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September 5, 2018
Little crisis of confidence. maybe a little crisis of conscience about trying to confirm this nominee in a way that no other nominee has been confirmed. the republicans own precedent on what sort of documents you get from a nominee is the thing theyre violating with this. and it seems the democrats trying to pry off one republican, two republicans who feel like they shouldnt do this. this is the wrong way going forward. >> and it was so important that theyre trying to make the point you made ear...
September 5, 2018
Arbiter who favors no litigant or policy. as justice kennedy explained in texas versus johnson, one of his greatest opinions, judges do not make decisions to reach a preferred result, judges make decisions because the law and the constitution as we see them compel the results. >> brett kavanaugh didnt speak his first words today until about seven hours into the hearing, which featured endless and partisan opening statements from both sides, a bus load of arrests after protesters disrupted the pr...
September 4, 2018
Hes going to say because we have a little preview of his comments right here. these excerpts have just been released. here is what hes going to say. a good judge must be an umpire, neutral and impartial arbiter who favors no litigant or policy. i dont decide cases based on personal or policy preference. i am not a pro-plaintiff or pro-defendant judge. i am not a pro-prosecution or pro-defense judge. i am a pro-law judge. hell say all the the right things. all the things you want him to say. so h...
September 4, 2018
Arbiter who favors no litigant or policy. i dont decide cases based on personal or policy preferences. i am not a proplaintiff or prodefendant judge. im not a proprosecution or prodefense judge. i am a prolaw judge. >> thats a good start. >> jeffrey toobin? >> well, that image of the president as an umpire is something that john roberts used in his very successful confirmation hearings. those sentiments are certainly very admirable. but lets remember how brett kavanaugh was picked and by whom. y...
September 4, 2018
Opinions. ive served with 17 others judges each of them a colleague and a friend on a court now led by a superb chief justice meric garland. my judicial philosophy is straightforward, a judge must be independent and must interpret the law not make the law. a judge must interpret statutes as written, a judge must interpret the constitution as written, informed by history and tradition and precedent in deciding cases a judge must always keep in mind what alexander hamilton said in federalist 83, t...
September 4, 2018
Judges, each of them, a colleague and a friend. on a court now led by a chief judge merrick garland. my judicial philosophy is straightforward. a judge must be independent, post-interpret the law, not make the law. i judge must interpret statutes as written. i judge must interpret the constitution as written, informed by history and tradition and precedent. in deciding cases, a judge must always keep in mind what alexander hamilton said in the federalist 83. the rules of legal interpretation are...
September 4, 2018
Ive served with 17 other judges, each of them a colleague and a friend. on a court now led by our superb chief judge, marek garland. my judicial philosophy is straightforward, a judge must be independent and must interpret the law, not make the law. a judge must interpret statutes as written. a judge must interpret the constitution as written, informed by history and tradition, and precedent. in deciding cases, a just must always keep in mind what alexander hamilton said in federalist 83, the ru...
September 4, 2018
Are a central part of his political strategy but also the delegitimization. undermining anyone who could be an independent arbiter of the truth. not just the media, the fbi, the intelligence committee. last week he attacked google and said google was showing things that were not true about him. the facts are not great for him so he has to undermine and attack and delegitimize anyone who would show an alternative version of reality. the problem is, trump is obviously the worst actor in this. this...
August 31, 2018
Right now is he is fighting on too many fronts. hes fighting an investigation led by bob mueller, essentially an unindicted coconspirator in an investigation in new york. that investigation may continue. his form were campaign manager is about to go back on trial, and if congress does flip or if one branch -- if the house flips, he immediately is facing investigations not just for his conduct with respect to russia but every other scandal that has plagued this administration. so in the face of i...
August 31, 2018
Is about to go back on trial, and if congress does flip or if one branch -- if the house flips, he immediately is facing investigations not just for his conduct with respect to russia but every other scandal that has plagued this administration. so in the face of it what is he doing, hes lashing out over and over. hes lashing out at his enemies and also trying to become the sole arbiter of truth for that narrow base he sees is key to his political survival. he may not be able to convince the ent...