Official Alito Hearing Thread – Day 5 – Thread 1

[Viva_La_Revolution]

Good Morning, Junkies!

Witness panels on the schedule this morning...

Academics and Colleagues
Vanguard and Abortion

6 minute countdown

[Sydnie]

1. Good morning!

Catching the end of the "Flake" morning on WJ. What an ass he is!

[Viva_La_Revolution]

2. Did ya hear that last caller?!

He's a libertarian Repug who wants to join with the Dems to knock Alito out of the running and bring back Meirs!! LOL

[hang a left]

4. I just can't stand listening to those callers.

Most of them are really stupid.

[Sydnie]

5. I did. Amazing, isn't it?

Right now I would rather have Miers I think. She was scary but not as scary as this evil bastard.

[OmmmSweetOmmm]

3. Thanks for the head up Viva and good morning! eom

[Viva_La_Revolution]

6. Gaveled to order

[Viva_La_Revolution]

7. Witness list for last 3 panels

Thanks to Sammy Pepys - Newbie DU'er

PANEL IV

1) Nora Demleitner

Professor of Law

Hofstra University School of Law

Hempstead, NY

2) Erwin Chemerinsky

The Alston & Bird Professor of Law

Professor of Political Science

Duke University Law School

Durham, NC

3) Anthony Kronman

The Sterling Professor of Law

Yale Law School

former Dean of Yale Law School

New Haven, CT

4) Beth Nolan

Partner

Crowell & Moring LLP’s Litigation Group

Counsel to the President 1999 - 2001

Washington, DC

5) The Honorable Charles Fried

Former Solicitor General of the United States

Beneficial Professor of Law

Harvard Law School

Cambridge, MA

6) Laurence H. Tribe

Carl M. Loeb University Professor

Harvard Law School

Cambridge, MA


PANEL V

1) Fred Gray

Senior Partner

Gray, Langford, Sapp, McGowan, Gray & Nathanson

Tuskeegee, AL

2) Kate Michelman

Former President

National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America

Washington, DC

3) Ronald S. Sullivan, Jr.

Associate Clinical Professor of Law and

Supervising Attorney

New Haven, CT

4) Amanda Frost

Assistant Professor of Law

American University Washington College of Law

American University

Washington, DC

5) John G. S. Flym

Retired Professor of Law

Northeastern University School of Law

Boston, MA


PANEL VI

1)Kate Pringle

Partner

Friedman, Kaplan, Seiler and Adelman LLP

New York, NY

2) The Honorable Charles A. Gonzalez

United States Representative (D-TX, 20th District)

The Honorable Debbie Wasserman Schultz

United States Representative (D-FL, 20th District)

3) Jack White

Associate

Kirkland and Ellis LLP

San Francisco, CA

4) Reginald M. Turner, Jr.

President

National Bar Association

Washington, DC

5) Theodore Shaw

President

NAACP Legal Defense and Educational Fund

Washington, DC

[in_cog_ni_to]

8. Mornin' you little commies!

Do we know if these are Dem or repuke witnesses? Or do they mix 'em up? I just couldn't watch the witness crap yesterday...it was so boring!:bored:

[Sydnie]

9. I hate when written statements are in the record with out ever

being spoken out loud. Are we in such a hurry that we can't be bothered to read them out loud, just once, somewhere? Always makes you wonder what they are hiding but looking them all up would take a lifetime.

edit - note to self - engage brain before typing!

[in_cog_ni_to]

10. OMG...she's worships ScAlito and is a Dem? and a member of ACLU?

PUHLEEEZE. Give me a fucking break.

[OmmmSweetOmmm]

11. Left leaning? Alito "Greatest Legal Mind"???? How much is she going

to get out of this????

[in_cog_ni_to]

14. New White House legal advisor?

Just a guess.

[OmmmSweetOmmm]

21. Or even better... Fed. Judge appointment??? eom

[in_cog_ni_to]

12. Have there been any witnesses AGAINST

this rat bastard yet?

[hang a left]

13. Yesterday

I watched one panel.

