>> Sandra: SOMBER DAY THIS
MONDAY MORNING AS WE MOURN THE
PASSING OF RUTH BADER GINSBURG.
KEN STARR WORKED WITH HER AND
WROTE AN ARTICLE.
KEN STARR JOINS US NOW.
FORMER INDEPENDENT COUNSEL AND
FOX NEWS CONTRIBUTOR.
KEN, GREAT TO HAVE YOU HERE
THIS MORNING.
YOUR REFLECTION.
>> MY PRINCIPAL REFLECTION WHAT
A GREAT HUMAN BEING.
HER THEME THAT ANIMATED HER
PROFESSIONAL LIFE AS A JUDGE
AND LAWYER WAS EQUALITY AND
HUMAN DIGNITY.
ALL PERSONS SHOULD HAVE THE
OPPORTUNITY TO TRY TO ACHIEVE
THEIR DREAMS AND THERE SHOULD
NOT BE IMPEDIMENTS AND BARRIERS
IN THE LAW TO STOPPING THAT,
INCLUDING GOING TO AN ALL-MALE
MILITARY INSTITUTION FOR HIGHER
EDUCATION.
BUT ON A DEEPLY PERSONAL LEVEL
SHE WAS A TRULY GREAT HUMAN
BEING, LOVING AND CARING, KIND
AND COMPASSIONATE.
THOSE ARE EASY THINGS TO SAY
BUT HAPPEN TO BE TRUE.
WE HAVE SUCH A GREAT CULTURE SO
TO SPEAK WITHIN THE COURT OF
APPEALS WHERE WE COULD DISAGREE
WITH ONE ANOTHER.
IT’S ONE OF THE LESSONS FOR THE
NATION.
SHE WAS NEVER DISAGREEABLE.
SHE ALWAYS RESPECTED THE
VIEWPOINTS OF THOSE WITH WHOM
SHE DISAGREED.
SHE LAMENTED THE WAY THAT
JUSTICE KAVANAUGH WAS TREATED.
IT WAS A TERRIBLE THING.
SHE KNEW THAT IT’S NOT ALWAYS
THAT WAY.
IT WASN’T THAT WAY WHEN SHE WAS
NOMINATED.
MAY WE RESTORE THAT AND RETURN
TO THAT BEAUTIFUL ATTITUDE AND
CULTURE OF CIVILITY AND
KINDNESS WHICH SHE REALLY
EMBODIED.
>> Sandra: SO IMPORTANT THE
HEAR THAT.
I HAD AN OPPORTUNITY TO SIT
DOWN INSIDE THE SUPREME COURT
AND INTERVIEW JUSTICE NEIL
GORSUCH AND HE TALKED A LOT
ABOUT THAT, ABOUT THE
CAMARADERIE INSIDE THE COURT.
LISTEN.
>> THIS IS A VERY SMALL
INSTITUTION.
THERE ARE NINE OF US.
YOU ARE ASKING ABOUT OUR
COLLEGIATELY OF THE COURT.
LIKE EVERY COURT I’VE BEEN
ASSOCIATED WITH, IT IS A
WONDERFUL PLACE TO WORK.
I HAVE WONDERFUL -- WE EAT
LUNCH TOGETHER, WE GO TO DINNER
AT ONE ANOTHER’S HOMES, WE HAVE
FUN TOGETHER.
WE PLAY PRACTICAL JOKES ON ONE
ANOTHER ONCE IN A WHILE, WE
SHAKE HANDS EVERY TIME WE
GATHER.
THAT’S A TRADITION THAT HAS
GONE ON FOR 150 YEARS.
>> Sandra: IT IS SO IMPORTANT.
WE DON’T OFTEN SEE THAT SIDE OF THE JUSTICES OR INSIDE THE
THE JUSTICES OR INSIDE THE
COURT OR THEIR CAMARADERIE AND
THE FRIENDSHIP THAT EXISTS.
THE PRESIDENT SAID THIS MORNING
HE WILL LIKELY BE ANNOUNCING
HIS PICK FOR THE VACANCY EITHER
FRIDAY OR SATURDAY. IT’S THE WAY IT HAS TO BE.
IT’S THE WAY IT HAS TO BE.
