THE SENTENCE. NICE TO HAVE YOU BACK.
BYE-BYE.
BYE-BYE. >>> WE HAVE NEWS THAT MIGHT NOT
BE AS JOYOUS FOR MANY PEOPLE
AROUND THE COUNTRY, OUR TOP
STORY TONIGHT IS A BIG ONE,
BECAUSE DONALD TRUMP IS
OFFICIALLY NOW, AS YOU KNOW,
THREE HOURS AWAY FROM MAKING A
DECISION THAT COULD OUTLAST HIS
PRESIDENCY AND REWRITE CIVIL
RIGHTS PROTECTION AND ABORTION
LAWS FOR A GENERATION.
WE WILL SHOW YOU A LIVE VIEW
RIGHT OUTSIDE THE SUPREME COURT.
WE’RE TOLD PROTESTERS PLANNING A
MASSIVE DEMONSTRATION AS A
COUNTER-MEASURE TO THIS MUCH
ANTICIPATED 9:00 P.M. EASTERN
EASTERN TIME FOR DONALD TRUMP’S
PICK.
PICK. AND ALREADY VOWING TO BLOCK ANY
NOMINEE HE MAY PICK THAT WOULD
OVERTURN ROE V. WADE.
THERE ARE SOURCES CLOSE TO THE
WHITE HOUSE SAYING TRUMP HAS
ALREADY MADE THIS DECISION.
NO CLEAR LEAKS WHO IT WOULD BE
BUT RUMORS ABOUT FOUR FINALISTS
AND TWO FRONT RUNNERS.
JUDGES KAVANAUGH.
JUDGES KAVANAUGH. HE HAS WORKED FOR THE SUPREME
COURT AS A CLERK AND KEN STARR
AND ALSO WROTE A CONTROVERSIAL
DECISION AGAINST AN IMMIGRANT’S
RIGHT TO SEEK AN ABORTION IN THE
UNITED STATES.
UNITED STATES. THIS IS BRAND NEW, YOU CAN SEE A
"NEW YORK TIMES" REPORTER
POSTING ON TWITTER KAVANAUGH WAS
SEEN LEAVING WASHINGTON IN A
BLACK SEDAN, ACCOMPANIED WITH
FOUR SUVs, SECURITY AGENTS, A
BIG CLUE THAT IS A FORMAL
SECURITY.
SECURITY. THE OTHER FRONT-RUNNER, HARDIMAN
SERVES ON THE SAME APPELLATE
COURT AS TRUMP’S SISTER.
HIS BACKGROUND IS APPEALING TO
DONALD TRUMP.
DONALD TRUMP. HE OVERTURNED THE CONVICTION OF
ANTI-ABORTION PROTESTER AND SEEN
AS A VERY RELIABLE SUPPORTER OF
INDIVIDUAL GUN RIGHTS.
MEANWHILE, THE PRESIDENT HAS
BEEN HYPING THE RUN-UP TO
TONIGHT’S EVENT.
TONIGHT’S EVENT. >> I BELIEVE THIS PERSON WILL DO
A GREAT JOB.
I’M VERY CLOSE TO MAKING A
DECISION.
DECISION. I HAVE NOT MADE IT OFFICIAL YET
OBVIOUSLY, NOT MADE IT FINAL.
WE ARE VERY CLOSE TO MAKING A
DECISION.
DECISION. >> THERE ARE REPORTS DONALD
TRUMP IS ALSO CONCERNED ABOUT
THE FIGHT THAT COULD OCCUR IN
THIS NARROWLY DIVIDED SENATE.
AS YOU KNOW, A SINGLE REPUBLICAN
DEFECTION COULD TIP THE COURT
AND ALLOW DEMOCRATS TO BLOCK THE
PICK ASSUMING DEMOCRATS ARE
UNITED.
