While working full time. He has an unparalleled worth he cannic and passed down the passion for playing and watching sports. The lead republican Mitch Judiciary and meanwhile, these four red states. They were invited to attend the event at the white house tonight but declined. We know that Susan Collins and lisa mur you could ski declined invitations. All six of the folks considered critical votes that republicans in their case need to protect and the democrats need to keep on their side. Importantly, they both voted the two republican women did for kavanaughs confirmation to the d. C. Circuit court in 06. Now earlier tonight, Senator Collins of maine released a statement that highlighted judge kavanaughs extensive experience and read, i will conduct a careful, thorough vetting of the president s nominee to theSupreme Court, as i have done with the five Previous Supreme Court justices whom i have considered. I look forward to judge kavanaughs public hearing and to questioning him in a meeting in mi office. With all that, lets bring in our leadoff panel for a monday night, National Political reporter for the washington post. Moderator of Washington Week on pbs, chief washington reporter for the Boston Herald and Tom Goldsteen also back us with, veteran d. C. Attorney who has personally argued 41 cases before the Supreme Court as we like to remind our viewers, there are only three people in the modern era who have argued more cases before the Supreme Court. In his spare time, he is publisher of a blog about the court. He taught at harvard and stanford law schools and in that book that allows him to go first tonight. Tom, what do you make of the pick and what do you think the folks at home should make of the pick . Give them a viewers guide to thats right. But what is really important is that they studied all the words that involved abortion, Affirmative Action and gay rights and came to the conclusion that he Hadnt Written Anything that would create a real opportunity to block him. Now he has conservative decisions in a lot of the areas. And also in gun rights. But nothing so extreme that someone could say to americans, look, this would be a vote to overturn roe versus wade, therefore, you have to stop him. Instead, what you have is a very, very solid conservative jurorist. So robert, talk about what you know about the lobbying for and against this choice. There was actually an outcry on parts of the Republican Party inside parts of the Republican Party about as we were just discussing, his rulings on Certain Health care cases, Abortion Cases he was not conservative enough in the way he wrote up his opinions on those cases. As the president thought through his options, that conservative
frustration with judge kavanaugh actually seemed to work in his favor inside of the white house because he wasnt seen as someone who would be too far out on the right that couldnt bring along a senator Susan Collins or the senator lisa mukowski. To pick up on bobs point, do you think this will be enough to satisfy the right . Even the never trumpers that is Court Selections from this president. This is one area where republicans tend to be unified and while bob is right, there are some very conservative members of the senate who may have raised questions about whether kavanaugh is conservative enough whether he went far enough, for example, in his opinion that went against the federal Health Care Act but not on the merits. Whether he really went far enough on a case involving a teenager who was seeking to be released from Immigration Custody in order to have an aportion. Thats exactly right. And that may well have played a tiebreaking role. So Brett Kavanaugh worked for ken starr who people will remember from the clinton investigations and there was involved in pursuing an investigation of the president. But after that, he wrote a Law Review Article in which he talked about how it is that he thought that those were investigations were too much of a distraction on the president , that president needed to have his attention focused on his job. And in addition, his rulings on the d. C. Circuit have really favorite president ial powers. I think all that pointed in the direction of President Trump if he was concerned about a nominee who would really take his side in those cases. Not out of bias, but out of kind of his view of the jurisprudence. He did really well with Brett Kavanaugh. Since, tom, thanks to Attorney General sessions,
everyone who watches Television News can now recite the definition of the word recusal. Wouldnt there be grounds for him to recuse himself from a case having to do with the president who just appointed him to the court . No. There will be a lot of people would would think that and be concerned about the appearance of bias. But the rules about recusal in the Supreme Court are very, very, very tough because you cant replace a justice once they step out. So it is actually quite rare for a justice to take themselves out of a case. Its only when theyve been personally involved. So, for example, if he had heard a case on the d. C. Circuit he would be recused in the Supreme Court. But the fact that President Trump nominated him would not lead him to take himself out of any case. Robert costa, join us in watching and listening to senator durbin, democrat of illinois. Well talk about this on the other side. I cant predict how all of my 49 or 48 colleagues in the senate on the democratic side will vote. I will tell you simple math tells if you john mccain is abscent, its a 5049 senate, one republican senator can decide the fate of any supreme
