tv The Ingraham Angle FOX News July 9, 2018 7:00pm-8:00pm PDT
2016. >> sean: as judge scalia said, a good judge will make many considerations as the law demands. we will have much more tomorrow. when we come back, let not your heart be troubled. laura ingraham is next. >> laura: good evening from the white house. i am laura ingraham. this is "the ingraham angle" ." a historic night here in d.c. for less than an hour ago behind me, president trump fulfilled a campaign pledge and nominated a staunch conservative to replace the retiring justice anthony kennedy on the supreme court of the united states. 53-year-old brett kavanaugh is currently a judge on the d.c. circuit court of appeals and widely regarded as the most prestigious court in the united states outside the supreme court of course. judge kavanaugh is straight out of central casting. a judge would've been strongly considered by any republican president. graduate of yale law school.
clerked for justice anthony kennedy. joining me now to analyze the pick is brit hume, former whitewater independent counsel ken starr who was judge kavanaugh's boss during the investigations into bill clinto bill clinton. justice walker. and at the white house, leonard leo, the president's top outside advisor on judicial picks. leonard, we've got to go to you first. congratulations. you are kind of the men of the moment because you've been working this process behind the scenes. we were both in that room together when brett kavanaugh walked out. his father comes out first, his mother. mrs. scalia was there. two sons of mr. scalia and general niece, edwin meese from the reagan administration, former attorney general. what is you feel? i know what i felt. >> a tremendous sense of history going all the way back to the
reagan administration. the idea of transforming the federal judiciary to respect the constitution at the law and seeing brett and his beautiful family, it was an electric evening, a magical evening. >> laura: 12 years on the circuit court of appeals. for people who aren't really into the legal organization of the courts, the d.c. circuit is the second highest court for all intents and purposes. there's a lot of administered of law cases decided there, kind of a lot of geeky cases. a lot of cases that come right out of the administrative law process. judge kavanaugh dealt with a lot of those cases. doesn't have a lot of judicial opinions on the first amendment that concerned some conservatives. should they be concerned? >> he's got a couple cases on religious freedom which is really important. he has one really important campaign finance case and he's got all these cases involving the administrative state where
he gets into the whole issue of how government needs to be accountable and transparent. separation of powers needs to be respected. it's an incredible record. almost 300 300 opinions. >> laura: he said, this is what stuck in my mind. it sounds kind of trite. "i revere the constitution." like, everyone says they revere the constitution but full disclosure i have known brett for 27 years. he does revere the constitution. people were criticizing him over the last 72 hours because he was staff secretary, ran the paper flow for bush 43. bush 43 did not support this president, did not vote for this president. conservatives that he comes out of the bush administration. how can we trust him to be a scalia or a thomas or a gorsuch or a alito. what do you say to those who are still doubting brett kavanaugh tonight? >> you have known him a long time. he has dedicated his entire life
to defending the constitution of the rule of law. he understand what makes a judge most fair is that you interpret the laws written and enforced on respect the limits of in the constitution. he said that tonight. >> laura: stay there. we're going to stay with leonard for most of the show tonight. brett, i have to go to you. you've been standing here doing so many of these years for battles for supreme court nominations. what is your sense after hearing judge kavanaugh speak tonight when the resistance out there from so many senators. they said were not going to support anyone whom this president nominates. >> i think judge kavanaugh gave a perfectly fine account of himself tonight. he seems to have an attractive family and he seems to be a nice young man. he seems young to me, anyway. 53 years old. that's young at this stage of my life. i have to tell you after the announcement, i watched some of
the reaction on our competing channels. i must tell you that it's already starting. he has rendered a number of decisions for example reining in the administrative state here in washington. he will be portrayed, laura, i can tell you without any fear of contradiction is the enemy of the environment, a defender of big interests against the little guy and so on down the line. it's a litany you've heard before, and we are going to hear it again. it will get very loud and it will probably be almost 100% humbug but it's going to be out there and he needs to be well prepared to defend himself in the hearings. the white house and those supporting this nomination better prepared to rebut the allegations. >> laura: judge star, you've been in the thick of it yourself with the left opposing any sense that you might ultimately rise to the court. at one point during your career, they painted you as a guy, like you couldn't be trusted with
