Transcripts For FBC Countdown To The Closing Bell With Liz C

FBC Countdown To The Closing Bell With Liz Claman March 20, 2017

Helped the program to pursue deadbeat dads. And her idea of daycare sometimes meant i got to spend the day wandering the halls or tagging along behind the police officers. She taught me that headlines are fleeting, courage lasts. My dad taught me that success in life is has very little to do with success. Wed me, is a great virtue. He showed me, too, that there are few places closer to god than walking in the wilderness or wading a trout stream. Even if it is an awfully long drive home with the family dog after he encounters a skunk. [laughter] to my grandparents, as a boy i could ride my book to their homes. They were a huge influence. My moms father, poor and irish, worked to help support his family as a boy after losing his own dad. But the nuns made sure he got an education, and he became a doctor. Even after he passed away, i heard stories for years from grateful patients who recalled him kneeling by their bedsides so they might pray together. His wife, my grandmother, grew up on a Nebraska Farm where an icebox wasnt something you plugged into the wall, but something you lowered into the ground. With seven children, she never stopped moving, and she never stopped loving. My dads father made his way through college working on denvers trolley cars. He practiced law through the great depression, and he taught me that lawyers exist to help people with their problems, not the other way around. His wife came from a family of pioneers. She loved to fish. And shes the one who taught me how to tie a fly. I want to thank my friends, so many of whom are here, liberals and conservatives and independents from every kind of background and belief. Many hundreds have written this committee on my behalf, and i am truly touch by their support. They have been there for me always. Not least, we recently lost my uncle jack, a hero of mine and a lifelong episcopal be priest. He gave the benediction when i took an oath as a judge 11 years ago. I confess, i was hoping he might offer a similar prayer be soon. As it is, i know he is smiling. Independence, and integrity. Their work that helps make real, the constitution of laws of the United States for all of us. I want to thank my legal heroes. Byron white, my mentor, a product of the west. He modeled for me judicial courage. He followed the law wherever it took him, without fear or favor to anyone. War hero, road scholar, and, yes, the highest paid nfl Football Player of his day. Today, theres god, theres john elway, and theres peyton manning. My childhood, it was god and byron white. I also had the Great Fortune to clerk for justice kennedy. He showed me that judges can disagree without being disagreeable. That everyone who comes to court deserves respect. That a case isnt just a number or a name but a lifes story and a human being with equal dignity to my own. Justice scalia with a mentor too. He reminded us that words matter. That the judges job is to follow the words that are in the law, not replace them with those that arent. His colleagues cherished his great humor too. Now, we didnt agree on everything. Justice fished with enthusiasm of a new yorker. He thought the harder you slap the line on the water somehow more the fish would love it. Finally, theres justice jackson. He wrote so clearly that everyone could understand his decisions. He never hid behind legal jargon. And while he was a famously fierce advocate for his client when he was a lawyer, he reminded us that when you become a judge, you fiercely only defend one client. The law. By their example, these judges taught me about the rule of law and the importance of an independent judiciary. How hard our forbearers worked to win these things. How easy they are to lose. How each generation must either take its turn carrying the baton or watch it fall, sometimes we hear judges described as politicians in robes, seeking to enforce their own politics rather than striving to apply the law impartially. If i thought that were true, i would hang up the robe. The truth is i just dont think thats what the life is about. As a lawyer, many years working in the trenches, i saw judges and juries while human and perfect striving hard every day to fairly decide the cases. A judge for more than a decade, ive watched my colleagues spend more days worrying over cases. Sometimes the answers we reach arent the ones we personally prefer. Sometimes the answers follow us home at night and keep us up. But the answers we reach are always the ones we believe the law requires. And for all its imperfections, i believe that the rule of law in this nation truly is a wonder and that its no wonder that its the envy of the world. Of course, once in a while we judges do disagree. But our disagreements are not about politics but about the laws demands. Let me offer an example. The first case i wrote as a judge to reach the Supreme Court divided 54. The court affirmed my judgment with the support of Justice Thomas with Justice Stevens and scalia in dissent. Now, thats a lineup some might think unusual. But actually, its the exactly sort of thing that happens quietly day in and day out the United States Supreme Court and in the courts across this country. I wonder if people realize that justices thomas agree about 60 of the time. Or that justices scalia and briar agreed even more often than that. All in the very toughest cases in our entire legal system. And heres another example about my record. Over the last decade, ive participated in over 2,700 appeals. Often these cases are hard too. Only about 5 of all federal lawsuits make their way to decision in the court of appeals. Ive served with judges appointed by president obama, all the way back to president johnson. And in the tenth circuit, we hear cases from six different states covering two time zones and 20 of the continental United States. But in the west, we listen to one another. Respectfully. We tolerate. We cherish different