existing precedent welcome back to the
five
we're just gonna dip out quickly for a
little analysis and we'll get right back
to the hearing momentarily
we have been watching this brian
kilmeade for what is this now six going
on seven
hours i think everybody would agree that
this has been a flawless performance by
amy coney barrett
the democrat senators have not gone
after her religion
many people expected that they've been
respectful but have not been able to pin
her down
on any major issues and give any
republican senator
a a chance to second think a
confirmation vote
well intellect is through the roof jesse
100 agree i think the
the corpsman which both sides have shown
obviously the republicans are not going
to be hostile towards her i found it
educational dana said before the show
i was kind of embarrassed to say how
much i learned during the hearing
but i learned a ton during this hearing
because it was an honest exchange of
ideas this is the two themes recusal
we need you to recuse in case this thing
goes to the court and we can't figure
out a winner between
biden and trump we need you out of there
and we also need you to recuse when it
comes to
obamacare and i have some illustrations
of families we'll never meet and people
will never know
which sound like wonderful people uh but
i just don't know i think it's it's
all this stuff yesterday was a bridge
too far as was today's
we're talking about law and order the
courts and whether you belong or not
and i just thought one thing that stood
out too is senator cornyn when senator
cornyn asked could you show me your
notes
and she held up and basically it was
just a u.s senate blank sheet of paper
to be that confident to sit there and
take questions from 20 senators
for 30 minutes and that needed notes
pretty impressive yes sotomayor and
kagan had notes during their
confirmation hearing she does not have
any notes
i think everyone is very impressed by
her intellect her
able ability to articulate her
her ideas about uh the constitution and
and defend her positions in a way that
doesn't
commit herself in a way that would make
people think this is how she's going to
rule
well i think we should point out that
kavanaugh and gorsuch also had notes
um and she she doesn't i i and an
expanded
i'm in awe i think she is unflappable
poised she is going to be
a role model for women everywhere young
girls everywhere
she is calmly answering all of their
questions she doesn't get riled up she
obviously knows
her brief very very well it's almost
painful sometimes to watch the questions
from the senators because
it's embarrassing how much more she
knows than they do
um and i i thought there's so many
interesting exchanges jessie but if we
could
pull up sound bite number five this was
a moment where she talked about
um how her family reacted when
george floyd was killed and i thought
maybe we could just play that in case
people missed it earlier today let's
play
given that i have two black children
that was very
very personal for my family i had to try
to explain some of this
to them i mean my children to this point
in their lives have had the benefit of
growing up in
a cocoon where they have not yet
experienced
hatred or violence and for vivian
you know to understand that there would
be a risk to her brother or the son she
might have one day
of that kind of brutality
has been an ongoing conversation it's a
difficult one for us like it is
for americans all over the country
you know there there's we should watch
that again and again and to understand
where she's coming from but you know the
democrats had tried to paint her as
somebody who would create this parade of
horribles
of all the things she was going to do to
people who are not like her
or people that are um underprivileged
and i think that today what you saw is
this is somebody that you would want as
your neighbor
and as your friend and as your judge and
she went out of her way also to say
when they tried to keep pinning her
saying um that she was critical of john
roberts she made it very clear
i don't criticize anybody i don't attack
anybody individually
but i talk about their ideas i can
criticize ideas
and i thought it was just your stance
breath of fresh air
and i also i learned a ton i just said
brian i really did i've loved watching
it
i think when she does meet justice
roberts it could be a little awkward
the way the democrats tried to pit those
two people against each other
um juan williams very very
intense questioning over obamacare and
i think several precedents which she was
i guess trying to explain that she would
not um
infuse her own views on obamacare and
she would follow precedent
and she would interpret the statute as
written by the house and the senate how
did you think she did answering those
questions
well i think it's a lot like her notes
it's a blank slate she won't say
she won't say what her opinions are so i
mean you don't need notes if you just
say hey you know what i am
i'm not going to tell you but isn't that
what the other liberal justices did
during their hearings
no not all of them but some i mean
generally i think what we've seen as
things have become more polarized in our
country is that as
justices come before the court i think
this is especially the case
after bork in the late 80s that you know
honest discussion of your policy
positions and even things that you've
written before
is very difficult to get out because
people think oh this could be used
against me to disqualify me from the
court
but in the case of amy coney barrett i
mean like on abortion
i mean does anybody have any doubt she
is opposed to abortion rights in this
country
she signed an ad calling for roe to be
overturned she gave speeches she's
written
letters and in some cases she didn't
even disclose it
not only for this nomination but for
previous nominations been
discovered now and on the election jesse
you know president trump has said
explicitly he wants her
on the court to rule in his favor in
case any
issues in this election come before the
supreme court so
to my mind wow i mean if obama did
something like that
whoa i mean i can see conservatives just
screaming for holy murder well i don't
think sotomayor or kagan recused
themselves for any issue that came no
i'm talking about this election related
to barack obama we are 20 days away from
an election
he's putting someone on the court and
saying i'm putting them there so they
rule in my opinion okay but she answered
i don't know jesse if you wanted to play
number three i think we have that when
she said that the president never
discussed this with her let's roll that
i have had no conversation with the
president or any of his staff
on how i might rule in that case it
would be a gross violation of judicial
independence
for me to make any such commitment or
