KYL: I am going to abide by what became known as the rule of the gang of 14. After President Bush was elected in 2000, Democrats successfully filibustered or threatened to filibuster 12 judges on the circuit court of appeals that were nominated by President Bush, including Miguel Estrada, an extraordinarily fine individual. And that was beginning to get out of hand, and eventually 14 senators got together and said, look, we will not filibuster any judge except in extraordinary circumstances. And that's pretty much the way that it's been ever since then. And that's why I think both Chuck and I would agree that it is unlikely that there would be a filibuster, except if there is an extraordinary circumstance. I'm never going to take it off the table because of what the Democrats have achieved here, which is the possibility of a filibuster.
President Obama himself attempted to filibuster Justice Alito, who now sits on the Supreme Court. So if the president isn't going to take it off the table, I'm not going to take it off the table. But I think it can easily be avoided by appointing, frankly, the kind of person that Senator Schumer just mentioned, someone who is mainstream enough that with intellect and the application of good law can persuade colleagues to support his position or her position.
SCHUMER: And the only good news, I'd say, Jake, is I think that it's just about a certainty that the president will nominate someone in the mainstream, so the likelihood of a filibuster is tiny.
TAPPER: We only have a couple of minutes left, so I am going to exercise my prerogative against filibusters with you two, if you would, just bear with me and be very quick. I want to ask about a couple of international issues.
Senator Schumer, the Israeli newspaper "Yedioth Ahronot" quoted an anonymous confidante to President -- I'm sorry, to Prime Minister Netanyahu, calling President Obama quote, "the greatest disaster for Israel, a strategic disaster." I'm sure you have some constituents who share those views, and perhaps those concerns. Do you think that the White House has behaved towards Israel and the prime minister of Israel as you would want them to?
SCHUMER: Well, let me say this. I think everybody here in the United States, virtually everybody, and the vast majority of Israelis want peace. They're willing to accept a two-state solution. The best way to bring about that peace is let the two sides negotiate, and bring them together.
I think one of the problems we have faced in the Middle East is that too many of the Palestinians, they elected Hamas, sworn to Israel's destruction, don't really believe in peace. And I do believe that you have to let the two parties come together. If the United States imposes preconditions, particularly on the Palestinian and Arab side, they'll say, we won't come and negotiate.
TAPPER: Very quickly, Senator Kyl. You helped lead the cause of immigration reform in 2007. Senate Majority Leader Harry Reid said that he is going to bring up immigration reform. You said the other day in Yuma, Arizona, that Republicans will use the opportunity to filibuster. Are you going to help with the filibuster of immigration reform?