'This Week' Transcript: Leahy and Sessions

I'd just ask her, "Ms. Kagan, is it constitutional, under the commerce clause -- would it be -- for the federal government to require people to take calisthenics? If not, why not?"

And I think, either the commerce clause is infinitely elastic or it's not. Now, you can -- she couldn't dodge that by saying, well, I can't -- that's currently being litigated. It's not, but it really is, in another sense.

TAPPER: We have to take a quick break. We're going to have a lot more on this. The roundtable will continue in a moment. And later, the Sunday funnies.


DAVID LETTERMAN, HOST, "THE LATE SHOW": It looks like the next Supreme Court justice could be a New Yorker. Her name is Elena Kagan. She has never -- here's the catch -- has never argued before a judge before, but -- but, living in New York City, you know, she's argued in cabs; she's argued in subways.


She's argued in delis. She's argued in her apartment.


TAPPER: Coming up next, more of the "Roundtable" and the "Sunday Funnies."



DIANE SAWYER, ABC NEWS HOST: Crews moved into place with their latest best hope for containing the spill. But even the experts say they don't know if it will work.

UNIDENTIFIED MALE: How much work this environmental catastrophe gets is riding on how well that huge steel containment dome works.

SHEPARD SMITH, FOX NEWS HOST: A giant dome experiment ended in a giant failure.

UNIDENTIFIED MALE: Their solution for this is to try a smaller dome.

DOUG SUTTLES, BP: In a way, there's sort of multiple plan "B's."

UNIDENTIFIED MALE: If that doesn't work, later in the week, they'll try the hot tap. Next week, they'll try the junk shot, literally firing debris, golf balls and tire chards into the leaking pipe, hoping to clog it.


TAPPER: Scenes from the environmental disaster in the Gulf, one of the many topics we'll talk in this segment with our "Roundtable."

As always George Will, former Obama White House counsel Greg Craig. Salon.com columnist Glenn Greenwald, former Bush White House counselor Ed Gillespie and "New York Times" reporter Helene Cooper.

One of the issues that Elena Kagan might face, if she is confirmed to the Supreme Court, Helene, is the fact that the Obama administration seems to want to rewrite the Miranda rulings and how much time they can have before they read the terror suspect his rights or bring them before a judge. Why are they doing this?

COOPER: There are two reasons. There's political and then there actually is the legal reason. On the second part first, the Miranda -- the trying to rewrite Miranda, is really, I think not as big a deal as the second thing, which is the presentation.

You know, there's only so much you can do with the Miranda rights before the Supreme Court would become involved. You can twiddle around with them a little bit but then at some point it would end up at the Supreme Court and they would make a decision.

What the Obama administration really wants is more time before they have to take a terror suspect before a court or before a judge. There's the belief, among many people, in law enforcement that if that interrupts the flow of getting a confession, it interrupts the flow of getting information out of a terror suspect, actually physically taking them to a court and taking them to a judge to become arraigned. And that's where the administration would like to get a lot more time.

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