'This Week' Transcript: Leahy and Sessions

GILLESPIE: And I think there are legitimate questions as to whether or not her policy views; she's going to continue to try to make policy from the bench. I think that's what Senator Sessions was alluding to as the primary concern, I suspect you'll see, is President Obama looking to put a political ally on the court to sustain a lot of his agenda that's going to come before the court, likely, over the next many, you know, five years, six years, seven years.

TAPPER: Helene, I want to play for you some sound. First is a commercial from the Judicial Crisis Network.


ANNOUNCER: Elena Kagan, who, as the dean of Harvard Law School, kicked the military off-campus, incredibly, during a time of war. When Dean Kagan...


TAPPER: There's that, and then there is also this sound from former House speaker Newt Gingrich, speaking last night at the NRA convention in Charlotte, North Carolina. Here's Speaker Gingrich.


FORMER REP. NEWT GINGRICH, R-GA.: She, as dean of the Harvard Law School, took an effort to block the American military from the Harvard campus, all of the way to the Supreme Court, during a war. And that is an act so unbecoming an American that she should be disqualified from the very beginning.



TAPPER: Whoa. Now, I know the White House feels like she's going to be confirmed. But it looks like Republicans are getting ready for a big fight.

COOPER: I think we should be bracing for another version of, you know, Hollywood on the Potomac. This is what we do here in this town. And there's going to be a lot of Washington-produced drama in the next few weeks, as Elena Kagan goes before the Senate.

But, at the end of the day, the reality is, there was no mystery about this pick at all. People expected President Obama to go with Elena Kagan and he did. She's been so thoroughly vetted. The White House is feeling pretty confident at this point.

And you talk to people and they -- you know, they didn't -- they feel like they didn't go with, you know, somebody who's way out there on the left or anything like that. And they've been already passing around e-mails and that sort of stuff to people like Scott Brown and Susan Collins.

And they think they -- they pretty much seem to think they have it in the bag. And I think, you know, we're going to hear a lot about the gays in the military and Don't Ask, Don't Tell and what she -- you know, her position at Harvard there. But, at the end of the day, the reality is, you know, she's going to be going through.

TAPPER: George?

WILL: It is unfair to say that she kicked the military off Harvard's campus. Harvard did that. It is as unfair for her to say, as she repeatedly has done, that this is the military policy that she's objecting to.

She's objecting to the law of the United States, passed by a Democratic Congress and signed by a Democratic president in 1993. Eighteen currently sitting Democratic senators voted for Don't Ask, Don't Tell, including Harry Reid, John Kerry, Mr. Leahy, who is here today, and no longer a senator, the vice president, Joe Biden.

GREENWALD: Let me just -- I mean, there are real questions about Harriet -- about Elena Kagan.



GREENWALD: No, to compare her to Harriet Miers is ludicrous. Her achievements -- Elena Kagan's achievements are vastly more impressive, as are her abilities.

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