Online cspan. Org. Heres a look back at the proceedings from today. The next panel will be judge taha, ms. Masameno, judge henry, mr. Jaffer, judge cain, mr. Perkins, ms. Bresack and mr. Calamine. If i pronounced anyones name wrong, correct me when you testify. Im sorry, i thought maybe you werent here. Okay. You are obviously here. Okay. Would you do you swear that the testimony youre about to give before this committee will be the truth, the whole truth and nothing but the truth so help you god . I do. Ive seen positive response. So i think please seat and i we never get everybody to honor the five minute rule. If you see the red light come on and you can summarize in about 30 seconds or so, it would be very much appreciated because im sure that there will be some questions of some of you and so we want to move things along, but i think im going to do it in the way youre seated there from my left to my right so would you start out, judge. Im pleased to do so and good morning to the distinguished members of this committee. Its a privilege to appear today to support the nomination of my former colleague and my friend, neil gorsuch, as an associate justice of the United StatesSupreme Court. I served with judge gorsuch on the United States court of appeals for the tenth circuit and i was privilege to be chief judge of that circuit when judge gorsuch was appointed in 2006. In my brief time today i will touch on three aspects of judge gorsuchs qualifications, all of which i consider very, very important for judges at every level in the judiciary. First, judge gorsuch the judge. Judge gorsuch brings to the bench a powerful, powerful intellect combined with a probing approach to every issue. He brings to each case a strong commitment to limit his analysis to that case. Its facts, the records and the laws krooicited and politicable. He does not use his judicial role for a vehicle for anything other than deciding the case before him. The quote requirement for injur jurisdiction is a guiding principal. Hes a student of the constitution and federalist papers and he takes very, very seriously the appropriate roles assigned to each of the three branches of government. He is an elegant and accessible writer. In my writing classes i assigned some of his opinions to demonstrate the importance of narrative to every case before the courts. He uses originalism and precedent, but not in a formalistic or rigid way. Only as the lenses through which to seek an appropriate resolution of an issue or a case. Judge gorsuch is a case by case by case judge whose dedication is to serving litigants in the third branch of government. Second, judge gorsuch the colleague. On a multi judge Appellate Court it is my view that one of the most important characteristics of an effective and efficient court is the level of co ledgealty. This is not about getting along for getting along. It is about improving the quality of the court by listening to varying views, participating and engaging in robust internal debate about procedures and cases and factoring in and listening to the diverse views of each of the other judges. Judge gorsuch is such a judge. His attention to the views of his colleagues informs his work. He has an acute sense for identifying those circumstances where reaching consensus is the highest value and on the other hand those decision points where personal conviction and reason dictate individual judgment and independent decision making. Judge gorsuch believes in the court as an organic and flour h flourishing intenty where the views, background and perspectives of all the judges on the court are important to the quality of his work. Finally, judge gorsuch the person. Neil gorsuch is my friend. He has been from the day he took his role as my colleague in 2006. I want to say that again and say it advisedly. Because it means something that despite the many differences in our life experience, in our background, in our education and in our interests, judge gorsuch immediately and always affirmed me both as a person and as a colleague. I have watched him with all kinds of people in the courthouse, in social settings, and in the rough and tumble of judicial travel and duties. His unfailingly kind. Hes thoughtful and hes empathic to all people. His is the kind of dignity that reflects the dignity he acords to all people. Judge gorsuch lives according to his values. For him faith, family, community, nation and his beloved colorado define who he is. He is for me the Gold Standard in public service. So for all these reasons i urge the committee and the full senate to confirm judge neil gorsuch as an associate justice of the United StatesSupreme Court. An independent Nonpartisan Organization dedicated to advancing leadership on human rights. My focus is on the dangers that arise when the executive branch claims authority in the name of security. They threaten fundamental rights, the rule of law and democratic ideas and undermine National Security. This is not a hypothetical concern. Indeed now would be an especially perilous time to vote to the Supreme Court a judge that wouldnt stand up against power grabs with the the president has advocated deporting refugees without due process and all of this largely by bypassing congress. How would judge gorsuch respond in the face of threats to rights, separation of pours awed the rule of law . Human rights has never opposed a judicial nominee and we do not do so today, nor do we question judge gorsuchs credentials. Im here because his record raises concerns that i think you should address before moving forward with his nomination. The stakes are too high to get this wrong. Our concerns arise from the Public Record of judge gorsuchs time at the Justice Department. They fall into three areas, subject verb siversion. Judge gorsuch is not a blank slate. He was involved