. please go ahead. >> members of the senate i am honored to have this opportunity to appear today to comment on the nomination of judge garland to be an associate justice of the supreme court of united states had the privilege to serve as a law clerk on the u.s. court of appeals for the d.c. circuit through 2006 in clerking for him was invaluable experience and without question the most formative single year of my entire career and as has been well documented he possesses an unbelievably sharp analytical mind.
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and many have said he is a judge's judge and as a craftsman and it takes long hours to immerse himself in to the case aranda every fan talk with the case with the cleric to make sure he reaches the right conclusion. in their approach of the law he avoids offering a sweeping pronouncement but instead it will narrow to with those cases that are before him. he never loses sight of the fact to influence the lives of ordinary citizens and he is meticulous, and nothing
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better exemplifies that before it circulates the opinions on the circuit he would have to law clerks och state and on either side in woodbury each word to make sure everything was exactly right. with that uncommon ability from different backgrounds or viewpoints he dissented very few times during his years of the d.c. circuit with a first-rate demeter
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one of the first questions to ask was how was my demeanor on the bench? he wanted to be sure he was asking tough questions that was fair with those who were working with him to shape the illegal enterprise. and those that have won him a host of admirers that identify him etfs open-minded and fair minded as a first-rate justice some of his personal characteristics that inspires such deep loyalty.
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here he stands buy you for the rest of your life and relatively vintage to demonstrate in time as and he wrote in incredibly warm note of condolence to my mother died. ed judge garland was the first to reach out to congratulate you on my honor and so he is by your side. with those indelible images that right around 6:00 p.m. judge garland was furiously and feverishly pack case is
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dead fighters into his briefcase and rush out to make sure he made on to have dinner with his wife there is nothing more important but nothing was more important. to have incisive views about his vocal stylings and route five -- through five. period he knows his popoff music because he drives his daughters to school and periodically would allow them to commandeer the audio
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system. so whether you do so so i am confident to make an excellent associate justice of the supreme court but conversely the failure to confirm him would represent not only a grave injustice for this nominee also of catastrophic consequences for our constitutional order >>. >> senator feinstein has spoken strongly on this and
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joined by senator casey of pennsylvania. >> fate you very much mr. chairman. to those you have testified testified, i can say i knew you before you do grey here i hope it was in the federal government that put it there but there probably was. [laughter] >> but it is one of the failings that has bothered me meeting for a substantial period of time, the united states supreme court of they four / four position would rigo the court is divided and what impact that will
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have many of us estimate it will be a year and a half by the time you get through the vetting process so i want to ask a question what happens when the court to is tied in the lower courts are split and cannot resolve a case? we keep -- we have already see that already the public sector labor case and the death penalty case the state sovereignty case and gender discrimination case. this week the court deferred if those nonprofits could hold contraceptive coverage that is vitally important
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nationwide solid like to have your view of what happens with a four / four split? >> that it is affirmed by the equally divided court olivetti eddie presidential value. but what really is a conflict. into meet a uniform federal of the way it exists in that function cannot happen with the justices are equally divided. >> explain what happens when
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they make the decision. >> their results is a lack the uniformity with the courts the of appeals to create uncertainty for all sorts of citizens. end given of time-life for what of uh case that is not decided is already in the pipeline before read justice scalia death that when they contemplate to resolve a question you pnc there is a
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chance we could be deadlocked in to avoid that there is a lack of uniformity to the federal law and the justices have gone to great lengths to avoid reaching a deadlock but that may introduce more uncertainty. and then could back down as we saw with their reproductive rights decision but those applicable principles so receives like a very undesirable conflict. >>. >> thanks to the witnesses you are allowing the public
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to show what a fine judge and individual he is. to share some of that is extremely important there is only one benefit i think you're really after senator feinstein and i would trade data way in a minute for them to be here. attitude of ivy opinion to have the reputation at least
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they don't make up their own mind to push people in that direction we're celebrating the historic decision a very contentious case but due to the efforts of the greatest chief justice to begin down unanimously to move the nation forward and heal the nation. the importance of personality is important so first judge in u.s. as i understand it you testified on behalf of your colleagues of the third circuit when he
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had his hearing although nominated by a george bush and you were there is a witness? >> and give us a sense of how he brings people together and his unique ability to. >> senator thanks for reminding us that this is the period time when we celebrate the decision in brown vs. board of education and handed down in the year of my birth to 1854a and to
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play a significant role throughout my entire life in many different ways and i say that for more than the fact that we are just observing it i first met judge garland at the home of one of the key advisers. in bill was hosting a dinner to honor the integration to co-chair event as the gathering of federal judges of color and hosting a
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dinner with people judge garland was my tutor reach if we had a wonderful conversation of course, in the later years i followed his work on the court and was impressed with the issue minimus decisions that he authored is an indication of a consensus builder at the very core of the beating -- of the meaning of brown vs. board of education he defeated the vehemence and did everything possible to ensure that half of because he did the importance of that case and what it would be for the country. plays that significant today? on monday the supreme court
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issued an opinion which we have talked about. forgive me for calling that a compromise decision but that is how i see it. imagine if during this period of the split on the court brown vs. board of education came up? with that case was on monday? and though said been committed to social justice and civil rights i cannot help but think about that is the context of the other case is bound to come up to the court during this period. i am glad you pointed out we
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have some civics students seated behind us that they can of the lesson of where we are with this nomination the should be critical importance of both sides the future really is at stake with these types of decisions have real consequences. you have decisions in one part to go one way ended delaware was the tinsel are at that time and though only judge confirmed by united states supreme court.
