Transcripts For CSPAN2 Key Capitol Hill Hearings 20140630 :

CSPAN2 Key Capitol Hill Hearings June 30, 2014

Cspan2. And live today at 4 p. M. Eastern here on cspan2, chilean president michelle [inaudible] will be at the brookings institution. Shes meeting with president obama this morning. You had broadcast tv and then cable came along, and then satellite. What if satellite had said, you know, were different than cable. We have a slightly Different Technology, so were going to take that and not consider ourselves to be what is in law called an nvpd. So we dont have to negotiate. But satellite didnt do that, and so why should aereo be able to come up with a Different Technology and say we dont have to negotiate for copyrighted material . Weve said from the beginning this isnt about being a opposed to technology. Theres still a technology there in aereo, and maybe theres a Business Model for it. But that doesnt mean you can evade the law to run a business. More about the Supreme Court decision against aereo with the head of the National Association of broadcasters, gordon smith. Tonight at 8 eastern on the communicators on cspan2. Booktv sat down with Hillary Clinton in little rock to the discuss her newest book, hard choices. I learned, well, ive learned before but certainly as secretary of state to expect the unexpected. Nobody expected the socalled arab spring until it was upon us. And we have to learn to be agile and ready for the unexpected while we try to build the world that we want, ps for our children and especially for our children and now for my future grandchild, but weve got to be aware of the fact that all these other countries, all these billions of people, theyre making hard choices every single day. We have to be ready for that. Because i am absolutely convinced that we have to continue to lead the world into the kind of future that we want. We cant sit on the sidelines, we cant retreat. Were going to have setbacks, were going to have disappointments, but overtime our story over time our story has become the dominant story. It represents the hopes and aspirations of people everywhere. Thats what i want americans to understand, and the main reason why i wrote this book. I know theres a big debate going on about our role in the world and we have some real unfortunate consequences still to deal with from prior decisions and the like. But we cant abdicate our responsibility. How we define it, how we execute it will be the stuff of political debate. But the world needs us. America matters to the world, and, yes, the world matters to america for our prosperity and our security and our democracy. Hillary clinton spoke with us about her Decision Making process, the perceptions of the United States around the globe and some of the decisions she had to make as is secretary of state. The full interview airs on booktv saturday, july 5th, at 7 p. M. Eastern and sunday, july 6th, at 9 15 a. M. Eastern. Solicitor general Donald Verrilli discusses his role as the governments top lawyer including his relationship with members of the president s cabinet and the process for deciding how to argue cases before the Supreme Court. Supreme Court Justice elena kagan, who also served as solicitor general, introduces mr. Verrilli to the seventh circuit judicial conference in chicago. [applause] well, diane, as i recall, that was a lot longer than the introductions that frank used to give me. [laughter] no, its such a pleasure to be here. Its always a pleasure to come. You schedule these dinners at the worst time of year, i have to say, but i wouldnt miss them. And, so thank you for inviting me once again. And thank you, diane. This is, of course, dianes, might be dianes first year and my first dinner up here with diane, and the word back in washington is that she already is doing a pretty awe. Some job a pretty awesome job. Am i right . [applause] not that everybody doesnt miss Frank Easterbrook. [laughter] and the Extraordinary Service that Frank Easterbrook did for so many years. And thank you again for that, frank. [applause] thank you, diane, for taking over this responsibility and doing everything that youre doing. You know, i always, i worry sometimes a little bit when i start thinking about this event. I start thinking, well, what am i going to talk about . Theyre going to want me to say something. But you guys always invite such great people, like my favorite people. So i just say, thats okay, ill just introduce don. [laughter] like i think it was last year, ill just introduce the chief justice, or ill introduce justice stevens. So that is my task tonight, and it is really a pleasure because there is no lawyer that i respect more than don, and its great to be able to share a little bit with you tonight about why thats so. Now, sometimes people ask me, you know, its like, actually, impossible to see your notes up here. Impossible. [laughter] i mean, is there a light, or [laughter] its like, what do i [laughter] sometimes i hope you have your speech committed to memory, don. [laughter] sometimes people ask me, they say do you miss being solicitor general . [laughter] good, were back in the 17th century. [laughter] sometimes people say to me, do you miss being solicitor general . And i think, are you kidding . [laughter] are you kidding . Did you see what we did to general verrilli last month . [laughter] which is sort of true, i have to say, that when youre up there as solicitor general happened to me, its happened to don when youre up there as solicitor general, you get treated a little bit like a punching bag or a pin cushion or pick your metaphor. But sometimes it does not feel all that good. Now, you probably know the, i dont know, the high point, the low point of this, you know, was the health care case, right . Everybody knows about the health care case. Don had a little bit of a sort of a coughing episode at the beginning of that case, right . People know about that. People are afraid to laugh because [laughter] people are afraid