[in_cog_ni_to]

15. And they spoke AGAINST him? n/t

[Viva_La_Revolution]

16. Professor Lui yesterday

Had issues with several of Alito's rulings/opinions.

They immediately went back to the other witnesses and let them rebut.

[OmmmSweetOmmm]

17. Liu was excellent as he was very clear and concise. eom

[in_cog_ni_to]

18. I KNOW THIS GUY!

He's on TVeee all the time as a legal expert.

[Viva_La_Revolution]

19. Chemerinsky

Listing the various crimes of the Bush admin. trying to circumvent the constitution.

He is here today because he believes at this time in our history Alito is dangerous to our country!

my new hero!

[in_cog_ni_to]

22. He was GREAT! His testimony was too short though.

Are they limited in time?

[Viva_La_Revolution]

39. 5 minutes each

being strict about time today, several went over yesterday

[Sydnie]

28. the one time I leave the room for a poddy break and I missed him!

That's it. I need to replace my computer chair with a toilet right away!

[DemonFighterLives]

32. He's about the best we can hope for

Questioning the unlimited power of Potus.

[in_cog_ni_to]

20. He's carefully read ScAlito's rulings...

Strip search issue...qualified immunity...any judge should know it was a violation of the constitution!

[Viva_La_Revolution]

23. Anthony Kronman - former classmate at Yale

Now a Yale Law Professor.

[NYC Liberal]

24. He's "generous" and he "listens"

Great, but does he follow the LAW??

[in_cog_ni_to]

25. He had no political agenda of any kind?

This guy is a Democrat. Oh great.

[NYC Liberal]

26. He is a "JUDICIOUS judge"! HAH!

[ProfessorGAC]

69. How Is That A Compliment?

If he's not judicious, he shouldn't be a judge. That's just idiotic. Even the witnesses are dumbasses. Just like Alito.
The Professor

[Viva_La_Revolution]

27. Beth Nolan - speaking about Executive Power

[pberq]

30. finds Alito's statements troubling

[Sydnie]

33. I am liking her

Can't we have her instead?

[sasha031]

36. yes I just caught her in the last sec

is she from the Dem's list

[sasha031]

29. Good morning my comrades

are they going to have more witnesses claiming how fair and balanced Alito record has always been.

Will the wife have a fainting spell due to all those mean Democrats asking her master questions.

[Sydnie]

31. Good Morning

You did swell yesterday! Thanks!

Wifey is in an undisclosed location ... sleeping it off, no doubt.

[sasha031]

34. I just arrived

who is testifying, is she from the Dem's' list?

[Sydnie]

35. Beth Nolan

I haven't seen a break out of which list any of these people are on, have you?

[sasha031]

38. no

but she seemed to not be a cheer leader for Alido,

[Viva_La_Revolution]

37. Charles Fried - Fmr. US Solicitor General

[Skidmore]

40. Man appears to be comfortable with chameleons.

[Skidmore]

45. Are the Rs trying to present Alito as a little left leaning today?

[Sydnie]

46. When it suits him it appears. n/t

[Sydnie]

43. "in 1985 - he wanted a job"

Let's all lie about ourselves and get that job! This guy reminds me of the guy that used to do the prayer at the end of "your television broadcasting day" many years ago, just before the test pattern started.

[Cooley Hurd]

44. ...under Reagan, and he thinks the Dems' line of questioning...

...was appropriate.

[Viva_La_Revolution]

41. Laurence H. Tribe - "I'm not here to endorse or oppose..."

Issues of personal liberty (especially for women) and strengthening executive powers

[Viva_La_Revolution]

48. Supreme Court WILL cut back on Roe if Alito is confirmed

[sasha031]

42. he is in the mainstream

of the 3rd reich

[sproutster]

47. I like Laurence Tribe -- He speaks for me :D

[Sydnie]

49. I hope they are listening to him!

He's scaring the shit out of me. He is saying all the things I fear most.

[sproutster]

50. He's laying it down

He is saying how it will be accomplished, and saying it's about LIBERTY.