for me to be asked about
that case and how i would rule i also
think it would be
a complete violation of the independence
of the judiciary
for anyone to put a justice on the court
as a means of obtaining a particular
result i have made no pre-commitments to
anyone about how i would decide a case
but that's what that's the reason why
that trump said
he wants her on the court this is going
to damage the court's credibility
in your generation in your opinion no no
no no i'm saying and you're a what i
would and that's
not the deal that they had jesse they
didn't have a deal
that's a president tweeting that has
nothing to do with oh i see i said or
how she's gone
jesse would you say this if this was
obama no you would say
the court is now so politicized that we
as americans can't trust our court no i
trust the supreme court tonight you
shouldn't have tweeted based on the law
degen you know the president shouldn't
have tweeted that
because it did put her in this position
and i think she handled that perfectly
and that was the home run and here's
what amy coney barrett said my personal
views my religious views are distinct
from my duties as a judge
on the abortion questions and others
she adhered to the ginsburg standard she
is honoring ruth bader ginsburg no hints
no forecast no previews how many times
do you want me to say that over and over
again i wanted to call out we're talking
about her
demeanor i wanted to talk about sheldon
whitehouse
and that hypocritical
monologue or lecture that he hacked up
in front of her
not asking her one question not one
he he implied that amy coney barrett is
not there
because of her accomplishments because
of her intellect
because of how she's lived her life
but she's there because she's a pawn of
dark money
hypocrite and you know what that also is
that's sexist
let me call him out on it barrett kept
her game face on he lectured her again
not one question
wasn't that sexist she kept her
composure
she showed her incredible fortitude
because every woman watching today
knows what their reaction would have
been it would have been like
i roll ask me a question
get on with it they wouldn't have
tolerated that but she did and it speaks
to her character
i don't have that i would have lost my
business
but that i thought that that was notable
that he sat there
and lectured her for half an hour and
really every woman
if he says the federalist society has
put all these
judges including amy coney barrett on
the court through donald trump
how is that wrong let me say one thing
about that
the federal society has does not endorse
or oppose judicial nominees
number one they gave a list of the
president let me finish
i'm speaking
sheldon whitehouse was he refused to
answer any questions
in front of a house judiciary
subcommittee
about his own dark money ties he refused
so again hypocrite and sex how do you
think the democrats
uh on the panel have conducted
themselves feinstein uh
leahy my opinion might have lost their
fastball a little bit coons durbin
i thought as a democrat probably made a
more effective case
absolutely but you can see the hostility
towards her nomination but not to her
and you could see feinstein i feel as
though she was answering
those who said she lost her fastball
look at her age it's enormous she goes
3000 miles
every day so i mean every week to san
francisco and back at her age
unbelievable
so she came out very strong as the
ranking member but the one thing i
thought
when lindsey graham kind of nailed it in
the middle he said can i just point out
that everyone's been polite
not one time have you talked over each
other and i think that that's what he
wanted that's what he asked for in the
beginning not that they're listening to
him but they did
they actually behave this way it's going
to be firm it's going to be edgy there's
going to be
there's going to be emotional but you
can be polite the world is watching
and for once i'm watching something and
don't feel i have to take a shower
i mean what i also know too is after
going through this
the real hits happen after they testify
because
that's when the justice thomas thing
came forward with the whole uh
with the whole controversy with him and
then of course with kavanaugh he thought
he was in the clear
and then things came out in between that
and the committee vote but having said
that
i've never seen somebody more confident
and just keep in mind
if you if you're the uh ask a former
chief of staff of president trump
he's in control of his own tweets a lot
of times people look around and in the
communications department say how do i
deal with this
that's the same way that uh that this
that uh judge baron is dealing with this
now
it doesn't reflect on her and i think we
all know the present united states is
this is how i feel i want to tell the
world he doesn't necessarily
do things like every other president and
i think we should stop
pretending as if we're surprised when it
doesn't happen yeah
dana i i do want to agree with you i was
really
blown away by amy coney barrett today
she's got
you know bright eyes she looks you
directly in the
eye she's very clear she's forthcoming
but not and
she's not snobby she uses a lot of
legalese that kind of loses you and
you start losing track of what you're
thinking about
she was as forthcoming as possible
direct as possible specific as possible
and showed a sense of humor uh was
poised articulate you really can't say
enough about how she conducted herself
as a professional and i thought
maybe this has been said before but the
fact that she had her young kids there
sitting silently and quietly for that
entire time
shows you what a good mom she is in fact
dianne feinstein asked her at the
beginning she said and
your children are so well behaved
sitting behind you and she said
i have eyes in the back of my head what
i thought was interesting is just
thinking about you know we've been
talking about this presidential election
and how many of the candidates even that
ran during the primary
are much older yeah and here you have
someone 48 years old a mother of young
children
dealing with things that parents all
across america are dealing with
she has seven children one has special
needs two are adopted
one wants to be a lawyer another wants
to be a lawyer
a writer that she she knows she's trying
to manage all of this she talked about
having to not homeschool but um do
remote learning at home and that they
just basically decided
she and her husband divide and conquer
and that's how they were going to get it
done
and i sit there and i think well i can't
i don't even run errands
like she is running circles around um
everybody and
you know women often ask can you have it
all
and no you can't have it all at once but
wow she can
multitask and is so supported by her
husband that to me
is a really good thing to see