to laugh because it actually went a little bit downhill from there. [laughter] not because, not because of anything don did, just because of, like, man, were we tough that day. I mean, just question after question after question for whatever he was up there for, i think it was an hour that day. And i do not think that we let him get in more than two sentences in a row. For an hour. Just bombarding him with questions. And when youre now on my side of the bench, you sit there, and you kind of look at it, and you think, man, that is a bad job you got there. [laughter] and i am really glad im not doing that anymore. [laughter] and, you know, but heres the its true, don, this is true; we only do it to the best be of them. [laughter] thats what i used to tell myself when i was solicitor general. [laughter] and i used to tell myself this a lot because, truth be told, the chief justice has eased up a little bit in the transition between me and don. No, but it is true, actually, because the solicitor general argues the most important cases, the cases where there are often the fiercest views, the fiercest disputes. So cases which really matter to tokes. To folks. And then, you know, don because hes so excellent and, you know, lets go back to that health care case. Do we remember who won that health care case, right . [applause] and he won it really for a reason, and this is true of, you know, i asked my clerks to come up with a list of all the cases that don has argued, and i was looking at them on the plane. And i was thinking don verrilli won every case that he possibly could have won. Indeed, i was thinking he actually won a couple that there was no way i thought he could have won. [laughter] and so, you know, he lost some, but they were ones that he was never gonna win. [laughter] and thats saying a tremendous amount, that don always figures out whether its in his, in his oral arguments or in his brief, he always figures out how to present, you know, the argument that if the government can win, those are the arguments that are going to get to a win for the government. And thats an extraordinary thing looking over that list of cases and thinking he won every one where it was even possible that the votes were there. And, you know, the reason as i was saying that we give him a little bit of a hard time is the disputes matter, but also because you know that hes up there, and if you dont give him a hard time, hes going to make some headway. So you better give him a hard time before he starts making that headway. Maybe, you know, some of thecvni justices dont quite, dont quite want him to make. Now, ive known don for a long time. Not just since ive been on the court. Or not a long, long time, but i known i know don better than any of the other justices. We served together in the Obama Administration in the department of justice. And, in fact, don, the first time i really met don was when don was vetting me for the solicitor general position, you know . He was the person who i came to washington to see and laid my whole life bare, and he was sort of exploring any problems that i might have, any difficult issues that i might face. And, you know, can i say that having been through this a number of times, one is not guaranteed to love ones vetter. [laughter] in fact, sort of the opposite. But don treated this job with such diplomacy and such tact and such sensitivity and such skill, there was nothing that don did not learn about me. I feel often uncomfortable talking to don, actually. [laughter] because i think im talking to him, im having a conversation, and hes, like, thinking about what i did when i was 13 years old or Something Like that. [laughter] but thats how i first got to know don. And then when i arrived at the justice department, don was already there because i had to go through a confirmation process. So don had been there for a few months. And don himself did not get, like, a hoity toity job right off the bat. Don said, my clerk showed me a newspaper article where he said, said verrilli said he would have taken any job including sweeping the floors to work in the department of justice. Thats pretty much what they gave him. [laughter] it was like, you know, assistant assistant Deputy Deputy assistant deputy to the assistant attorney general, Something Like that. [laughter] but, you know, don took that job which was so beneath, like, the kind of lawyer don was and the kind of reputation that he had in washington which is glowing, glowing, glowing. I mean, you walk around washington and the washington bar, and its like everybodys favorite lawyer, and everybodys best lawyer is don verrilli. He went in, and he took this job that was really not all that much of a job because he just thought he wanted to do Public Service. And its actually, you know, when i was concern. [inaudible] and i used to think about lawyers who were great role models for students and why theyre great role models for students, you know, its people who manage in all, in their professional lives, in their careers to combine private lawyering with Public Service, to always have a sense no matter where they are that there is a way to give back. And certainly, that was true of don, that when he was at jenner for many, many years, you know, he did every year like clockwork 10 , sometimes more of his hours were pro bono hours. He did these extraordinary Death Penalty cases, some of which took, you know, more than a decade to complete that were emotionally draining, im sure, in ways that i cant even imagine. And then he decided, you know, after however many years that it was really time to devote himself full time to Public Service, and and he didnt really care whether he was going to be sweeping the floors or what not, that it was time to do that. And so he went into the department of justice. But he came in in this sort of junior role. And then when i walked in the department of justice, it was about three or four months later, and he had become the Department Wise man. Its