[Viva_La_Revolution]

51. "Special Liberty" Womans right to choose

[Sydnie]

52. Where the hell are all the Senators?

They invite these people to the party but don't show up themselves? How rude!

We need to get this guys testimony and fax it to all of their offices!

[sasha031]

53. I expect Spector to ask him

Are a Democrat! you can't have a point of view without being partisan in a repukes mind.

[Viva_La_Revolution]

54. Chemerinsky - His record shows high deference to executive

power. Spector cuts him off

[sproutster]

58. He cut off Nolan too, when she corrected him about a FISA issue

under past administration. She wanted to make clear that Aims (sp) was about physical searches not addressed under FISA and the administration submitted an amendment.

[sproutster]

55. Will he be a rubber stamp?

The record speaks for itself - there will be no checks and balances.

[sasha031]

56. he will be a rubber stamp for executive power

[Sydnie]

57. AARRGGHH why ask the question if you are not going to listen to

the full answer? That's infuriating!

[Viva_La_Revolution]

59. Leahy - last month McCain amendment was passed...

admin exempted themselves.
Asking what would happen if a case came before the court concerning this?

Which would have more wt?

[Sydnie]

60. Beth Nolan is very smart and makes a great arguement

Will we hear this talked about on the Sunday shows? NOT.

[sasha031]

61. no they will discuss the stress that wife was put under

[sproutster]

62. What weight will the court give the torture ban

The part the congress signed, or the presidents statement?

...having hard time following... but it's coming down to unitary executive theory. Interrupted - and Leahy picks up. Now Hatch

[Viva_La_Revolution]

63. Hatch up now

Will we get questions or bloviations? hmmmm?

actual question! What is the dif. between settled law and settled precedence?

[sproutster]

64. Settled precedents

Fried - Alito's answers were admirable.

[WinkyDink]

65. Yes, saying non-committal responses are the bee's knees.

[Sydnie]

66. and he would know a bee's knee when he saw one!

Couldn't resist.

[Viva_La_Revolution]

67. Kennedy now - Unitary Executive

[Viva_La_Revolution]

68. Pointing out that Alito seems to think the Executive branch

should be able to influence legislative, to increase Executive Powers

Tribe answering

[Sydnie]

71. I think Tribe is very reasonable in his answers

I just hate everytime Specter interrupts him. Let him answer if you want the knowledge he holds.

[sproutster]

70. Kennedy Up

REading Alito's view. Talking about signing statements - since the prez approv. just as important as house and senate - should be as important as congress.

from the respect of exec - increase pwr of exec to shape law, and force rethinking of court re: legaslative making of law.

Attempt to change balance and tip to exec.

-- statements by alito, while he understands after morrisy - and decision rejecting atk on congress role - when alito made statement - he was not working for government - statement while on court of appeals - after election - after bush declared victory before votes over. - discussion on supreme court appointment - alito "I still believe that gospel"

Kennedy interrupts - time

It would make much harder for congress to interfere. Shakey ground, in theory could take over conduct of all.

[sasha031]

72. Altio will give complete executive power to the emperor

[Sydnie]

76. They should have asked if they would have given the same

"executive powers" to Saddam? Bring it to the reality of, what we have is bad and it could get worse if you continue down this path.

[Viva_La_Revolution]

73. will be breaking for Rosenbaum's memorial service...

RIP

[Viva_La_Revolution]

74. Sessions now

missed the question

[sasha031]

75. sessions forgot his sheet

[DemonFighterLives]

78. Sessions had to point out that Demlitenor(so)

Was a dem and member of ACLU. She is more of a replitenor- rubber stamp for Alito.

[WahooJunkie]

77. Anyone know

what is on the schedule after witnesses?

[sproutster]

79. Sessions

Troubled by statement to aclu lady -

In fall ... blah blah...

Rep prisons, and clerking for former pros.