points of view. And we seek consensus whenever we can. My law clerks tell me that 97 of those 2700 cases ive decided were decided unanimously. And that ive been in the majority 99 of the time. Thats my record. And thats how we do things in the west. Of course, i make my share of mistakes too. As my daughters never tire of reminding me putting on a robe does not make me any smarter, and ill never forget my first day on the job carrying a pile of briefs up to the step of the bench, i carried on my robe and just about everything went flying. But troublesome as the robe can be, the robe does mean something to me and not just that i can hide the coffee stains on my shirt. Putting on a robe reminds us judges that its time to lose our egos and open our minds. It serves too as a reminder of the modestation we judges are meant to occupy in a democracy. In other countries, judges wear scarlet, silk. Here, judges, we judges buy our own plane black robes. And as senator seth knows, i can attest the standard choir outfit at the local uniform supply store is a pretty good deal. Ours is a judiciary of honest, black, polyesther. When i put on the robe, im also reminded for this body, the peoples representatives to make new laws. For the executives to ensure that those are faithfully executed and for neutral and independent judges to apply the law in peoples disputes. If judges were secret legislatures declaring what the law is but what they would like it to be, the very idea of government by the people and for the people would be at risk. And those that came before the court would be in fear, not exactly sure what the law requires of them except for the judges will. Ms. Alexander hamilton said liberty can have nothing to fear from judges who apply the law but liberty has everything to fear if judges try to legislate too. In my decade on the bench, ive tried to treat all who come before me fairly and with respect and afford equal right to poor and rich. Ive decided cases for native americans seeking to protect for class actions like one that ensured compensation for victims of a Large Nuclear waste, pollution problem, produced by corporations in colorado. Ive ruled for disabled students for prisoners, for the accused, for workers alleging civil rights violations, and for undocumented immigrants. Sometimes too, ive ruled against such persons. My decisions have never reflected a judgment about the people before me. Only a judgment about the law and the facts at issue in each particular case. A good judge can promise no more than that and a good judge should guarantee no less. For a judge who likes every outcome, reaches probably a pretty bad judge stretching for policy results he prefers rather than those the law compels. Mr. Chairman, as a student many years ago, i found myself walking through the old granary Burial Ground in boston. Its are paul revere, john hancock, and many of our founders are buried. And there i came across the tombstone of a lawyer and judge who today is largely forgotten. As were all destined to be, soon enough. His tombstone had written on it almost 200 years ago a description of a man. As a lawyer, he was faithful and able. As a judge, patient, impartial, and decisive. In private life, he was affectionate and mild. In public life, he was dignified and firm. Party feuds were laid by the correctness of his conduct. Was silenced by the weight of his virtues. And ran rancor softened. Mr. Chairman, those words stick with me. I keep them on my desk. They serve for me as a daily reminder of the laws integrity that a useful life can be led in its service of the hard work it takes and an encouragement to good habits when i fail and when i faulter. At the end of it all, i can ask for nothing more than to be described as he was. And if confirmed, i pledge to you that i will do everything in my power to be that man. Thank you, judge. I have just that was President Trump judge kneel gorsuch just reading his statement before the Senate Judiciary committee on day one of his confirmation hearing. The stake of course is the balance of the countrys highest court. Judge gorsuch of course recognizing his family, he got quite emotional. Also went on to say that judging can be a lonely and hard job. He says judges are not just politicians in robes. He says if that were the case, he would have never been a judge. And he says when you do put on the robe, you lose your egos, and you opened your minds. Interesting. Very smooth, i think, Opening Statements from judge neil gorsuch in front of the judiciary committee. Lets bring in texas donor general kentucky paxton and Cyber Security svp of judge gorsuch. Mr. Paxton, let me begin with you. We heard all of the Committee Members get in there, their Opening Statements to the judge. Some good. Some not so goin good. But overall, how would you characterize his Opening Statement today . I loved it. I thought it was a great, humble Opening Statement. I loved what he said about the policy and the law on the facts to each individual case as opposed to finding some policy that he wants, like the story he told about his family and his background. I also like the fact that he has an amazing academic background and certainly an amazing experience being in the majority most of the time. I thought it was a very good Opening Statement, and i think hes going to do quite well today. Ashley jamel, you worked with neil gorsuch, can you tell us what hes like . Thats exactly who he is. Whats neat about todays Opening Statement, you saw the man for who he is. Hes humble. Hes modest. He cares deeply about people, whether theyre his law clerks or his family, and he cares a lot about getting the law right. Its not about making policy choices for him. Its about getting the law right, and thats whats important in our democracy. Ashley so attorney general paxton, mr. Gorsuch will then start taking questions, i believe, tomorrow. What other areas do you think his critics will focus on . You know, one of the issues may be that his ruling on the hobby lobby case