'This Week' Transcript: Leahy and Sessions

I think, let's, you know, I realize you have so many special interest groups on the far right or the far left who have points. Ignore those. We ought to make up our own mind. We should be bright enough to do it.

This recruiting thing -- if somebody wants to go in the military, they usually find a recruiter. I mean, I don't think there was a recruiting station on the campus when my youngest son went and joined the Marine Corps. He wanted to join the Marine Corps. He had no trouble finding a recruiter. And I think in this case, the recruitment went on at Harvard all the way through. This really is trying to make up something out of whole cloth.

SESSIONS: Jake, I don't agree. This is controversial at Harvard. That's one reason she began to try to meet with military to try to assuage their concerns. She disallowed them from the normal recruitment process on campus. She went out of her way to do so. She was a national leader in that, and she violated the law of the United States at various points in the process.

TAPPER: Well, let's talk about the legal aspect of it, because Chairman Leahy, Senator Sessions points out that when she was dean, she joined a friend of the court brief suing the Pentagon effectively, challenging this law, and it was rejected. That point of view and the friend of the court brief were rejected 8 to nothing by the Supreme Court. That includes Justice Ginsburg, Justice Breyer, Justice Stevens saying Elena Kagan, you're wrong, your side is wrong. Now, it was just a friend of the court brief, but doesn't that unanimous verdict basically show that Kagan was expressing her political beliefs and not looking at the rule of law?

LEAHY: You know, if we had -- if we said that any lawyer who ever filed a brief at the Supreme Court, that they couldn't serve on the Supreme Court because the case lost, half the members who are on the Supreme Court today would not be on the Supreme Court.

She stated a position. She challenged the law. The law was upheld, and she said we will follow the law at Harvard. I don't know what else you could ask for.

TAPPER: All right, I want to move on to--

(CROSSTALK)

LEAHY: Laws are challenged all the time. That's why we have appellate courts.

TAPPER: I want to move on to another matter. When -- during the Bork hearings, Robert Bork, Senator Sessions, was asked about his personal views of God, whether or not he believed in God. A lot of people thought those questions went too far. In the last few -- in the last week, we were told by the White House that after a blog post went up at CBSnews.com that incorrectly said that Elena Kagan was not straight -- and again, that is not true -- but Elena Kagan went to the White House, said this is not true, I am straight. How far is too far when looking into a nominee's personal life?

SESSIONS: I think you've got to be careful about that. I don't believe that is a fundamental judgment call on whether a person can be a good judge or not. We need to know how able they are to ascertain the real legal issues in a case and deciding it fairly and justly. Will they restrain their personal political views and follow the law faithfully and serve under the Constitution? That's the fundamental test in personal integrity. So those are questions that go to the heart of whether a person will be an able judge or not.

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