in defending the Bush Administrations claims that the president has the power to disregard laws and the judiciary should not or cannot review such actions. These abuses senator mccain spear headed the detainee ookt. Judge gorsuch pushed for a president ial signing statement saying the president could disregard that law to the extent it con fliktd with his authority. Judge gorsuch argued the law was read as codifying existing interrogation policies. He also played a lead role in the litigation strategy in the case where the government argued that the president has the power to disregard ge viva decisions. The Supreme Court rejected these efforts and deny protections. Third on torture and standing up for human dignity. Some people, including political appointees in the Bush Administration like the general counsel of the navy were horrified our government had a policy of torturing prisoners. Judge gorsuch seems to have devoted his energies to defending it. These were the defining legal debates of our time and judge gorsuch was on the wrong side of them, policies he promoted and defended violated american ideas and inflicted unnecessary suffering. On the contrary these policies compromised americas global standing and handed our enemies a pr victory. Its session that you probe his views on executive power, torture and the roles for congress and the judiciary. Did his actions at justice reflect his legal philosophy or his desire to be a team player . Did he disagree with positions of the administration on foch yur and if he did why didnt he speak out . The senate must get to the bottom of these questions because sooner or later and with this administration it is likely to be sooner the Supreme Court will be called on to protect fundamental rights and separation of powers from a president who treats the rule of law as an annoyance rather than the foundation of our democracy. Thank you. Judge henry. Thank you. It is a pleasure and honor to be here today and i thank this committee for its Wonderful Service to the third branch over the years. Im president and ceo of Oklahoma City university, a former state legislator and former attorney general and a former chief judge of the United States court of appeals for the tenth circuit. In the last four years of my service i was a colleague of judge gorsuch. Based on my personal experience working with him, and my maintained contact through circuit conferences, correspondence and judicial gathers, im here today to speak in support of his nomination. Federalist described the nature and virtues of the federal judiciary as the least Dangerous Branch would have neither sword or purse care to protect his vital independence. Permanentsy in office would be requir required. The granting of performance the kbra importance of integrity to observe hence it there can be but few who will have sufficient skill to qualify for a station of judge. This is why the committee is gathered today. Fortunately you have before you a candidate that would warmly m embrace. As one who served with neil, decided cases with him, traveled and dined with him, discussed our families together, agreed and disagreed with him, i can attest to his truly remarkable intellect, his oft demonstrated integrity and his mastery of rules and precedence. I believe the subject of intellect speaks for itself. His honors degree is from columbia and Harvard Law School and oxford. That resulted in a degree and his corpus of work which includes Outstanding Service awards from the state department, trueman foundation. Some 900 opinions that lawyers have described as straightforward deserving special mention is the law of judicial precedent. This book which judge gorsuch joined with brian garner and several distinguished circuit judges of quite diverse backgrounds to develop a remarkable work of legal scholarship. These produced a single volume written with a single voice and no signed sections. As to integrity ive never found neils integrity to be in question. His career has subjected himself to various reviews of his public service. He served as a law clerk to two Supreme Court justices. The late Justice White and justice kennedy. This committee has reviewed him before as a circuit judge. All of this also speaks to neils mastery of the law. He has some unique qualifications though. In the tenth circuit we have cases from the Great American west. We have cases involving our nativeamerican nations and cases involving land and water that are important. His experience will be helpful to the court. I will skip judicial temperament. Im running low on time and i want to talk about one thing that is especially important to me. When judge gorsuch was hearing cases one summer, he was distressed by the quality of legal representation of those charged with the most difficult cases that federal judges must deal with, Death Penalty cases. Because of that concern, and most of the cases come from oklahoma, our bar was not adequately doing the judge. The judges volunteered, they came to the circuit, they created seminars and brought the circuit in to hear cases. They met with these lawyers and helped them, trained them and have had one lawyer defense lawyer said instrumental effect in improving the advocacy of this most important area. Thank you. Mr. Jaffer. Thank you for inviting me to testify. I dont think this committee has any task more important than the one its been engaged in this week. If judge gorsuch is confirmed hell likely play a key role in shaping american law and society for two decades or more. I think its clear that judge gorsuch has the professional competence to sit on the court. I agree that judge gorsuchs service in the Bush Administration raises important questions about his views on executive power and the role of the judiciary in this sphere of National Security. At the time