He wanted to hear all kinds of arguments. One case bribery - read record, some reason for reverse. Other judges - "i don't see it" he took record home , lots of time with it, explained why she was wrong (he was right).. He did this with every single case. Yawn... Love in the afternoon. He will be open minded, he will listen (even tho she just said he showed her wrong on every single case - haha)

Ooh he threw out a conviction for the little guy (aka - citizen of USA)

blah blah love fest. exec will defend exec power.

Nolan -
Def tension. unitary exec - genisis - abc entities - part of exec, somehow contrary to other branches.

Time? .. First Morrison Ind council case - crusial unitary exec - bitter exp. Lost 7-1 If that had come up later - if it came up later clinton vs. starr - showed what an abomination it was and how it was missused. What said about unitary missleading - says nothing about whether prez should obey law, subject is exec should lead exec branch. propounded - fdr objected to powers of control general who tried to fire someone, and be manager of exec branch.

[sproutster]

84. Feinstine -

panel what will he be like:
1. reading ideologically scalia.
2. john harlen - alito's four hero's
3. scalita - he is more agressive exec power
4. not scalita - has not same - robert jackson
5. wish jac or harlan - somewhere between scalia and thomas

justice roberts with interest

Same prediction about alito? Fried - I would (prediction of roberts not overturning rvw because of roots of case law

leg intent - based on those who formulate - does signing statement shape the law?

missunderstood - staff often with assistants with lobbyist help plant stinkbombs in legistlation - point of statements to stop stinkbombs.

power to inject poison pill. whatever was orig intent - what's happened is totally diff. 100 examples for unitary exec. Used for control all the way back to washington - I am president, this is my contry - nothing to do with congress. To limit pwr of president and limbs and trees.

[sasha031]

80. has anyone ever seen Mike Moore's "The Awful Truth"

He had civil war soldiers dressed in uniform and with his flamboyant personality he said " congratulations after all this time you have finally won the civil war, you have managed to export your values throughout the country. this was made in the 90's. Satire is a good deal of the time very prolific.

[Viva_La_Revolution]

81. Feinstein - which past or present justice is Alito most like...

Scalia
John Harlen
Scalia
robert Jackson
between Scalia and Thomas

[sasha031]

83. she doesn't think a filibuster is necessary

[Roland99]

107. WTF was her "reasoning"?

[sasha031]

109. her husban got a huge contract in Iraq

[Roland99]

112. Seems I remember something about that. Stick a fork in her...

she's done sold out.

[Sydnie]

88. I might be spliting hairs but she asked which one he WILL be most

like, not which one he MIGHT be most like. She is NOT going to vote against him. As colbert would say ... she is dead to me if she does that.

[DemonFighterLives]

82. Chdmerinsky and Nolan

pick Scalia as most likely clone of Alito.
Feinstein question - who would Scalito be more like.
Some of the others picked Harland==

[Viva_La_Revolution]

85. Recess now

[DemonFighterLives]

86. Brief Recess for Rosenbaum Memorial

Specter didn't say how long did he?
What was Rosenbaum digging into again?

[sproutster]

87. I find it flipping AMAZING...

They see guy at store paying with credit card - and then he turns himself in.

Hmmm... I don't believe it.

La di da... murder ... spend ... oh I'm on tv! better see what that's all about ... "scuse me, mr. officer... oh that... all me.

[sasha031]

92. that dark hall of Washington

[sasha031]

89. this might help

DOMESTIC SURVEILLANCE: THE NOMINATION; Alito Memo in '84 Favored Immunity for Top Officials

http://select.nytimes.com/gst/abstract.html?res=F30C12F...


http://www.newkerala.com/news.php?action=fullnews&id=81 ...

CIA Director Goss targeting leaks


discussion on DU here


http://www.democraticunderground.com/discuss/duboard.ph...

[DemonFighterLives]

94. Thank you! NT

[OmmmSweetOmmm]

90. Here you go............. eom

http://www.democraticunderground.com/discuss/duboard.ph...