these sacrosanct rights to abortion in the constitution and all these other social issues. you have seen it close up. what this city is like to dedicated professionals who are dedicated to the rule of law, the constitution and originalism and textualism. your reaction to brett. >> he practiced law together. brett kavanaugh is the real thing. i predict that he will be confirmed. it's going to be i guess easy for some people to vote against him but he's going to wear well. he's the real thing. he's the goodness, of kindness and spirit that we saw tonight as a statement. what we heard tonight really came from brecht's heart i've known him since he was coming off the justice kennedy clerkship. what you see with brett is what you get. he's going to be --
substantively come i think were going to have a different conversation. we are going to have the political conversation that's unfolding, as brit just said. i think it's going to be a deeper confrontation. i hope there will be. -- a deeper conversation. what do we want for supreme court to be? what do we want a supreme court justice to be? we can use short shorthand terms and they are helpful. i would also say do we want to restore the traditions of other justices. ryland white -- byron white believed fervently in we the people and the ability of us to govern ourselves. it is the right of we the people to govern ourselves. judge kavanaugh has the advantage, in addition to being so steeped in those principles, to understand what we have been
talking about and that's the administrative state and the need for accountability. he has been a very powerful voice that fundamental principl principle. >> laura: justin, you clerked for anthony kennedy and for judge kavanaugh. justice kennedy has hired seven of judge kavanaugh's clerks over the years, meaning justice kennedy puts judge kavanaugh in high regard. very high regard. you are one of the clerks. again, going back to the conservatives who were going nuts over the past 72 hours saying these and other david souter. okay, you are shooting yourself in your own foot. what can you tell our viewers at fox tonight about their relationship, anthony kennedy and judge kavanaugh's relationship and does not extend to their jurisprudential outlook on some of these more hot button cases. >> thanks, laura. they both absolutely revere the
constitution. i can't imagine how proud justice kennedy must be that his successor will be not only one of his former clerks but a former clerk who justice kennedy talked about in chambers all the time. he would point to the chair where judge kavanaugh sat when judge kavanaugh was a clerk and he would say brett was always there in the morning when i came in. he was always there at night when i left. i would say brett, go home. he worked too hard but he would never go home. he just absolutely is probably bursting with pride right now i judge kavanaugh's nomination. you know, i guess i also think america is probably -- i think they are going to fall in love with judge kavanaugh. i think they are going to be some senators will find it very difficult vote against such a family man, for the patriot, someone who has spent the past 12 years in the second-highest court writing 300 opinions. 300 times out of 300 times. adhered to the constitution, adhere to text and approach every matter in an impartial,
fair, independent way. >> laura: brit, you alluded to the caustic nature of this process. i want to play for all of you part of what mitch mcconnell said today on the senate floor about how the sky is always following when a republican nominates someone to the court. watch. >> we are looking at the destruction of the constitution of the united states as far as i can tell. it's hard to keep a straight face when you hear stuff like that. please give the american people some credit. decade after decade, nominee after nominee, the far left script hardly changes at all. anyone and everyone a republican president nominates to the supreme court is some kind of threat to the republic. >> laura: brit, that was about
as animated as you you and i he ever seen senator mcconnell. trying to crack jokes. i mean, as great of a speech as judge kavanaugh gave tonight, coaching basketball and the story about his parents who were incredible people. the left doesn't care about any vat. this is about abortion and gay marriage, correct? >> it is about those kinds of issues and abortion particular. gives you a sense of what this issue and its seizure by the supreme court in, walked, 1973 has done to our politics and our judicial system. this is an issue that i think it's reasonable to argue should have been settled by the legislative process. let the people decide what the law ought to be. the supreme court devised a right that no one had previously detected in the constitution for that and we've been fighting this battle ever since. far from settling the issue, it has animated and some might say poisoned our politics to a great extent ever since. here we are again, and once
again that issue comes to the fore. it's the enduring political and moral issue of our time and one which the courts have had far more to do with them they probably should have, and that is the approach that judges like brett kavanaugh and others who are on this list would have stood against. that is why the democrats and their allies are so opposed to such nominees, because they are accustomed now to winning these victories on social policy and other issues fight judicial fiat. they are not able to enact them in the legislative process and that's why there's so much at stake with a nomination like this which tips the balance of discipline court. this may be, as judge starr suggests, an edifying process. i am just a political reporter. i'm looking at what i'm seeing and it's looking pretty rough. >> laura: leonard, chuck schumer was on the senate floor today and it was like doing speeches. we may have some of that sound.