UNITED. GET THIS, THE LAST TIME THERE
WAS A SITUATION IN THE TRUMP
ERA, THREE DEMOCRATIC SENATORS
BACKED DONALD TRUMP.
TONIGHT, THOSE THREE YOU SEE ON
THE SCREEN ARE DECLINING
INVITATIONS TO TRUMP’S
ANNOUNCEMENT.
ANNOUNCEMENT. THEY WILL DO EVERYTHING IN THEIR
POWER TO STOP A BAD PICK.
>> IF THEY VOTE FOR SOMEBODY WHO
WILL CHANGE PRECEDENT, IT COULD
BE A CAREER ENDING MOVE.
>> THE PRESIDENT’S OUTSOURCED
HIS DECISION TO THE FEDERALIST
SOCIETY AND HERITAGE FOUNDATION.
I’VE NEVER SEEN A PRESIDENT OF
THE UNITED STATES MAKE HIMSELF A
PUPPET.
PUPPET. >> IF YOU DON’T LIKE THE WAYS
THIS NEW JUSTICE WILL IMPACT
EVERYTHING, SPEAK UP, GET ACTIVE
AND VOTE.
AND VOTE. >> MONKEY UP THE WORKS.
DEMOCRATS NEED TO BE A LITTLE
MORE AGGRESSIVE HERE.
THIS IS A MOBILIZING MOMENT.
>> THERE IS A STRATEGY QUESTION
SOME DEMOCRATS BANKING WHAT
COULD BE THEIR BEST HOPE TO WIN
THIS FIGHT, TRYING TO GET
MODERATE DEMES TO HOLD THE LINE
AND GET AT LEAST ONE MODERATE
REPUBLICAN TO JOIN THEM IN
BLOCKING ANY PICK DONALD TRUMP
MAKES TONIGHT.
MAKES TONIGHT. I’M JOINED BY SOMEONE WHO WORKED
FOR HILLARY CLINTON’S
PRESIDENTIAL CAMPAIGN AND ERIC
HOLDER.
HOLDER. AND DEMAND JUSTICE, A GROUP
SPENDING $5 MILLION AGAINST
TRUMP’S PICK.
TRUMP’S PICK. AND HE SPENT 13 HOURS TRYING TO
BLOCK A LAW KENNEDY ULTIMATELY
STRUCK DOWN.
STRUCK DOWN. AND RUSS FEINGOLD KNOWS A LOT
ABOUT THESE FACTS AS WELL AS THE
MONEY THAT CAN AFFECT THEM AND
KRISTEN CLARK, EXECUTIVE FOR THE
LAWYERS COMMITTEE UNDER CIVIL
LAW.
LAW. DEALER’S CHOICE, I COULD START
ANYWHERE WITH THE EXPERTISE.
SENATOR, I START WITH YOU.
WHAT ARE THE STAKES TONIGHT?
>> THEY COULDN’T BE HIGHER.
I THINK IT’S CLEAR --
>> MY APOLOGY, SENATOR FEINGOLD
FIRST, THEN SENATOR DAVIS.
>> HELLO, SENATOR DAVIS.
>> THE STAKES COULDN’T POSSIBLY
BE HIGHER.
BE HIGHER. WHAT WE HAVE HERE IS THE UNITED
STATES SUPREME COURT IS REALLY
CHANGING ITS CHARACTER.
FIRST OF ALL, IT WAS STOLEN.
THIS WHOLE SEAT WAS STOLEN, THE
SCALIA SEAT.
SCALIA SEAT. AFTER THAT, YOU HAVE A PRESIDENT
WHO WASN’T EVEN ELECTED BY THE
MAJORITY OF THE AMERICANS BEING
ABLE TO PICK THAT REPLACEMENT
INSTEAD OF BARACK OBAMA.
NOW, YOU HAVE THE PRESIDENT
PICKING MORE PEOPLE WHEN HE’S
UNDER INVESTIGATION FOR PROBABLY
LEGAL ACTIVITY BEFORE AND AFTER
HE BECAME PRESIDENT.