[DemonFighterLives]

95. Thanks! nt

[Viva_La_Revolution]

91. final panel will be

Former Alito Clerks and US Representatives

[Viva_La_Revolution]

93. Back in Session

[Viva_La_Revolution]

96. Fred Gray - Extremely troubled by Alito's comments

[Viva_La_Revolution]

97. Respectfully requests that the committee

look at his civil rights record very carefully.

"a justice with these opinions would severely curtail civil rights"

[selmo7]

100. on voting rights

he would "turn the clock back."

and should be carefully scrutinized.

[CottonBear]

103. Kate Michelman of NARAL up now for 10 minutes. n/t

[sproutster]

98. Interesting panel

1. extra time afforded to MLK (council? - sorry didn't hear)
Attorney Fred Grey.

50 yrs - found every type of civil case - many go to supreme court, many precident
including registration and reapproachment(?) still in trenches.

stress importance of those cases - one of which he fought and was his brain child

I am still troubled by alito's comments in application not withstanding what he said.

Made certain fed courts had power to ensure voting rights meaningfully protecting, violated by many

case illuminates deprive african americans vote.

A.A in alabama for years even before brown. actively working to obtain right to vote. his hometown in alabama. George washington carver, home of airmen. filed lawsuits as far back as 1945 for right to vote. finally got 400 to vote, alabama leg, changed city limits, from square to leaving all the whites in the city - not denying right to vote - just changing election. I thought that was wrong - and so did supreme court.

First signifigant case decided by court. limits was a violation of 14th amendment. violation 15th amendment. No question - it gave rise to other subsequent cases - baker, grey, reynolds.

I cannot overstate to committee the importance of these cases to democracy.

state leg could not dilute racial minorities.

When I filed, we had few voters - now there are 9000 appointed and elected officials and they are there because of these cases.

Still need strong supreme court. I have seen in home court, soon as law stricken, another takes it's place. We want to make sure we have strong SC so these laws stay in place.

Alito will turn clock back. If this turns, not only AA lose, but americans would lose what we are currently enjoying. Next appointee to this court - should want stong voting rights.

[Viva_La_Revolution]

101. he was council for Rosa Parks

when he was very young, 24 yrs old I think

on edit: excellent notes! Thanks!

[txindy]

102. An excellent summary of Gray's remarks

[DemonFighterLives]

99. This Nominee will impede the voting rights

The next appointee should support voting rights.

[CottonBear]

105. He was the first minority to speak pro or con.

DiFi was the only woman Senator and the panels have almost all white men.

[Viva_La_Revolution]

104. Thread 2 is up

http://www.democraticunderground.com/discuss/duboard.ph...

[in_cog_ni_to]

106. MICHELMAN former NARAL ex-president.

Her story is so damn sad.

[sproutster]

108. pro - choice and planned parenthood (don't have her name yet)

10 min: Kate Michelman NARAL

Voices of real people who's lives affected absent.

1969 - stay at home mother - practicing catholic. Idea of abortion never occured until husband abandoned. forced into welfare - discovered pregnent - thinking, decided abortion. might add - Not one woman had abortion without thinking gravity of choice. prior to Rowe - two interrogation of entire male - had to talk about sex life and how dress children. Waiting, but state law now needed husbands consent. humiliating - tell story, because this nomination real threat - of review board and back alley. This is not hype, this is reality.

Distracts central issue, will any longer recognize goverment in private lives. Nothing he respects those particularly for women - NOTHING shows he respects privacy. Should concern all of us. Nothing that privacy is constitution al rights. Simply absent all together - what not written, more disturbing then what is written. Husband consent, birth control, no indication of women effected by his decisions. Involved in many SC noms. None as disturbing as Alito. O'conner distinctive voice - balance will now tip other way.

Most disturbing is not what reached but how - O'conner how law meets person, alito, neither justice or ... fast sorry.

Have to conclude NO.

[WinkyDink]

110. 10 minutes. TEN lousy minutes per witness.

To affect American culture and lives for generations.
10 lousy minutes.

[bigtree]

111. the sweet sound of truth

[pinto]

113. Thread 2 is up here:

http://www.democraticunderground.com/discuss/duboard.ph...