>> Sandra:
--
>> PRESIDENTIAL DUTY OF THE
HIGHEST ORDER.
THE NUMBERS TELL THE STORY.
HISTORY IS A GREAT GUIDE.
29 TIMES WE’VE HAD A VACANCY
DURING AN ELECTION YEAR AND 29
TIMES THE PRESIDENT OF THE
UNITED STATES HAS MADE A
NOMINATION.
MANY TIMES THOSE NOMINATIONS
HAVE, IN FACT, BEEN CONFIRMED
EVEN AFTER THE ELECTION.
SO I THINK THE CALLS TO OH,
DON’T DO THIS AND THE HEAVENS
WILL FALL AND ALL THESE
TERRIBLE POLITICAL CONSEQUENCES
WILL OCCUR AND SO ON IS REALLY
TURNING A BLIND EYE TO HISTORY.
AND SO THE PRESIDENT IS
MARCHING FORWARD TO DO HIS
CONSTITUTIONAL DUTY UNDER
ARTICLE II OF THE CONSTITUTION.
>> Sandra: TALK ABOUT POLITICAL
CONSEQUENCES BEING DISCUSSED
AND ALSO THREATS THAT WE HAVE
HEARD.
MANY ARE LOOKING TO THIS NEW
INTERVIEW WITH NANCY PELOSI
WHERE SHE WAS ASKED ABOUT
POSSIBLE IMPEACHMENT TO DELAY
THE SUPREME COURT JUSTICE PICK
AND SHE DIDN’T BRUSH IT OFF,
KEN, LISTEN.
>> WE HAVE A RESPONSIBILITY, WE
TAKE AN OATH TO PROTECT AND
DEFEND THE CONSTITUTION OF THE
UNITED STATES.
WE HAVE A RESPONSIBILITY TO
MEET THE NEEDS OF THE AMERICAN
PEOPLE.
THAT IS -- WHEN WE WAY THE
EQUITIES OF PROTECTING OUR
DEMOCRACY REQUIRES US TO USE
EVERY ARROW IN OUR QUIVER.
>> Sandra: WHAT DID YOU THINK
WHEN YOU HEARD THAT?
>> WELL, I THOUGHT THAT ONCE
AGAIN IMPEACHMENT HAS BECOME
ENTIRELY A POLITICAL WEAPON.
THE FOUNDING FATHERS DID NOT
INTEND FOR THAT.
IMPEACHMENT WAS TO BE AN
INSTRUMENT OF LAST RESORT AND
HAD ONLY BEEN USED TWICE,
ANDREW JOHNSON AND RICHARD
NIXON IN OUR HISTORY UNTIL THE
AGE OF IMPEACHMENT SET IN.
THIS I THINK IS VERY
UNFORTUNATE FOR THE NATION AND
YET THE SPEAKER SAYS THAT SHE
IS PROTECTING THE CONSTITUTION.
WELL, IT’S JUST THE OPPOSITE.
THE CONSTITUTION IS VERY CLEAR
AS WE JUST SAID.
THIS IS THE PRESIDENT’S
AUTHORITY AND, IN FACT, SOME
COULD SAY MR. PRESIDENT, YOU
HAVE THIS OBLIGATION.
THERE ARE EIGHT MEMBERS OF THE
COURT NOW AND YOU NEED
ESPECIALLY DURING AN ELECTION
YEAR, WE KNOW WHAT HAPPENED IN
2000, YOU DON’T DARE LEAVE A
SEAT VACANT.
AND SITTING JUSTICES, INCLUDING
SOME HAS SAID THE COURT DOESN’T
DO WELL WITH EIGHT JUSTICES.
IT WAS INTENDED TO BE A GOOD
ODD NUMBER.
SO WE NEED THAT NINTH JUSTICE.
>> Sandra: IT’S FASCINATING.
IF I COULD END ON THIS "WALL
STREET JOURNAL" OP-ED, WHILE
THE BIDEN RULE DOESN’T APPLY IN
2020.
A FASCINATING READ.
IF THE VOTERS IN 2016 AND 2018
SHOWED A CLEAR PREFERENCE FOR
TRUMP NOMINEE’S ORIGINAL