court nominee. So importantly, thats from Meet The Press yesterday morning before we had the name in hand of judge kavanaugh as the president s nominee. Robert, talk about where you see the math that building behind you right now tonight. Its complicated for the democrats especially those running in states won by President Trump, if youre joe donnelly or bill nelson, democrat in florida, tough choices ahead. You realize youre running in states with a rough path to nomination. Theyre not going to immediately revive the culture wars in the same way judge Amy Coney Barrett may have done if she was nominated. So youre going to see Leader Shumer in the senate based on my reporting really try to get the Democratic Base engaged in this fight, make sure this is a Galvanizing Issue for the in the midterm elections and make sure its not just about abortion or contraception but Economic Issues facing the court are also brought up as a way of making sure democratic voters are engaged. Kim, we all have favorites. Members of the senate were going to be watching, who are yours . We are going to be watching, of course, Susan Collins and also lisa murkowski, the mod moderates on the republican side that will have questions about abortion rights and the senators that bob mentioned on the democratic side, senators from democrats from red states who are probably safe so long as murkowski and collins stay within the yes votes. If they vote against, that will put some pressure on those Red State Democrats. But i dont see anything so far that really seems that this is going to be a big, big push. I think republicans go into this with its advantage. President trump goes in with the advantage with his nominee as he would with just about anybody on this list made up by the Federalist Society and the heritage foundation, very conservative groups. I think unless there was some big thing that comes out, i
think that republicans can probably hold on and get him through. Tom, you had the first word. I want to give you the last. Isnt one of the leading reasons to choose a federal judge for the Supreme Court that they have already been confirmed by the u. S. Senate . Thats right. And there are people who voted for him. Now hes been on the court for a long time, more than a decade. So its not like you have Amy Comey Barrett who had just been confirmed by the senate. But it really is the case that it would be shocking to see any republican defect and vote against Brett Kavanaugh unless something came up in a background investigation. I think its right that theyre going to hold this vote closer and closer to the midterm elections, maybe three or four weeks before to put a huge amount of pressure on Red State Democrats and also to get the conservative base to the polls and really show this this is why they voted for donald trump which many of them did despite holding their noses about him as a person. Cant thank you enough. There is still breaking news story just hours old tonight. Robert costa, Tom Goldstein and kimberly atkins, appreciate you coming on. New signals in the russia investigation over truth and testimony. Well talk about both. And later, more on what this president s Supreme Court nomination could mean for this president s legacy in office. Were just Getting Started on a monday night. There is some basis for this investigation. What were asking him for is there the witch hunt that a lot of people think it is or is there a factual basis for this . George, he wants to testify. Thats hard to believe that anymore mr. Mayor. It is hard to believe given all the things that show how tanlted this investigation is. This is the most corrupt investigation i have ever seen. You think Robert Mueller is a biassed man . , no but i think he is vounlded by biassed people. Rudy giuliani reemerged. Tonight he was at the white house as trump announced the nomination of judge kavanaugh to fill the Supreme Court vacancy. After going dark for a time, rudy suddenly reappeared on three tv networks over the weekend. Laying out the latest requirements for a trumpmueller interview as you heard. He was also speaking about his clients former personal Attorney Michael Cohen who is currently under federal investigation. You are concerned that Michael Cohen is going to start cooperating with the feds . No. In fact, you know, if he wants to cooperate, i think its great. It will lead to nothing. Look, mueller gave it away. If this had any chance of leading to President Trump, dont you think mule woehr have kept this. So you have no concerns at all about anything that Michael Cohen might tell the prosecutors . As long as he tells the truth, were home free. I dont know what he has to flip over. What i do know is there is no evidence of wrongdoing with President Trump. I think hell tell the truth as best he can given his recollection. The newest lawyer former clinton aide lanny davis fired back at giuliani on twitter writing, did Rudy Giuliani really say on the sunday shows that Michael Cohen should cooperate with the prosecutors and tell the truth. Seriously . Is that trump and giuliani definition of truth . Stay tuned. Truth matters. It would all seem to indicate mr. Cohen would like to cooperate with the feds. As for rumored possible pardon