do we have some of that sound question will get to it later. he was up there. brit was right. he was hitting the gong about how this was an alarm bell for the left and democrats. this is do-or-die. you've got to stop this. my question is, if brett kavanaugh is solidly conservative, he is maybe not scalia in a full on textualist. if he is replacing someone who's usually conservative, judicially conservative, i am saying, is it that big of a swing on the court? given the last year's opinions by this court where anthony kennedy was with the 5-4 majority on every opinion of great consequence? >> that's a really good point, laura. you are going to see a lot of scare tactics. justice kennedy was for the most part a conservative justice,
especially on issues of separation of powers, federalism, areas of religious freedom, free exercise in particular. we saw the last term he voted with the conservative majority. 75% of the time. this is hyped up. this is really hyped up. of course, we know why. because the left wants to have a court that is outcome-based. they want to make sure that they get results from the court they know they can't get through the political process. >> laura: judge starr, i think that hits the nail on the head, does it not? we now have a federal court system that is doing the difficult and the ugly job of legislating from the bench. issue after issue. barack obama had a profound effect. justin, you know this as well, had a profound effect on our judicial rate with the he got through, even with some of the delays in the last few years. he transformed the fourth circuit court of appeals. you know well, judge starr.
he transformed that court with his nominations. >> laura, this is not in fact what the founding generation intended. when we go back to alexander hamilton, the alexander hamilton of broadway fame, and we read his federalist 78. what he said so eloquently any scented in the about four pages. every school child in america should read it and now every grown-up shed. that this, the judiciary is the least dangerous branch. why? because it's not going to be imposing its will on the american people. it is simply going to be exercising judgment. that's what i call the grand tradition in american constitutionalist law. john marshall all boy through so many justices who are revered even to a great extent by the left, like louis brandeis and benjamin cardozo. they would not in fact count on the scare tactics. this is beyond the pale.
but also the jurisprudential approach that we just care about results. we are here to make what we believe to be the most humane and compassionate public policy. that's what we are here to do. no, that's not what we are here to do. when i say "we," i am talking about the courts of the land. you are to be stewards of the law and take the text, talking about the text, the text is so terribly important. meditate on that text but don't just make it up. that is a great divide that's going to i think divide the united states senate. >> laura: justin, again, former clerk for both justice kennedy and judge kavanaugh. kavanaugh said this, alluding to what judge starr just said about reverence for the constitution. let's watch. >> tomorrow i begin meeting with members of the senate which plays an essential role in this process. i will tell each senator that i
revere the constitution. i believe that an independent judiciary is the crown jewel of our constitutional republic. if confirmed by the senate, i will keep an open mind in every case, and i will always strive to preserve the constitution of the united states and the american rule of law. >> laura: justin, for all these suspicious conservatives out there who remember david souter who was trotted around the senate, met all the senators in the day, and he turned out to be a judge, very nice man but who ultimately evolved toward a much more judicially liberal point of reference regarding the constitution. his judge kavanaugh the type of judge who would evolve, again,
for all those critics out there on the right and there really shouldn't be any left, who would evolve toward the more liberal block on this court, what can you say to that? >> i would point out first of all that when i took judge kavanaugh's class as a second year law student, the very first thing he assigned in the constitutional law class was to read the constitution. this was actually a pretty surprising assignment and some law schools. as you know, the read case after case and sometimes you take a whole constitutional law class without reading the constitution. i think the left, right, and center, anybody who comes to this question with an open mind is going to find a judge who has been spent 12 years adhering to the structure and history and meaning and text of the constitution and doing so in such a fair-minded way. you know, he mentioned in his speech that the man one who hid him, justice kagan. three left of center justices