WHAT WE REALLY HAVE IS THE
UNITED STATES SUPREME COURT IS
BECOMING A KANGAROO COURT.
THE DEFINITION OF A KANGAROO
COURT IS A COURT WHERE THE
OUTCOME IS PREDETERMINED.
>> SENATOR DAVIS, AS WE LOOK AT
THE SUPREME COURT WHERE MANY
ACTIVISTS ARE GATHERING TONIGHT,
I WANT TO PLAY FOR YOU THE
PERSON WHO HAS BECOME THE SHADOW
PRESIDENT IN THE TRUMP ERA WHEN
IT COMES TO THESE APPOINTMENTS.
NOT A HOUSEHOLD NAME BUT SO
IMPORTANT, LEONARD LEO, RUNS THE
FEDERALIST SOCIETY.
FEDERALIST SOCIETY. WHAT I’M SAYING MAY SOUND LIKE A
CRITICISM AND MAKE DONALD TRUMP
SOUND LIKE HE’S TAKING A BACK
SEAT BUT HE STRESSED AS FAR BACK
AS THE CAMPAIGN HE WOULDN’T MAKE
THESE DECISIONS.
THESE DECISIONS. LISTEN TO MR. LEO TALKING ABOUT
ROE V. WADE.
>> IS IT FAIR TO SAY ANYONE WHO
MADE IT ON YOUR LIST IS LIKELY
AN OPPONENT OF ROE V. WADE?
>> NO.
>> NO. FIRST OF ALL, NOBODY REALLY
KNOWS.
KNOWS. I THINK IT’S A BIT OF SCARE
TACTIC AND RANK SPECULATION MORE
THAN ANYTHING ELSE.
>> SENATOR DAVIS, IS THAT
CORRECT?
CORRECT? >> I CANNOT IMAGINE FOR A MINUTE
THAT IS CORRECT.
THE FEDERALIST SOCIETY HAS ONE
OF ITS GOALS TO OVERTURN ROE V.
WADE AND I DON’T THINK THEY
WOULD PICK A JUDICIAL NOMINEE IF
THEY WEREN’T FAIRLY CERTAIN THEY
WOULD BE A VOTE TO OVERTURN ROWE
ON THE SUPREME COURT.
>> KRISTEN, YOUR VIEW OF THAT?
>> I THINK THAT’S RIGHT.
ALL OF THE NOMINEES ON PRESIDENT
TRUMP’S SHORT LIST WERE CHERRY
PICKED BY THE FEDERALIST SOCIETY
AND HERITAGE FOUNDATION.
WE KNOW, BECAUSE PRESIDENT TRUMP
HAS MADE CLEAR OVER AND OVER
AGAIN, HIS GOAL IS TO APPOINT
TWO OR THREE JUSTICES TO THIS
COURT WHO WILL OVERTURN ROE
VERSUS WADE.
VERSUS WADE. THERE IS EVERY EXPECTATION THE
PERSON HE IDENTIFIES AS THE
NOMINEE TONIGHT IS SOMEBODY WHO
WILL CARRY OUT HIS AGENDA.
IT IS TIME FOR THE SENATE TO DO
ITS JOB, THIS FIGHT IS NOT OVER,
JUST BEGINNING.
JUST BEGINNING. TIME FOR THE SENATE TO FULLY VET
THE NOMINEE NAMED BY THE
PRESIDENT.
PRESIDENT. WE CAN’T RETURN TO A WORLD IN
WHICH THE REPRODUCTIVE RIGHTS OF
WOMEN IS CAST ASIDE.
>> RUSS FEINGOLD, ON THE LATEST
NEWS AS EVERYONE IS BRACING FOR
WHAT COULD BE THIS GIGANTIC
FIGHT.