like everybody in the department of justice, if you had a problem, if you had a substantive lawyering problem, if you had a personnel problem, if you had just like i cant stand the fact that, you know, the fifth floor is trouncing the third floor kind of problem, i mean, everybody just found their way to don verrillis office. I used to think, like, does this guy have any work to do . [laughter] because he was sort of playing psychologist to the entire department of justice. And playing Legal Adviser to the entire department of justice. The people would go to him and say i have this really hard problem, how do i do it . And thats what don verrilli is. In addition to being an extraordinary lawyer, he is, he has these incredible personal skills, and he is an incredible problem solver. And, and he has this sort of total professionalism and integrity that, of course, the best lawyers have. And i see that all the time. I hear about it, you know, i was sg myself, and i got to know the folks in the sgs office pretty well and still talk to them. And i sort of hear stuff about whats going on in the Solicitor Generals Office. And i have to say i get sometimes a little bit envious, because everybody in this Solicitor Generals Office talks about don like they have never seen his like. And i kind of think, well, you know, what was i, you know . [laughter] chopped liver or, you know . But the way that the people in the Solicitor Generals Office feel about don is just such a testament to what leadership can be. And then in the court we see not only month in and month out his fantastic lawyering skills, but also this kind of consummate professionalism and integrity. Ill just tell you one small story. Which was don argued a case called clapper v. Somebody or other, and i guess it was clapper v. The aclu. And it was a case where the wireless surveillance ram was being challenged program was being challenged by the aclu, and people who could not say that they had themselves been tapped. And the government was arguing that they had no standing to bring the suit, and this was an argument that don made that i have to say i was giving him an especially hard time on. I wasnt allowing him to speak, and i was interjecting lots of questions. This the course of this argument in the course of this argument, don told the court that, in fact, that if a person was, if a criminal prosecution was brought against a person as a result of evidence coming from a [inaudible] that that person would be notified, and that that person would be able to challenge the program so that the program would be challengeable by somebody. Then it turned out a few months later that notwithstanding that don had vetted his brief and his argument with all the right people, notwithstanding this, in fact, the National Security division had not been doing that. And don went on a oneman campaign to insure that this would change. And im sure that part of the reason don did this was because he thought it was the substantively right result. But im sure part of the reason was that he had told the court something, and he was going to make it true. Even though there had been a little bit of a snafu in offices other than his own. And don, if i tell you that we all noticed that and we all appreciated that, the kind of seriousness with which you take your job and you take what you say at the podium to us, your incredible professionalism and integrity as well as your amazing lawyering. And so, don, you are, i guess be, finished for the year. Were just writing all our opinions, and don is sort of carryfree and having a carefree and having a vacation. [laughter] but i want to say that i look forward to kicking you around next year again. [laughter] [applause] wow. Thank you very much, Justice Kagan, for that unforgettable and amazing, amazing introduction. [laughter] which will, was a good deal longer than my remarks. [laughter] [applause] especially because Justice Kagans quite right, you cant see a thing up here. [laughter] so were just going to have to stumble through it. Chief judge wood and members of the seventh circuit and judiciary and julie and members of the association, im really honored to be here with you. Its a special treat for me to be in chicago. I spent more than 20 years with jenner and block and have gotten to see a number of great old friends here tonight, and which im very grateful for. This is a city i deeply love, so even though im only here for a day, its a happy day for me to be here. What im going to do tonight is just talk for a few minutes about my job, and then what id like to do is see if we could have something approaching a conversation and that we can do questions and answers, i hope, for a good chunk of the time we have this evening. My experience is that tends to be more interesting and fun for you and for me both. So the job of solicitor general is to represent the United States, and thats really an awesome thing. We file a brief, and we file it, i file it on behalf of the United States. I stand up at the podium and fete the bejesus get the bejesus beaten out of me, and im doing that on behalf of the United States. But what does that mean exactly, to represent the United States . Well, in one sense its, of course, quite straightforward. I do what most all of you do. I come up with arguments, i think about strategies, i put them in briefs, i argue them at the podium, and thats, you know, the work of the solicitor general doing that. Im going to just take a minute and talk about what our office does in that regard, because its really quite amazing if you think about it. Weve got 21 lawyers in the office, 16 assistants and then four deputies and an sg, and then we have four fellows, Young Lawyers with us for a year. And here is what this group of lawyers accomplishes every year. We brief and argue 25 cases as parties on the merits or sometimes 30. Well brief and argue 2530 cases a year as amicus in front of the course. W

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