have hired clerks of justice kavanaugh. left, right, center, judge kavanaugh is so easy to admire. >> laura: given this historic night, we appreciate your input. leonard leo is going to stay with us. the rest of you, thank you so much, critical analysis from all of you. it's been an hour since president trump announced the supreme court nominee. the left, sb five reference, already in full resistance mode. just a few miles from here in the supreme court. should i walk down and hang out with them? i we will be there next. ts me ak for heart attack or stroke. can one medicine help treat both blood sugar and cardiovascular risk? i asked my doctor. she told me about non-insulin victoza®. victoza® is not only proven to lower a1c and blood sugar, but for people with type 2 diabetes treating their cardiovascular disease,
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>> laura: if you are just joining us, president trump earlier tonight named conservative brett kavanaugh as his nominee to replace the retiring justice anthony kennedy on the supreme court. chief white house correspondent john roberts joins us now to explain why the president went with the 53-year-old judge from the d.c. court of appeals. i feel like i'm intruding on your space here. >> fox news. >> laura: it is the super bowl for me. >> it is the super bowl for a lot of people. everybody we talked to today said i think this. somebody else said no, it's
exactly the opposite. tom hardiman's people were saying -- the reason is the president didn't make the decision until late last night. he called kavanaugh. he called on mcgann. he had told three other people that they were on the list and because the decision was so late, the white house had to prepare four background packages, even asking each one of the nominees who they would put on their guest list if they were chosen. >> laura: how depressing. if you are one of the other people and you have your guest list, that's kind of sad. i feel bad for them. >> laura: this information was out there so people supporting the individual candidates that we've been asked for a guest list to that must mean our person is the candidate. when it came down to it, it came to brett kavanaugh who the president said all along he was the front runner. he believes he can gain get confirmed through the process. by the first of october. leonard will tell you that's an important date because of they can't get it done by then, it
might get kicked until after the election. what democrat is going to allow a nomination to come to the floor before the new senate is in. >> laura: i've heard there's been resistance to kavanaugh's building up inside the white house and i've been getting texts and emails from people saying what are you hearing? seems like there's some criticism of kavanaugh's record. even h mcconnell was concerned because kavanaugh had worked with george starr who just joined us in the previous segment and is part of the independent counsel in whitewater. that that was going to be difficult, also because he was staff secretary to bush 43 who didn't even support president trump. i think i've got to say it's to president trump's credit that that didn't dissuade him. it didn't dissuade him. he sat right outside the oval office for bush 43 for five years. >> here's the tough thing about doing television with laura, she knows far more about -- you know far more about this than i do but i do no there was some resistance not necessarily
in the white house but among some people particularly the 2011 obamacare decision where he ruled in his opinion that the individual mandate was a tax as opposed to a penalty and said we don't have the jurisdiction to hear this case because the tax doesn't kick in until 2015. >> laura: he is a circuit court judge. >> judge amy coney barrett has written about it. then there was an idea that he was very tight with the bushes. he met his wife ashley in 2001 and talked about that day because i was here at the white house when we are all told to evacuate the white house because they thought there was a plane coming in here. it was flight 93. people thought he was a little bit too tight with the bush administration. the fact that he actually nominated him and put him out there with such conviction as he did tonight really was quite extra ordinary.
