WE’RE RIGHT IN THE MIDDLE OF THIS PRESIDENT’S VERY FIRST
TERM.
TERM. >> FOR MORE I’M JOINED BY ROB
REINER ACTOR AND DIRECTOR OFFISH
SHOCK AND WWE," DAL LA
LITHWICKING FROM SLATE AND
SENIOR ADVISER FROM MOVEON.ORG.
ROB, THIS SUPREME COURT WHEN
IT’S FULL UP WITH NINE JUSTICES
WILL DECIDE THE FATE VERY WELL
OF THIS PRESIDENT.
WE’VE GOT A SPECIAL COUNSEL
LOADED FOR BEAR.
ALL KINDS OF ISSUES OBSTRUCTION
OF JUSTICE AND POSSIBLE
COLLUSION WITH THE RUSSIANS AND
HOW -- WHAT MATERIALS AND WHAT
TESTIMONIES HAVE TO BE ACCEPTED,
WHETHER HE HAS TO TESTIFY OR
NOT.
NOT. AND THEY’RE GOING TO LET HIM
PICK ONE OF THE PEOPLE TO DECIDE
HIS OWN FATE.
>> THAT’S THE BIGGEST PROBLEM.
I DON’T THINK WE SHOULD GET HUNG
UP ON THE EGREGIOUS EFFECTS OF
WHAT MITCH McCONNELL DID TO
BARACK OBAMA AND A TIT-FOR-TAT
KIND OF THING.
WE HAVE A PRESIDENT OF THE
UNITED STATES THAT RIGHT NOW IS
UNDER INVESTIGATION FOR POSSIBLY
CONSPIRING WITH A FOREIGN ENEMY
POWER TO DISRUPT OUR DEMOCRACY
AND STEAL AN ELECTION.
I DON’T THINK WE WANT AS
AMERICANS TO ALLOW SOMEBODY WHO
IS POSSIBLY COLLUDING WITH A
FOREIGN ENEMY TO MAKING CHOICES
THAT ARE GOING TO AFFECT OUR
LIVES FOR THE NEXT 30, 40 YEARS.
THAT’S THE ISSUE.
AND MAKE NO MISTAKE ABOUT IT.
WE CANNOT ALLOW THIS.
WE HAVE TO SEE WHAT HAPPENS WITH
THE MUELLER INVESTIGATION,
WHETHER OR NOT DONALD TRUMP IS
GUILTY OR NOT GUILTY OF MAJOR
MAJOR CRIMES.
MAJOR CRIMES. AND IF HE IS, HE SHOULD NOT BE
ALLOWED TO PICK THE NEXT SUPREME
COURT JUSTICE.
COURT JUSTICE. >> THE QUESTION SEEMS TO BE A
MATTER OF TIMING.
DO THEY HAVE THE VOTE AFTER THE
ELECTION OR AFTER MUELLER MADE
HIS CALL AND THE COURT DECISIONS
HAVE BEEN MADE.
IT SEEMS YOU COULD ALSO THINK
ABOUT GETTING KENNEDY TO STICK
AROUND FOR A WHILE AND BE A FEW
MORE MONTHS.
MORE MONTHS. IT WOULDN’T KILL HIM.
SERVE A FEW MORE MONTHS WHILE WE
DO HAVE A FULL-COURT WITHOUT
HAVING TO PUT TRUMP’S PICK IN
BEING THERE TO DECIDE TRUMP’S
FUTURE.
FUTURE. >> I DON’T THINK THERE’S ANY
CHANCE OF KENNEDY STICKING
AROUND.
AROUND. HE QUITE DELIBERATELY CHOSE THAT
JULY DATE WHEN HE’S OUT.
I DO THINK IT LEAVES THE REST OF
US CONFOUNDED BY THIS PROBLEM OF
ARE WE GOING TO REALLY LET
DONALD TRUMP VET SOMEBODY
CROSS-EXAMINE SOMEBODY, SET OUT
LITMUS TESTS.
LITMUS TESTS. HE’S ALREADY TOLD US HE HAS A
LITMUS TEST AROUND ROWE AND DO
THE KIND OF THING WE KNOW HE’S
DONE TOP JEFF SESSIONS AND JIM
COMEY AND ASK FOR PLEDGES FROM
LOYALTY.
