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Date: January 11, 2006

Senator: Durbin

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 SPECTER: We now have both Senator Durbin and Senator Coburn present.


Senator Durbin, you've asked for two minutes as a matter of personal privilege. You have two minutes.


DURBIN: Thank you very much, Mr. Chairman.


And I will make it brief.


In a courtroom and in a committee room, it's not unusual to try to rehabilitate a witness. And when hard questions are asked, people come back with information.


Mr. Gillespie and his team is down there providing information and others. Perfectly acceptable. We'd do the same thing if the shoe were on the other foot.


Two personal references to me after I left the room -- and I apologize for leaving the committee room -- one related to the fact that I had earlier been in a pro-life position in my political life, and it is true. I made reference to this in my opening statement.


I've stood for election more than 12 times in the House and Senate, general and primary, stating my position as pro-choice. So the voters of Illinois know that.


I had asked Judge Alito whether his position had changed from 1985; that was the nature of my questions to you this morning. I don't consider that to be a shortcoming, if you would concede it changed. Although, at this point, you have not made that concession.


Abraham Lincoln was once accused of changing his position on an issue, and he said, "I'd rather be right some of the time than wrong all the time."


DURBIN: And so I don't think changing your mind is necessarily a condemnation.


The second point I'd like to make specifically is my reference to settled law. Roe v. Wade is settled law. And I'm sorry that Senator Hatch is not here at the moment, but I would like to read into the record exactly what was said on September 13th, 2005, before this committee, when Senator Specter said...


SPECTER: Does this involve Senator Hatch, Senator?


DURBIN: It does. Senator Hatch raised the question that I had said that this position...


SPECTER: Shouldn't we have Senator Hatch here?


DURBIN: If you want to wait, I'll wait.


SPECTER: Yes, I'd like to wait for Senator Hatch to arrive. That way we may be able to conclude this not in two minutes, but in less than two hours.


I have made inquiries on the rush issue over the lunch hour and I have some things to say about it, but I'm not going to say them until Senator Kennedy arrives.


(LAUGHTER)


So I've asked staff to inform Senator Kennedy that I await his arrival.


And, in the meantime, if it pleases this august body, we'll proceed with the hearing.


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