>> laura: it's going to be a fun several weeks. john roberts, thank you so much. in your territory here. everyone has alluded to, the left is already in full resistance mode over judge kavanaugh. left-wing agitators and politicians began protesting his nomination in front of the supreme court almost as soon as president trump made the announcement. >> we must ensure we defeat brett kavanaugh. all our rights are at stake. >> he will endanger our fundamental freedoms. >> he must not become the next justice on the supreme court. what that will take is all of us fighting as hard and as long as we can. >> we won't stand for any nominee! no brett kavanaugh who wants to take away our constitutional rights. >> [chanting" >> laura: they
must have had a lot of different signs. the left-wing center for american progress, joining me for reaction, croissant, former former advisor to senate minority leader chuck schumer. matthew lemke, attorney in alabama who clerked for justice kennedy. it's great to have you on. matt, let's start with you. justice kennedy for whom you clerked, i'm wondering what he is thinking tonight. he is probably over the moon. that association with both justice kennedy and the bushes did give a lot of conservatives, before we get into the resistance, pause about judge kavanaugh, whether he would be the right type of justice, whether he would evolve in the role. matt, you know brent and you know justice kennedy. what are your thoughts after watching this all unfold? >> i think it's a great night for justice kennedy. he's got to be immensely proud that his law clerk has been
nominated to the courts. it will be his second law clerk on the court if judge kavanaugh is confirmed because of course judge justice gorsuch also clerked for justice kennedy. there is a 12 year record of 300 decisions by judge kavanaugh that show that he is a principal conservatives who believes in judicial restraint and believes that he's not the 101st senator or some of her legislator. instead he is there to interpret the law. president trump had four great candidates. i think any one them would made out of a terrific nominee and people had their favorites. i think people will rally around, all conservatives will rally around judge kavanaugh because he really is a principled conservative we can count on. >> laura: accept the protesters. chris, that is your party. they had all their preprinted signs. you had the naral people and
planned parenthood. the center for american progress. i'm trying to put myself as an outside observer which is hard given my background. none of that seemed attractive to me. it seemed for form and it seems like it doesn't matter who the president nominated. he could have nominated merrick garland. they would've probably had a resist garland sign. >> if he would have nominated garland, i would hear talking about how great a president donald trump is. but i will say this. merrick garland, it all comes back to it. that's what set this up, right? the left-wing of the democratic party, the democratic party as a whole has no choice but to resist this nominee. regardless of his qualifications, regardless of his background, because they feel like they're nominee was stolen by mitch mcconnell two years ago. as a result, we are in for probably the super bowl of all
super bowls of battles in congress over the next couple weeks i think october 1 is a very aggressive deadline especially given the fact that he has 300 decisions that people are going to have to wade through and understand. going to get a lot of questions on those. i remember i heard mr. leo talk about odorless papers. my favorite is federalist 51. ambition much must counteract ambition. congress has lacked ambition and the court as a last resort. democrats have to take that into account when they look into his background. >> laura: bernie sanders without their and full resistance mode. after judge kavanaugh's announcement tonight by the president but bernie was, all hot and bothered. let's watch. >> what we are talking about here is, in a moment in american history where we have a right wing extremist controlling the house, the senate and the white house, if we appoint
another right-wing extremist to the supreme court, i have very serious concerns about justice in this country and what will happen to the men, women, and children in the future of our nation. >> laura: i think the left is going to try to use this to whip up votes in the fall on the midterm election cycle. that's why they want to put this off if they can until after the midterms. i think they're not going to be able to do that what your reaction. bernie sanders is still very popular. filled stadiums unlike other people who wanted to be president. your reaction to his comments tonight before the court announcement? >> well, i think it's ironic that this whole thing has occurred because hillary clinton rigged the whole democratic process so bernie sanders couldn't get traction and now here we are. conservatives are grateful that donald trump is making the second great pick. no matter who had been picked.
the gorsuch situation, democrats have blank signs and they took markers and they filled in the blanks as to who was the person they are going to be protesting. i'm sure that was happening today as well in d.c. it doesn't matter who it is. doesn't matter who it was. could've been anyone on that list of 25 or any conservative and the same hysterical reaction would've been there. it's an hour later, not even an hour later, and blood is already running in the streets according to these people. out remember the same crowd, naral, now, they said justice souter was going to overturn roe v. wade. we have been hearing this. it's not down to merrick garlan garland. hysteria over reaction dating back to bork and before. each time, they got it wrong and it is the boy who called wolf. >> laura: match, we have 15 seconds. if there's one thing brett kavanaugh could do to sway collins or murkowski, do you think they're going to be a
>> my mom was a trailblazer. when i was ten, she went to law school and become became a pro. my introduction to law came at the dinner table when she practice her closing arguments. her trademark line was "use your common sense." what rings true, what rings false. that's good advice for a juror and for a son. >> laura: judge kavanaugh seems like, i don't know, an obvious win for republicans. people are grousing on the other networks. we will talk about it.