LOYALTY. WHILE I’D LIKE TO BELIEVE NO
NOMINEE IS GOING TO PLEDGE THAT
LOYALTY, IT SEEMS TO ME
UNBELIEVABLY PROBLEMATIC THAT
THE PRESIDENT IS GOING TO PICK A
JUDGE WHO WILL, AS YOU JUST
HEARD VERY LIKELY SIT IN
JUDGMENT OVER SOME PIECE OF WHAT
MUELLER PRODUCES WHETHER IT’S
CAN A PRESIDENT PARDON HIMSELF,
CAN A PRESIDENT, CAN A SITTING
PRESIDENT BE INDICTED.
ALL OF THAT COULD LIKELY COME
BEFORE THE COURT.
IT’S A VERY ODD THING THAT TRUMP
IS IN THE BUSINESS OF VETTING
THAT PERSON RIGHT NOW.
>> KARINE, THE PEOPLE HAVE TO
FIGHT THIS NOMINATION.
THEY’VE GOT TO MAKE THIS CASE.
THEY DON’T HAVE PARLIAMENTARY
TRICKS OR WHATEVER.
THEY’VE GOT TO SLOW THIS THING
DOWN SO THE VOTERS GET TO TALK
FIRST.
FIRST. >> THAT’S EXACTLY RIGHT.
THEY CAN’T PLAY NICE.
THERE IS NO PLAYING NICE HERE.
EVERYTHING IS AT STAKE.
OUR FUNDAMENTAL RIGHTS ARE AT
STAKE HERE WHEN YOU TALK ABOUT
AFFIRMATIVE ACTION, ABORTION,
ENVIRONMENTAL ISSUES, LGBTQ
ISSUES, EVERYTHING IS AT STAKE.
IT’S THE ONE THING THAT IS VERY
SCARY, THIS IS LIKE THE WORST
CASE SCENARIO BECAUSE THE OTHER
THING IS WITH RUSSIA, WITH THE
RUSSIA INVESTIGATION, HE COULD
BE BUYING HIMSELF A GET OUT OF
JAIL FREE CARD WITH THIS PICK.
THIS IS SOMEONE WHO DOESN’T
BELIEVE IN THE RULE OF LAW, HE
THINKS HE’S ABOVE THE LAW.
EVEN DURING THE NIXON TIMES, THE
SUPREME COURT HAD TO JUMP IN IN
WATERGATE.
WATERGATE. THERE’S A LOT HERE AT RISK AND
WE HAVE TO MAKE SURE THAT THE
SENATORS, DEMOCRATIC SENATORS ON
THE INSIDE MATCH THE INTENSITY
ON THE OUTSIDE THAT THEY’RE
GOING TO SEE FROM ACTIVISTS FROM
VOTERS FROM AMERICANS.
>> ROB, I KNOW YOU CARE ABOUT
THESE SOCIAL ISSUES AND
INDIVIDUAL RIGHTS ISSUES LIKE
CHOICE.
CHOICE. THIS SUPREME COURT BY 5-4 HAS
SHOWN ITS BRAZENNESS.
IT PICKED A PRESIDENT, W TOOK US
TO WAR YOUR MOVIE SHOCK AND AWE
TOOK US TO WAR WITH A PRESIDENT
WHO IS THE ONLY PRESIDENT WHO
WOULD HAVE TAKEN INTO THAT WAR.
THEN THEY DECIDED THEY’RE GOING
TO LET UNLIMITED MONEY PLAY A
ROLE IN THE POLITICAL ELECTIONS
WITH THE CITIZENS UNITED AND NO
CHECK ON THE PEOPLE TO BUY GUNS.
IT USED TO DO WITH DPOUNDING A
MILITIA.
MILITIA. THIS COURT IS UNBOUNDED IN ITS
POWER.
POWER. AND IT’S NOT JUST THE SOCIALIST
ISSUES.
ISSUES. IT’S EVERYTHING.
IT’S EVERYTHING. IT’S ALL POLITICAL.
>> WHEREVER YOU COME DOWN ON ANY
OF THESE ISSUES, ID HOPE AS AN
AMERICAN YOU DON’T WANT A
POTENTIAL CRIMINAL CHOOSING ONE
OF OUR SUPREME COURT JUSTICES.
THAT’S WHAT IT COMES DOWN TO.
I MEAN, I DON’T CARE WHETHER
YOU’RE PRO-LIFE OR PRO-CHOICE, I
HAPPEN TO BE PRO-CHOICE.