FIGHT. THE "NEW YORK TIMES" NOTING
MINUTES AGO THERE IS A BUZZ AT
THE U.S. COURTHOUSE AS BRETT
KAVANAUGH SPOTTED LEAVING IN A
BLACK SEDAN ACCOMPANIED BY
SECURITY AGENTS PRESUMED TO BE
SECRET SERVICE.
SECRET SERVICE. THERE IS AN EXPRESSION OF PEOPLE
WHO ROLL DEEP WITH MANY CARS IS
A CLEAR SIGNAL.
DOES THAT CHANGE YOUR ANALYSIS?
>> IT DOESN’T MATTER WHICH OF
THE FOUR IT IS OR 25 IT IS.
THIS IS A PREDETERMINED
SITUATION.
SITUATION. SENATOR BOB CASEY HAD IT RIGHT
TODAY WHEN HE PUT OUT A TWEET,
I’M VOTING AGAINST THIS NOMINEE
BECAUSE ALL OF THIS IS PART OF A
CORRUPT DEAL MADE BY BIG
CORPORATIONS AND REPUBLICANS AND
TRUMP.
TRUMP. IT HAS NOTHING TO DO WITH THE
INDIVIDUAL MERITS OF THE
CANDIDATE, EVERYTHING TO DO WITH
DELEGITIMIZING THE SUPREME COURT
AND DESTROYING ONE OF THE MOST
IMPORTANT INSTITUTIONS OF OUR
COUNTRY.
COUNTRY. >> WE DON’T KNOW YET WHO THIS
WILL BE.
WILL BE. IF IT’S BRETT KAVANAUGH, IT FITS
THE LITMUS TEST TO A TEE.
FOR BRETT KAVANAUGH, DO THROUGH
THE ISSUES, NUMBER ONE, ROE.
BRETT KAVANAUGH HAS GIVEN
SPEECHING PRAISING THE DESCENT
IN THE DCA CASE.
HE DID NOT JOIN THE OPINIONING
UPHOLDING IT WHEN IT CAME BEFORE
THE CIRCUIT.
THE CIRCUIT. HE USED A SPEECH TO CRAZY
JUSTICE ROBERTS UPHOLDING IT.
THE ONE MOST RELEVANT WITH
DONALD TRUMP, BRETT KAVANAUGH
HAS BEEN OUTSPOKEN OVER HIS VIEW
A SITTING PRESIDENT CANNOT BE
INDICTED AND SHOULD GET TO
CHERRY PICK WHO GETS TO
INVESTIGATE HIM AND 5 HIM FOR
ANY REASON.
ANY REASON. AND FIRE HIM FOR ANY REASON.
THOSE ARE PROBABLY MUSIC TO
DONALD TRUMP’S EARS.
THAT IS WHAT YOU WILL GET WITH
BRETT KAVANAUGH IF THIS D.C.
GROUP COMES OUT.
>> WE DON’T KNOW THAT’S TRUE BUT
YOU DON’T SEE THAT MANY
FEDERALIST JUDGES WALKING AROUND
OR IN COURT.
IN 2016, WENDY, YOU AND YOUR
GROUP WOULD FIND CHILLING, IF HE
GETS TWO TO THREE PICKS, ROE
GOES AUTOMATICALLY.
GOES AUTOMATICALLY. WE’RE SITTING HERE HOURS AWAY
FROM HIS SECOND PICK.
>> DO YOU WANT TO SEE THE COURT
OVERTURN ROE?
OVERTURN ROE? >> IF WE PUT ANOTHER TWO OR
THREE JUSTICES ON, THAT WILL
HAPPEN BUT HAPPEN AUTOMATICALLY
IN MY OPINION, BECAUSE I AM
PUTTING PRO-LIFE JUSTICES ON THE
COURT.
COURT. >> CONTRAST THAT TO A LARGE
PRO-LIFE ORGANIZATION, THE
FEDERALIST SOCIETY THAT CREATED
THIS LIST I JUST SHOWED DENYING
IT.