his proven record of protecting the constitution and has not been afraid to court controversy. controversy. how was his nomination going to play or politically? should republicans rush to confirm him or should leave this opportunity to motivate voters in the midterm elections? interesting theory there. joining me to discuss, our esteemed pollsters. also we continue with leonard leo. the president's outside advisor on judicial nominees who's been with the president and inside the white house on this from the very beginning. it's great to have all of you on. leonard, we were just talking about this issue of murkowski and collins, two republican senators who are pro-choice and to the left had been courting to oppose this nominee. can our viewers at fox tonight assume that they have been consulted on this nomination? or is the president confident that in the end, they will vote to confirm judge kavanaugh? >> the president spoke with senator collins. senator collins made it clear
what the road map is for confirmation. she said she wanted a judge was going to adhere to the constitution and the laws and she wanted someone who was going to respect major precedent in the court. if you look at brett kavanaugh's record, that's what you get. you get someone who struggles in grapples with precedent. he knows it's important and you've got to figure it out. and he adheres to the constitution and the laws. we will see what happens but she has certainly given herself and other moderates in the senate some space. >> laura: frank, you have an interesting theory about whether this vote to confirm this nominee is best rushed before the beginning of the court determined early october or held until after the midterm election cycle. when i first heard it, i was like, has frank lost his mind? explain this because i got more interesting as i thought about it as the day went on. >> i think chuck schumer is right. i hope that the republicans follow his advice. two reasons. first is that we need a conversation about the constitution.
right now in 2018. the longer we have this conversation, i think a better conservatives are going to do because in the end when you talk about freedom of speech, the press, religion, and talk about the bill of rights and the ten amendments, i think the longer the conversation goes, the better conservatives do ever want to educate the american people on why that document is so important. second, conservatives are much more focused on the supreme court then liberals are. conservatives are more likely to get out and vote. this is the only issue that galvanizes republicans to participate in this midterm election. so yes, senator schumer, i do hope you get that extended period to have this conversation. it will elect at least two more republican senators. it may even save the republicans in the house because every conservative will vote to ensure that this man, a strict supporter of the constitution, becomes the next supreme court justice.
it's that significant in the american political process. >> laura: interesting, mark penn, the poll with hart about last week, i thought it was interesting about whether we whether the confirmation vote should take place before the metrics are after and 62% according to the nbc pulse peshmerga before. i think it probably freaked out chuck schumer and company. most people said before. what about your pal frank's idea. that's a republican perspective. i think it's interesting but i am someone, light, a bird in the hand. get this done, get him in. i get paranoid about waiting too long on these things although i think it's an interesting idea. >> i had a philosophy about nomination and endorsements. get this done as quickly as possible because you never know what tomorrow brings.
right now we can protest but we ain't going to do anything about this nomination unless something significant is found in his record which has not happened with neil gorsuch. i think the longer this plays out, the more plays to the democratic advantage. two-thirds of the people in this country would not overturn roe vs. wade. even though abortion itself is a closely split issue. second trimester and third trimester abortions most people want only under limited circumstances. they do not want to overturn and reopen social wounds in this country and they think that any nominee that would do that will probably take the country in the wrong direction. the more this reopens the wounds, it makes for a more divisive society. >> laura: here's the problem. hold on. here's the problem with that. the problem with that is you have someone like brett
kavanaugh who -- listen to his speech tonight, how he spoke, how he spoke with not only reverence about the constitution but the process. looking forward to meeting with senators, being an independent jurist. i think most fair-minded people, not the agitators at the courts tonight, but most americans watching him tonight if they see even a snippet of that, they are going to think he's not a fire-breathing dragon. he's not going to rip up the constitution and put women in jail. that doesn't strike most people. i think that image tonight at the courts hurts the democrats morning, noon, and nights. i don't like its attractive. i don't think those women out there tonight help the democrats at all. frank, your thoughts about what we heard tonight. apparently on another network tonight, cnn, rick santorum was criticizing brett kavanaugh. criticizing him. what is that all about?