that related to contraceptive rights and the rights of religious freedom and individuals in a corporation. I think he might see questions about his views on the chevron doctrine, which is giving deference to agencies. So i think those are two of the issues that hell get questions about abortion rights and samesex marriage, although i dont think hes ruled on either types of of the issues. Ashley jamel, is it fair to weigh on a very conservative judge that has a very conservative cause, and hes just a rubber stamp for the Trump Administration . Absolutely not. He believes very strong, and you heard it in his Opening Statement in the independence of judiciary. That putting on the robe means something different. Youre no longer an advocate. Youre a neutral hoosier of the law. And his cases proved that. A lot of people try to paint him as one thing or another, but his cases show its not about conservative or liberal, its about what the law requires in the relevant laws. Ashley so how do you think hell handle this questions, mr. Paxton when he really is about the hotbutton issues that democrats are going to try to trip him up on or at least have their say and make their point . Sure. Hes a pretty smart guy, so i think youll find him handling these pretty darn well. Hes not going to answer specific questions about issues that might come before the court, but hell do his job, and hell address the questions i think in a very appropriate, smart way, and i think ultimately youll see this guy confirmed fairly overwhelmingly. Ashley do you think thats the case without the gop having to, you know, use the socalled Nuclear Option to get the lower threshold to get the pass in the senate . You know what . Im optimistic just because this man is so qualified. I mean, if you look at his legal background and his academic background and just the way youre going to see him handle himself and just as your other guests just mentioned how humble he comes across and how really focused on looking at each case individually and making his decision based on the facts and the law of that case. Ashley you worked with him. What was he like . Did he have a good temper, a bad temper . Did he treat you well . Hes a great guy. Very down to earth. Hes the guy i go to when i have challenges in my life, my father passed we, he taught me how to fly fish. I was so bad at it that i took the rod, got a fish on the guy, and gave it back. The kind of guy you want to have a beer with. Ashley no better endorsement than that. Thank you, both, so much for taking time to speak with us about judge gorsuch. Appreciate it. Thank you. Appreciate it. Ashley to say it has been a busy day on capitol hill an understatement. Fbi director james comey and nsa director admiral mike rodgers in the hot seat as lawmakers grilled the two on russias potential role in the 2016 president ial election. Mr. Comey confirming the fbi is investigating russias interference in the election, including whether there were contacts between russianals andp campaign. Lets get right to fox business blake burman standing by live at the white house. I said it was a busy day, blake. Happy monday there, ashley. Got tuesday, wednesday, thursday, friday to go i guess; right . Ashley yep. So lots of headlines out of this one. You just mentioned one of them. The fbi director james comey confirming there is an investigation into possible collusion between russia, the Trump Campaign. He said this has been going on, the investigation has since late july. He also would not put a timetable on when it might wrap up. He also talked about the tweets that the president had sent out a couple weeks ago that president obama had wiretapped him, and he said at this point mr. Comey did, that there is no evidence to back that up. Also pointing to the department of justice saying they wanted that message to be put out there as well. Republicans started off the chairman of the House Intelligence Community devon nunez by asking the nsa director mike rodgers whether or not any potential russian influence actually impacted vote totals. Whether it might have had an impact on michigan, ohio, pennsylvania, north carolina, florida, he went through a bunch of swing states and mr. Rodgers said no. So here at the white house after that, they sent out a tweet from the official potus account, president of the United States. And here was their first reaction to that. And he said im quoting here, the nsa and fbi Tell Congress that russia did not influence electoral process. That is a bit twisting of the words there because mr. Comey was then asked about that, and he said no. No. Thats not exactly what i had to say. Listen here to james comey. We offer no opinion, have no view, have no information on potential impact because its never something that we looked at. So basically he was saying, look, theres an open investigation. But as far as the impact into the process, he wasnt ready to render an opinion on that. By the way, what theyre saying here at the white house, ashley, they are pushing back on the whole possible collusion between russia and the Trump Campaign saying at this point no evidence has been provided. Detailing that. They also say folks within the old Obama Administration prove that point as well. They also were trying to make the point that it is leaks, and it was the fbi director james comey who has said there are has been an unusual activity of leaks. They say it is the leaks that is the big story. By the way, you mentioned it was or it has been a busy day here at the white house. The iraqi Prime Minister just got here about five minutes ago. He is meeting with President Trump as we speak. Ashley and the beat goes on. Blake burman, youre earning your paycheck. Thank you so much and there we see indeed the president welcoming the Prime Minister of iraq as he comes to the white house. Haider. Of course the battle goes on in iraq to try to eradicate isis, the battle in mosul goes on, im sure that will be a big part of

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