AND I HAPPEN TO BE IN FAVOR OF
GAY RIGHTS AND CIVIL RIGHTS AND
WORKERS RIGHTS AND ALL THOSE
THINGS.
THINGS. THOSE THINGS ARE IN JEOPARDY.
BUT WHEREVER YOU COME DOWN
IDEOLOGICALLY, WE CAN ALL AGREE
WE SHOULDN’T HAVE A POTENTIAL
CRIMINAL CHOOSING OUR NEXT
SUPREME COURT JUSTICE.
>> SO LET’S TALK NUMBERS.
WE OFTEN DO IT AT ELECTION TIME.
NOW WE HAVE TO LOOK AT IT AGAIN.
THERE’S 50 REPUBLICANS IN THE
SENATE, 51 IF JOHN McCAIN COULD
GET BACK AND VOTE.
HIS VOTE WOULD BE UP IN THE AIR
EVEN ON THIS ONE.
AND 49 DEMOCRATS.
DEMOCRATS ARE ALSO LOOKING TO
TRY TO GET TWO MODERATE
REPUBLICAN SENATORS COLLINS OF
MAINE AND MURKOWSKI, OF ALASKA
AS ALLIES IN STOPPING A TRUMP
SUPREME COURT PICK.
TODAY SENATOR COLLINS WAS ASKED
WHAT SHE WOULD EXPECT FROM ANY
POSSIBLE NOMINEE.
POSSIBLE NOMINEE. >> DOES THE NOMINEE HAVE TO
COMMIT TO YOU HE OR SHE WOULD
UPHOLD THE PRECEDENT OF ROE
VERSUS WADE IN ORDER TO GET YOUR
SUPPORT?
SUPPORT? >> I ALWAYS HAVE A THOR ROLLS
INTERVIEW WITH JUDICIAL NOMINEES
FOR THE SUPREME COURT, FOR
CIRCUIT COURTS AND ONE OF THE
QUESTIONS THAT I ALWAYS ASK IS
DO THEY RESPECT PRECEDENT.
FROM MY PERSPECTIVE, ROE V. WADE
IS AN IMPORTANT PRECEDENT AND IT
IS SETTLED LAW.
>> SENATOR MURKOWSKI OF ALASKA
DIDN’T ADDRESS THE ISSUE BUT
SAID IN A STATEMENT MY STANDARDS
FOR SUPREME COURT NOMINEES ARE
EXTREMELY HIGH.
EXTREMELY HIGH. IT IS MY LANG STANDING PRACTICE
TO SCRUTINIZE THE QUALIFICATIONS
CAN OF NOOM NOMINEES AND TO CAST
AN INDEPENDENT VOTE.
DAHLIA AND BACK TO EVERYBODY
ELSE.
ELSE. I’VE HAD EXPERIENCE WITH TRUMP
ON THIS.
ON THIS. I ASKED HIM WHETHER A WOMAN
SHOULD BE PUNISHED.
HE SAID THERE NEEDS TO BE SOME
FORM OF PUNISHMENT.
THAT’S A WEIRD ANSWER.
WHAT HE WAS HE TALKING ABOUT
PRISON?
PRISON? I DON’T KNOW WHAT HE’S TALKING
ABOUT.
ABOUT. THAT’S WHAT HE TALKS LIKE.
HE ALSO TALKED IN THE WILDING
INCIDENT WHERE THOSE KIDS WERE
ACCUSED OF MURDER IN CENTRAL
PARK AND SAID WE’VE GOT EXECUTE
KIDS IN THEIR SUB TEENS
BASICALLY.
BASICALLY. SO WE KNOW HIS VIEWS ARE HARSH.
AND THEY’RE NOT ABOUT INDIVIDUAL
RIGHTS OR THE RIGHTS OF
DEFENDANTS OR YOUNG PEOPLE.
SO IF HE PICKS SOMEBODY LIKE
HIMSELF, MAN OR WOMAN, IT’S
PRETTY SCARY.
PRETTY SCARY. SUPPOSE HE PICKS A TRUMP.
IN THAT PERSON’S THINKING.
HOW CAN YOU COUNT ON HIM PICKING
A JUSTICE KENNEDY IN A MILLION
YEARS?
YEARS? JUST A THOUGHT.