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but if they said we hope he will just work together to figure out so when one part those that will continue one set of policies, these matter. elections matter the duly elected president has nominated a highly qualified person to a position of great importance and that matters. not the future president. this president with almost one year left nominated judge garland to this point in the supreme court is a wonderful piece about the marginal a station of the supreme court.
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and hoping that the colleagues across the aisle there were real consequences some is the matter of life and death. in inmate in texas on death row who was sentenced based on testimony he posed a danger because he was black. in to establish to determine eligibility is now before the supreme court then is the fifth consecutive week the court has not acted to decline the petition these are matters and matters said
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great deal. thanks for the question. >> one of the of members of our panel -- senator google? >> thinks for having this hearing and i must say there is a lot of history and eloquence and insight on this panel i am deeply respectful for your public-service but you are no substitute for the real
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thing. i take you would agree. >> we agree. [laughter] >> this hearing is no substitute for the real page we should be talking about the damage to a the justice system as a refusal to have a hearing and vote with the qualifications of judge garland with judge garland in the place where you are sitting down and that is what the american people deserve. and judge louis made a very telling point that there is damage to the court and our justice system to drag the court into partisan bickering.
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but i have the deep respect for the judicial institution. and i am deeply saddened with that polarization politically with the confirmation and process to do the right thing in to do their jobs in the effect is not only for a deadlock use act phrasing it is not so much a deadlock has diminished mental the failed to resolve the also with
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those issues and as they fail to take cases to resolve them. so brown v. board of education and i have no doubt that would not have been decided. given the history it read no more now with fetid gimmicks to be totally different it is to marginalize the court as a branch of government that diminishes our democracy. we owe it to the american people of those who have
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impeccable credentials and i have known judge garland for many years. and rand did he come to the hearing to make a decision on a predetermined point of view or would his mind be changed? >> i would describe his attitude and approach to be very much bottom-up rather than and top down.
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with that judicial and ideology closing on the facts of a particular case but instead committed to the precedence of the prefab the record to immerse themselves in order to reach the appropriate outcome of that is a big part of the reason he has been so successful to foster consensus i never heard him utter a disparaging word of the colleagues of the d.c. circuit. there is a certain generosity. immersing himself in the
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materials to identify points of commonality for those who rob a the panel that relative lack of defense is indicative of those whose sacrifice those corer judicial principles and nevertheless there is an effort to speak as the court rather than those to have their own views. >> spirit we have talked about pennsylvania and brought back great memories.
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and i told him the for my father was a huge fee and of senator casey's father. >> the key for the introduction referring to senators and their chairman because this is an unusual forum is so unusual i remember the senate to was not a member of the judiciary committee i was allowed to parachute in and take a seat. >> she did basket and was consent. [laughter] so they you for giving me this opportunity because of you did not show up by would not have this opportunity to
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give my mother and my wife pride and concern to my brothers who are lawyers. i won't have a long question of just a brief statement in thanks to new judge louis enter commentary in your great service as a member of the third circuit i was a year when you were confirmed by e.m. struck by how different the process was for what we talk about with judge garland so what struck me the obvious attributes you hope they will have academic credentials with that character and experience you would want to
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a combination to be a lawyer prosecutor and the judge with a remarkable range of experience of that is impressive with his character but what was interesting to me meeting here for the first time in my office to things that might be unusual for of a judge or public official was humility and gratitude the kind that i think is consistent with what he said judge louis interstate meant i think with regard to the confirmation of justice alito nobody has the corner of the marketplace of ideas
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so that humility even with all that training who doesn't have all the answers but to listen to other people and i have never met or rarely have met someone he was more grateful for the opportunity to serve as a prosecutor and as the judge. talk us through how those attributes plus those others are critically important on the supreme court even though that word would leave you to believe there is no need for humility. >> is always good to see senator casey. you have touched upon the two qualities that for me are the most important for
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anyone holding any public office but in particular for a judge or a justice on united states supreme court and will explain by telling you about why i testified on behalf of justice alito with the nomination to the supreme court 10 years ago i worked with him for a number of years on the third circuit and i found him to be intellectually honest and a person of humility and gratitude of all the other qualities that go into making a good judge and justice.
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we disagree a lot of very key areas. ha. sometimes to rejoin in votes or in matters that might surprise people of the employment discrimination and other cases. to join a majority that appeared with the approach that was far more conservative but he was nominated by the president of the united states. he clearly had all of the qualifications necessary to serve on the united states supreme court with terrific
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record a and as a judge in the mere fact that i disagreed it is ideologically should stand in the way of meet to say of course, he is qualified in my view i don't think the monolithic court is appropriate for the country it is one of the best features of democratic government that we have a multitude of views to go into the judicial decision making process and the legislative process. and the capacity to reach across the aisle or the benching to do that well as critical. i observe that during work
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with -- justice alito judge garland is a part of so many cases of he and his decision if that is his capacity. it is so important that corporate decision making at that level requires a capacity to be self less and like all for the interest of the parties and also the united states of america. sova record that we have with respect you judge garland is exemplary these
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are traits behalf to meet with us. >> i know i was late for the comments we appreciate your ongoing public service. fet two senator leahy and not just being the chairman of the committee which is the attitude of 200 and thirst for justice. >> i know you have known each other for a long time
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but what we've what to do it isn't a hearing or a substitute but those of us have known here for a long time, we go his qualities but i get frustrated although he cannot respond to those. if he had a here he could be asked the questions so what you have done as the fourth you is speak to a good person for those that are in court the matter which side
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we year aren't to have him there as a jurist to have a fair hearing that is the worst expression i have never heard that oklahoma city was cross every t and got every i as a prosecutor should. it will be spoken of the former secretary always speaking on behalf of others for what we should do

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