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Thank you. you will testify this week for many hours regarding your... bill: that's the first round. jeff sessions, the republican senator out of alabama, what he was going after there was the issue that cropped up when alane indicati -- elena kagan was the dean of harvard law and the u.s. was fighting two wars overseas and military recruiters who were supposed to given access to universities like harvard were denied access to certain parts of the campus and by law the department of defense can cut off all defending to harvard and you heard jeff sessions talking about the, quote, legal progres...

Were blocked, they were stonewalled, they were getting the runaround from harvard. by the time they realized that you had actually changed the policy, that recruiting season was over. and the law was never not in force. i feel like you mishandled that. i'm absolutely confident you did. and -- but you continue to persist with this view that somehow there was a loophole in the statute that harvard did not have to come ply with, after congress had written a statute that would be very hard to get around. what did the supreme court do with your brief, how did they vote on your brief, attacking the ...

What the law says, whether it's the constitution or whether it's the statute. now, sometimes that's a hard question, what the law says, and sometimes judges can disagree about that question, but the question is always what the law says. and if it's a constitutional question, it's what the text of the constitution says, it's what the history says, the structure, the precedent, but what the law says. not what a judge's personal views are. >> i agree, but the point i just wanted to raise with you is that this idea, this concept of legal progressism is afoot. i know c.j.dion had an article, starre...

The other landmines for the kind of fireworks are. >> based on what i heard yesterday in terms of the republican forecast including hatch they'll focus on her experience, they can't go after her for never being a judge, 1/3 of the supreme court justices in history were not judges and judges scalia, one of the most conservative justices said i think it is good the currents nominee, talking about her is not a judge, we need diversity in terms of opinion and they can't go there but can talk about qualifications an experience, look at judges like our former chief justice rehnquist, he was not a ju...

And she had such a problem and she worked for him and wanted to kick the military off of her campus recruiting office and she said they had equal access through this veterans and recruiting went up during my tenure and critics said thanks to the hustle of the veterans, that is why the numbers went up, she cannot take credit for that. martha: it is interesting, and, he was narrowing it down to that, how do you feel about the military, when given the opportunity to work with them you gave them the run around, he said, and she said i revere the military and he said i'm not sure, which i thought, ...