>> I THINK, CHRIS, ON THE ISSUE
OF ROE V. WADE HE’S PROMISED US,
HE RAN ON THE OVERT PROMISE FOR
THE FIRST TIME IN HISTORY, I
WILL HAVE A LITMUS TEST.
HERE ARE 25 PEOPLE.
EACH OF THEM WILL PLEDGE TO
OVERTURN ROWE.
OVERTURN ROWE. THIS IS NOT IN DISPUTE.
HE PLEDGED IT.
I WOULD SAY BE REALLY CAREFUL
ABOUT FETISHIZING THE LANGUAGE
OF WHAT YOU HEARD SUSAN COLLINS
SAY WAS AS LONG AS IT’S GOOD
PRECEDENT AND THAT PERSON PROPS
IT’S GOOD PRECEDENT, I’M GOING
TO BE OKAY.
YOU CAN DO AWAY WITH ROE V. WADE
AND HOLLOW IT OUT FROM THE
CENTER, IT’S BEEN HAPPENING IN
THE STATES FOR YEARS NOW WITHOUT
EXPLICITLY OVERTURNING IT TO.
TO FETISHIZE WHETHER THIS PERSON
WILL OVERTURN ROWE IS TO MISS
THE BIG GAME.
ARE THEY GOING TO HOLLOW OUT
WILL THE CORE OF ROE?
>> ARE THEY GOING TO SAY YOU
HAVE TO GO TO A HOSPITAL, ALL
THESE THINGS TO MAKE IT
DIFFICULT FOR A PERSON LIVING IN
A RURAL SETTING TO HAVE THAT
CHOICE.
CHOICE. >> THE 259 LIST THAT’S THE
FEDERALIST LIST OF OUTSIDE
CONSERVATIVE GROUP, EVERYBODY ON
THAT LIST IS TO THE FAR RIGHT OF
KENNEDY.
KENNEDY. HE’S NOT GOING TO REPLACE
KENNEDY.
KENNEDY. SO WE HAVE TO UNDERSTAND, WE
CAN’T BE FOOLED HERE, WHOEVER HE
PICKS IS GOING TO TRY AND GET
RID OF ROE VERSUS WADE.
>> SAYS THAT.
>> THAT’S HO WANTS.
SO THAT’S WHAT’S GOING TO
HAPPEN.
HAPPEN. THE PERSON THAT GETS PICKED WILL
CEMENT ALL OF DONALD TRUMP’S
HORRIBLE POLICIES.
HORRIBLE POLICIES. >> I WANT TO GO BACK TO ROB ON
THAT.
THAT. I DON’T KNOW IF I TALKED TO YOU
ABOUT THIS.
ABOUT THIS. WERE YOU TAKEN WITH THE FACT HE
SAID TO ME IT’S INTERESTING
LANGUAGE, CREEPY LANGUAGE, THERE
NEEDS TO BE SOME FORM OF
PUNISHMENT FOR THE WOMAN.
I ASKED ABOUT IT, FOR WOMAN.
HE SAID YES, THE WOMAN.
HE THOUGHT ABOUT IT.
SOME FORM OF PUNISHMENT.
THAT’S BIBLICAL ANSWER.
>> AND YOU WERE THE ONLY ONE TO
BE ABLE TO NAIL HIM DOWN ON THAT
AND GET HIS TRUE ANSWER TO THAT.
AND I PUT IT TO PEOPLE.
THE PRO-LIFE PEOPLE THINK OF
ABORTION AS MURDER.
THEY SAY IT, THEY’VE SAID IT
OVER AND OVER.
WELL, WHAT IS THE PUNISHMENT FOR
MURDER?
MURDER? IT’S EITHER LIFE IN PRISONMENT
OR THE DEATH PENALTY.
SO WHAT ARE WE TALKING ABOUT
HERE?
HERE? ARE WE SAYING THAT THE WOMAN AND
THE DOCTOR BOTH HAVE TO BE PUT
IN JAIL FOR THE REST OF THEIR
LIVES OR EXECUTED?
I MEAN, WHAT ARE WE TALKING
ABOUT?
ABOUT? THIS IS CRAZY.
THIS IS ABSOLUTELY CRAZY AND
THERE’S SO MUCH MORE GOING TO BE
AT STAKE THAN JUST THE ABORTION
RIGHTS.
RIGHTS. THAT’S GOING TO BE FRONT AND
CENTER.
CENTER. BUT HOW DO YOU OOH ADJUDICATE