for mr. Cohen from President Trump, giuliani, no surprise, says thats offer the table at least for now. Ive advised the president which he understands no discussion of pardons. You cant abridge your power to do it. That is something you can decide down the road. And honestly, it would confuse everything. With us now to talk about it, mima roca for district of the Southern District of new york and from the Pace University school of law. And Michael Schmitt back with us as well, current actually. Rudy is in the room there tonight at the white house. At one point greeting Rob Rosenstein and other points greeting current u. S. Senators. How does that work . How does it work nominating a justice to the Supreme Court when youre under federal investigation . And what if that justice is then asked to rule on your case . I think this is problematic. Look, i dont think that he should be able to nominate a justice while hes under investigation. I think this puts the president in the lame duck category that Mitch Mcconnell put President Obama in when he was, you know, too close to the election and under the mcconnell rule. It seems that ship has sailed and this nomination is going to happen. I think what democrats need to do now is really look at what kavanaugh has said about the president ial power and about a President Being whether a president should be under investigation. And there is some debate about what his article that he wrote the minnesota law journal. Exactly. We think hell get grilled on that. And he should. Because whether or not trump picked him because he seems to have this view of the strong executive, many people will think that is why he was picked. People expect that of donald trump to look out for himself first and foremost. If kavanaugh cares about his own reputation and integrity of the court and what the American Public thinks about the Supreme Court and its independence, then he better have some good answers for that and he really should voluntarily recuse himself. He doesnt have to but he could voluntarily recuse himself from any cases growing out of the scenario about Criminal Investigation Vofrg involving the president. Michael, what do you think is behind the reemergence of one Rudolph Giuliani on tv over the weekend and serious question, how much law do you think he is practicing these days or is he mostly practicing what we see television . He is back obviously now. What rudy has done for the
president has been the public advocate that trump has wanted all along. Trump has wanted someone on the front lines who is going to fire as much as he was at mueller. He was going to be a fighter for him. Thats yes went out and got him. He didnt go out to get him for his legal mind. He didnt go out to get him to use in litigation. He got him to be a fighter for him. And the president thinks he is successful at. This giuliani can be confusing. He pushes many different theories about what is going on, some of them unfounded. And what he has done is he has helped he rode Public Opinion about the investigation. A poll that came out at the end of last week showed many more americans than at any point since the Mueller Investigation began in may of 2017 are skeptical of mueller and skeptical of the investigation. They think its gone on for a year. A washington lawyer was among other things a Clinton Impeachment lawyer. Clinton associate, clinton acalite. Do you think there is any doubt remaining at all that Michael Cohen plans to work for the feds . There is no doubt he wants to. I always try to add the caution that he needs to have something to offer. He needs a document for starters. He doesnt have to be charged before he he could operates. But not everyone gets to cooperate. There needs to be valuable information, information that the government can use. I think were all assuming that. That seems like a reasonable assumption built thats one predicate to him cooperating. The second one is he needs to be truthful. They need to believe what he is saying, test him. So assuming those things are true, yes. It does seem that his mind is now set on trying to cooperate. And, you know, i think lanny davis is the public advocate for cohen now. We said that giuliani is trumps. This is cohens answer to giuliani really. It will get to trump that lanny davis is playing in this game. Michael, lets talk about the work of one of your colleagues tonight. This was posted. Trumpputin phone call back in march. He told mr. Putin that russia and the United States, this is the president on the phone, should get along better. And he kmiz rated with mr. Putin
over Trump Administration officials whom the russian president said had tried to prevent the call from happening, according to a person wi