IT. YOU HAVE SPOKEN OUT AND BEEN
PRO-CHOICE AND THESE OTHER SEEM
TO BE PROLIFE OTHER THAN WHEN
THEY HAVE A CONFIRMATION FIGHT
OTHER THAN WHAT THE CANDIDATE
SAID HE IS TO DO, PICK NUMBER
TWO IN A STATED VOW TO OVERTURN
ROE.
ROE. >> RIGHT.
>> RIGHT. WE’RE IN A VERY PRECARIOUS
SITUATION.
SITUATION. YOU MENTIONED EARLIER, WE HAD
THREE DEMOCRATS THAT WENT ALONG
WITH THE FORMER TRUMP PICK.
WHAT’S GOING TO HAPPEN WITH
THEM?
THEM? CAN WE DEPEND OR RELY ON
PRESSURE WITH SUSAN COLLINS TO
REJECT ANY OF THESE PICKS?
THE ANSWER IS LIKELY NO.
THE QUESTION THEN BECOMES, WHAT
WILL THE PUBLIC RESPONSE BE?
WILL WE FINALLY UNDERSTAND WHEN
WE ARE ABROGATING OUR
RESPONSIBILITY TO VOTE FOR
SENATE LEADERS AND A PRESIDENT
WHO IS GOING TO PLACE A SUPREME
COURT THAT HAS RESPECT IN THE
CONSTITUTIONAL VALUES THAT HAVE
EXISTED FOR DECADES, WHEN WE
ABROGATE OUR RESPONSIBILITIES TO
DO THAT, WE LOSE OUR RIGHTS IN
VERY SIGNIFICANT AND IMPORTANT
WAYS.
WAYS. IT’S MY HOPE THAT THIS WILL BE A
RALLY CRY FOR DEMOCRATS ALL OVER
THE COUNTRY, PARTICULARLY
MODERATE INDEPENDENT WOMEN, WHO
FOR A LONG TIME, FELT THIS WAS
SOMETHING THAT WOULD NEVER
HAPPEN, THIS WAS A RIGHT WE
COULD TAKE FOR GRANTED.
I THINK TONIGHT WE WILL FIND THE
ANSWER TO THAT.
THAT RIGHT IS NO LONGER GOING TO
EXIST.
EXIST. >> CHRIS, TO WENDY’S POINT,
BROADENING IT OUT TO OTHER CIVIL
RIGHTS PEOPLE CONSIDER.
JUSTICE KENNEDY’S LEGACY, OF
COURSE, AMONG OTHER THINGS, IS
BEING A RELATIVELY CONSERVATIVE
REPUBLICAN WHO ADVANCED MARRIAGE
EQUALITY IN THE UNITED STATES.
OBVIOUSLY, WE’RE LOOKING AT
CERTAIN JURISTS IF THEY REPLACE
THAT ONE VOTE IT WOULD GO THE
OTHER WAY.
OTHER WAY. WE KNOW WHERE CHIEF JUSTICE
ROBERTS IS AND POTENTIAL
MAJORITY ON THE COURT IS.
HOW DOES THAT PLAY INTO THE
MIDTERMS IF PEOPLE THINK YOU
HAVE DEMOCRATS WHO DON’T SEEM TO
BE ABLE TO STOP THE WORST THINGS
IN WASHINGTON, IN THEIR VIEW?
>> THERE IS NO SHORTAGE OF
INCREDIBLY IMPORTANT CIVIL
RIGHTS CASES MAKING THEIR WAY UP
THE SUPREME COURT PIPELINE AND
CASES BEFORE THE COURT NEXT
TERM, CASES DEALING WITH
GERRYMANDERING, VOTING RIGHTS
CASES, CRIMINAL JUSTICE.
YOU’RE RIGHT.