>> this country, this country needs civics. it's not taught in high schools. it's not taught in colleges. we need our next generation to understand the importance of the constitution and how this government operates. the longer that we have this discussion, it may not be about politics, but absolutely is about the next generation and to understand where they constitution matters, the bill of rights matter. we should not be politicizing everything. these protesters and the extremism being articulated is one of the things that's driving this country apart. it is driving people insane. i love the fact that this president made this very calm, very conscientious choice, that he chose someone committed to the constitution and i think that the longer we have this conversation, the better it's going to be for america in the long run. >> laura: leonard leo, that's a risky idea of putting up a confirmation vote. i get what frank is saying and i think that's one of the main reasons people wanted donald trump -- a lot of reasons, immigration, trade.
this court became a really big issue in the presidential election, the supreme court. huge. would you be in favor of letting this thing play out longer than the beginning of the new term at the courts? or do you agree with mark pender that would be a gift to the democrats? >> the faster you can get it done, the better. the president made this a defining issue in the presidential campaign. he rallied a lot of voters around it. he won in part because of it. he continue that momentum by nominating neil gorsuch. this is a train that is moved at a great pace of the last couple years and i think that pace should continue. >> laura: what about santorum? hugh hewitt, one was the last time he was right about a major political issue? no offense. i like him as a person. >> anyone who's read brett kavanaugh's opinions knows what he stands for. a lot of these folks are probably saying the way he didn't come out on the
health care case. he had a prior precedent he followed. i think it's a red herring. we do stay there. leonard is going to stay with us to discuss the suggestion that the president could get yet another supreme court vacancy. raymond arroyo in the theater of the supreme court nomination. no contract. all with nationwide coverage... tracfone. for moments that matter.
>> laura: all right, i am so excited. this has been such an incredible night. when it comes to potential supreme court nominees, no one has the president's ear more than leonard leo who is now himself under fire. that's the way it goes. you step in the flames, you're going to get some heat. leonard is with us. the left is so brutal. anyone who has had with his president, i on pretty much any issue has become a target. you are now a target and chuck schumer address this today on the senate floor. let's watch. >> no one has been more dedicated to the enterprise of
building a supreme court that will overturn roe v. wade then "the federalist" societies leonard leo, the very man who chose the list of 25 that's what we are up against here. that's why america is on tenterhooks. >> laura: when he does this, he is really serious. when he goes will quote no one. i have known you for a couple decades at least and you don't strike me as this scary dude who is going to shred the constitution and put people, put constitutional rights in the dumpster. but you have now become part of the story, and how does that feel? you are a mild-mannered guy who cares about the rule of law. a lot of people say why doesn't leonard go on the court? how did i feel today? >> this is insulting and offensive to the president. he made the supreme court a defining issue in the election. he took ownership of the list.
the list was his idea, his idea. >> laura: great idea. >> propelled him to victory and helped told the senate. he continued that momentum with neil gorsuch. he has been in the driver's seat this entire process. this is not outsourced. this is the president. if he owns this process. senator schumer, he is just hysterical, and they are going to be hysterical through this process. that's just what we are going to have to deal with. the american people are going to see through it because they love the constitution. they love the constitution. >> laura: they say you guys coming republicans, didn't give barack obama merrick garland. of course, senator mcconnell blocked that nomination from going forward. didn't even get a vote on him. they think now it's payback time. >> well, if the american people didn't like it, they didn't have to elect donald trump but guess what. they did. and the american people gave us neil gorsuch. >> laura: my sources are saying that the president was extremely hands-on in the process. and was doing his own due
diligence. he was calling people. he was cross-referencing claims about certain nominees. he liked all of the, all four of them very much. is that accurate? as people, one-on-one relationships. >> he was as transparent and engaged as any president. he met at length with these nominees. he asked questions. he talked democrats and republicans. he was on the golf course over the weekend on the phone half the time talking to people about this process. i have never seen anything like it. the democrats are complaining that it's a corrupt, secret game. of course not. this president has been out there working hard on this for a long time. expedia what do you say to the never trump-ers? people who say the democrats should take over november because this president, this is not a true republican president. george will, max booth, others
who sometimes appear on our own network as well. they are just adamant to block. people, supposedly republicans, adamant to block this nomination. >> the supreme court and the constitution has always been that the heart of the g.o.p. agenda and i hope this process as brett kavanaugh unfolds what he believes in, that some of those people will begin to realize that this president has played an incredibly transformative, multigenerational role in helping to restore the constitution and the rule of law. >> laura: not going to be a souter? sticker that's absurd. >> laura: thank you for spending so much time. come back anytime. we will do a dramatic number, movie a duet. up next, the most dramatic moments in supreme court nomination history. raymond arroyo will break down the theater of the process. battery in your smart lock?