judge gorsuch served in the Justice Department, the Bush Administration was advancing extremely broad claims of executive power in the service of unlawful policies relating to service frks detention, military prosecution and interrogation. Judge gorsuch was closely associated with those claims. It would be a mistake to confirm him without ensuring he will defend individual rights and the authority of congress and the judiciary in the context of National Security. I want to recognize at the outset that judge gorsuch might approach issues relating to executive power differently as an associate justice than he did as a Justice Department lawyer. He was a lawyer with a client. He says he recorded himself as a skrooib. Id end courage the committee to bring a degree of skepticism to that characterization. He sought out a high level position in the Justice Department in the fall of 2004 seven months after the publication of the photos and five months after the Washington Post published one of the foundational documents stating that interrogation methods would be lawful unless they associate the type of pain of organ failure or death. It was a chilling document then and it remains an astonishing document today. Judge gorsuch appears not to have registered disagreement with any of the policies that he defended, though other officials did, nor is there evidence that he registered discomfort with any of the broad arguments of the Justice Department advanced in support of those policies, though again others did. The documents provided by the Justice Department suggest that judge gorsuch was comfortable with the policies. It was challenges to the policies that troubled him. Senator durbin asked judge gorsuch about an email in which he criticized lawyers representing prisoners held at guantanamo. Judge gorsuch said he regretted having sent the email and the email was not his finest moment. I hope youll give judge gorsuch an opportunity in his answers for the record to respond more fully to broader concerns relating to the positions he advanced at the Justice Department. Questions relating to the executive power are presented especially sharply today. President trump has issued an executive order banning muslims from six countries traveling to the United States. He said hell consider prosecuting u. S. Citizens in the military commissions at guantanamo. He promised surveillance of minorities inside the United States. If judge gorsuch is confirmed hell be called on to consider those policies and his conclusions will have far reaching implications in the lives of millions and others in the United States and the rest of the world. I urge you not to confirm him without fully exploring his views of executive power. This should not be a partisan issue. We all know that the powers abused today by a republican president may be abused tomorrow by a democratic one. The question the committee should ask is whether judge gorsuch will safeguard individual rights in the separation of powers, whoever occupies the oval office. Thanks for giving me the opportunity to testify. Thank you. Judge cain. Thank you, senator, and members of the committee. Im the only trial judge is appearing in these hearings. I would like to say, senator, i have no reason for you to remember this, but i appeared before you 39 years ago and i was i was honored to be here then and im honored to be here now. Were honored to have you. Thank you. Judges are no different from anybody else. Like you we have social, political and religious views, whether the product of culture and upbringing or the result of education or instinctual or philosophical pursuit. To don the rob is to be free of those so justice can be served. The issue is the essence of judicial integrity. Being consciously aware of ones views and setting them aside at the start of every case is no easy task nor should it be. The question for any nominee is does he or she have the discipline to do that and decide each case according to the rule of law. I believe judge gorsuch does and his opinions prove it. Long ago i gave up identifying judges as liberal or conservative because those words seemed to mean whatever the user wants. They have no common understanding and provoke no further analysis. However, one might pigeon hole either of us, the fact is judge gorsuch and i share few of the same social, political or religious views. In evaluating fitness for the bench, the real question is does the nominee embrace the discipline of the robe . Do his or her opinions reflect any sort of ideological basis . Is the judge fair . Judge gorsuch is not a monk, but neet neither is he a missionary. I really a great many appellate opinions from circuit courts throughout the United States. To the extent that a judge can be judged by his opinions, the ones written by judge gorsuch tell me a great deal. His are clear, cogent and to the point. I have been both afirpd and reversed by him and each time i thought he was fair and right. He treats the parties in the trial judges rulings with respect. He does not ridicule them or take cheap shots. Nor does he insult or demean other judges who might disagree with him. His writing is filled with grace and whit, but does he know the difference between his personal views and those of the court . Judge gorsuch is the only judge of whom i am aware who has written both majority opinions and concurring opinions in the same case. The majority opinions were the opinions of the three judge court. The concurring opinions were his separate additional perspectives. He has done this at least twice. He knows the difference between speaking for a court and for himself. Judge gorsuchs opinions also make clear his concern for the separation of powers and his keen awareness of the judiciarys independence. He has written that legislation belongs to congress and adjudi