YOU’RE RIGHT. JUSTICE KENNEDY HAS BEEN A SWING
VOTE ON MARRIAGE EQUALITY, FAIR
HOUSING CRISIS AND SO MUCH MORE.
THE BALANCE OF THE COURT AT
STAKE WITH THIS NOMINATION.
I WILL SAY THIS.
THIS FIGHT IS NOT OVER.
IT’S NOW TIME FOR THE SENATE TO
DO ITS JOB.
THEY SHOULD NOT RUBBER STAMP
PRESIDENT TRUMP’S NOMINEE THIS
EVENING.
EVENING. WE NEED SEVERAL HEARINGS TO
UNDERSTAND THE RECORDS
UNDERLYING ALL THE FOLKS ON
PRESIDENT TRUMP’S SHORT LIST.
HE HAS SAID OVER AND OVER AGAIN
HIS COMMITMENT IS OVERTURNING
ROE AND IMPACT THE LIVES OF
AMERICANS ALL OVER THE COUNTRY.
IT’S TIME FOR US TO VOTE AND
RECOGNIZE ELECTIONS HAVE
CONSEQUENCES IN OUR COUNTRY, NOT
JUST THE SUPREME COURT, WE HAVE
SEEN PRESIDENT TRUMP MAKE
DAMAGING SELECTIONS TO DISTRICTS
AND CIRCUIT COURTS ACROSS OUR
COUNTRY.
COUNTRY. EXERCISING THE RIGHT TO VOTE
REALLY IS KEY.
>> BRIAN, ON THE STRATEGY HERE,
WHAT DO YOU SEE AS THE BEST ROAD
TO ACTUALLY STOPPING THE PICK?
>> I THINK THAT THE ANALOG
SITUATION HERE IS THE HEALTHCARE
DEBATE LAST YEAR.
THERE, TOO, PEOPLE STARTED OFF
THINKING DEMOCRATS DIDN’T HAVE
MUCH OF A SHOT OF STOPPING THE
APPEAL EFFORTS.
APPEAL EFFORTS. WE SUCCESSFULLY UNITED DEMOCRATS
AND TARGETED REPUBLICANS IN THE
SUPREME COURT FIGHT.
AND THE ISSUE OF ROE V. WADE
WILL BE A DEFINING ISSUE IN
TRUMP’S PICK.
TRUMP’S PICK. I SAY THAT BECAUSE JUST LAST
MONTH THE SUPREME COURT TOOK THE
DECISION IT WOULD NOT BE
DEFENDING THE AFFORDABLE CARE
ACT BEING DECIDED IN TEXAS.
JOHN CORNYN, CHIEF COUNSEL,
FORMER POLITICAL STAFFER FOR
JOHN CORNYN, I CAN’T IMAGINE
HE’S VERY HOSPITABLE TO AN
ARGUMENT DEFENDING THE HCA.
IT WOULD BE HEARD BY THE FIFTH
CIRCUIT, THE MOST CONSERVATIVE
CIRCUIT, COULD VERY WELL END UP
IN THE LAP OF THE SUPREME COURT.
WE COULD HAVE A THIRD CASE IN
FRONT OF THE SUPREME COURT.
AS A RESULT, YOU WILL HAVE A LOT
OF NOMINATIONS ASKED ON HCA.
TRUMP SAID HE WOULD ONLY PICK
SOMEBODY THAT WOULD RULE AGAINST
JOHN ROBERTS.
JOHN ROBERTS. THE HCA IS AN ISSUE THAT UNITES
OUR CAUCUS AND PEEL OFF OTHERS.
JUST TONIGHT, DECLINING THE
INVITATION TO BE THE
ANNOUNCEMENT FOR THE POSITION IS
THE PICK WHETHER HE WILL UPHOLD
THIS ISSUE.
THIS ISSUE. WILL LOOK FOR THIS ISSUE OF RED
STATE DEMOCRATS IN THOSE STATES.
>> THIS IS A DIFFERENT KIND OF