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>> laura: you all know supreme court confirmation hearings have produced some of the most dramatic moments in senate history and couldn't contain some lessons for judge kevin. joining us now from new orleans to discuss the theater of the confirmation process, best-selling author and fox news contributor raymond arroyo. i know you spent the day watching old scotus hearings.
>> i pulled some because as i looked at the nominee, this is a man, as you've been mentioning, 13 years on the federal bench. what many people forget, he was part of the whitewater investigation. he wrote the kent starr report which had the articles of impeachment or at least suggested impeachment of president clinton. he worked with the bush administration. i expect and as i watched these hearings who may put me in mind of ted kennedy who dredged up robert bork's past history, as political history working for richard nixon. here's what he said. >> the man who fired archibald cox does not deserve to sit on the supreme court of the united states. robert bork's america is a land in which women would be forced into back alley abortions. blacks would sit at segregated lunch counters. rogue police could break down citizens' doors and midnight raids and schoolchildren could not be taught about evolution.
writers and artists would be censored at the whim of government. >> laura, i think we are going to hear that type of language, that dystopian nightmare will be painted again. the black alley abortions, they are going to try to paint kavanaugh with that same brush. it worked in the case of judge bork because he was very defensive. he was very defensive and sharp and didn't quite know how to fight back and clear his name. >> laura: i remember. i was working at the white house when that went down and i loved judge bork of course. the charm factor wasn't on display during those hearings. and he kicked puppies too. i'm surprised ted kennedy didn't say that. elena kagan, associate justice, she had a very interesting way of dealing with tough questions. watch this exchange from 2010. >> christmas day bomber. where are you at? >> i should ask exactly what you
mean? >> where are you out on christmas? >> [laughs] you know, like all jews, i was probably in a chinese restauran restaurant. >> laura: she was hilarious. speak about hearing was like stand-up comedy. brett kavanaugh should watch something. he can take that light touch which we saw some of tonight when he was announced. he has warmth. he needs to get in touch with his inner jerry seinfeld on have a good time. let me tell you the admissions we heard tonight that he was an altar boy. his jesuit training. that may come back to haunt him because they are going to try to use the catholic thing against kavanaugh. your boss clarence thomas had similar problems and that they brought -- they threw everything it clarence thomas including the kitchen sink. he decided to respond with righteous indignation. this is another way to go.
watch. >> this is a circus, a national disgrace. from my standpoint, as a black american, as far as i'm concerned, it's a high-tech lynching for uppity black who in any way deigned to think for themselves, do for themselves, have different ideas. it is the message that unless you count outward old order, this is what to you. >> laura: never have truer words been spoken to my former boss, clarence thomas. brilliant jurists, has had an amazing career on the court. ultimate revenge is life tenure. raymond arroyo, thank you.
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pretty solid bet on this that brett kavanaugh will be confirmed by the u.s. senate. this fight ahead of us is going to be something. we will be with you covering it every step of the way. good night from the white house. shannon bream is up next. >> shannon: this is a fox news alert. i'm shannon bream in washington on this historic night for the white house and for the nation. judge brett kavanaugh making an impassioned appeal to the left and remarks from the white house tonight talking about his family's commitment to community and telling america he would keep an open mind in every case. his first pitch to a deeply divided senate looking at midterm elections and president trump's efforts to nominate conservatives to the high court. potentially leaving an indelible mark on the laws of the land for decades. this is history, folks. we have a star-studded lineup to break down from senator sasse to tony perkins. we have team coverage. kristin fisher digging into kavanaugh's background and a