Date: January 12, 2006
Senator: Leahy
Topic:
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SPECTER: Senator Graham?
No comments. Wonderful.
SPECTER: Senator Cornyn?
CORNYN: I yield back my time.
SPECTER: Doubly wonderful. We're going to be going into executive session when we finish, which will be just in a few moments and we've attempted to notify all senators -- those not here -- through staff. And the purpose is to discuss in private any questions anybody may have in mind as to Judge Alito.
It doesn't suggest anything of substance, but we've adopted this practice since Justice Breyer's proceeding and do it as a matter of routine so that if there is something, by going into executive session, we do not signal that there is something. And going into executive session does not mean that there is something or that there is nothing, but it is routine.
As I explained it, I'm not quite sure why we do it, but we do it.
(LAUGHTER)
And it doesn't take long if you do it before lunch.
(LAUGHTER)
Some suggest we do it after lunch, and let me tell you, it'd be a long session. But we're going to do it before lunch and we're going to do it in the committee hearing room which has been swept -- another unnecessary item because there's nothing to say in there. But that's our procedure.
SPECTER: Now I yield to my distinguished ranking member, Senator Leahy.
LEAHY: Thank you.
And just briefly, Mr. Chairman, you have been so courteous on this, I hate to even take this time by saying this. I want to make sure Judge Alito is here.
When we started this, I actually started the same subject I started with then Judge John Roberts, now chief justice. It's on the question of presidential power and whether he appreciates the role of the Supreme Court as a check and balance.
LEAHY: As you know, I voted for him. And that is a leap of faith because nobody makes commitments exactly how they're going to vote in one case or another.
In this case, it's been pointed out you're going to replace Justice Sandra Day O'Connor; actually, additionally, Chief Justice Roberts was nominated for that.
Then Harriet Miers was nominated. The president was forced, by concerns within his own party, to withdraw her.
He then nominated you very briefly after you had been -- well, you had been interviewed once at the beginning of his term, but then you were interviewed again by Vice President Cheney and Karl Rove, Scooter Libby and I think a few others.
And that's why I worry. I just want to make sure, in my own mind, that you would stand as a check and balance for this president or any president.
I know you're concerned. You expressed in the year 2000 -- you criticized independent counsel law. So many times in the questions I've raised it's because I was afraid you would not act as a check and balance.
We have a government that is getting more and more powerful and, in the electronic age, especially powerful. We see illegal spying on Americans by Americans.
LEAHY: All of us agree the president is not above the law, any more than you are or I am. But it takes more than that, especially if we're giving the president the power unilaterally to redefine the law, an issue that's going to eventually come before you.
Those are my concerns. I wanted you to know that what my concerns are. They go beyond -- anything what the other issues raised by senators, Senator Specter or other senators; legitimate issues that those are. But those are mine, and I wanted to say that to you personally.
Thank you, Mr. Chairman.
SPECTER: Thank you very much, Senator Leahy.
We're about to excuse you from any further participation in these proceedings, Judge Alito.
I've been handed statistics which show that you've been questioned for about 18 hours, the number of questions approximating some 700. And some differences of opinion as to the comprehensiveness of your responses, but the senators are entitled to their own views.
And you'll be hearing more when we conclude the hearings and later go into executive session for the committee to vote. And further on floor debate.
SPECTER: But you've certainly demonstrated remarkable patience -- I think everybody would agree with that -- and remarkable stamina, and a very loyal family, led by your wife.
And we thank you for your public service. And you may be assured that the committee, on both sides, and all of the balance of our 100 senators will give very, very careful consideration to the president's nomination of you for the Supreme Court.
We will recess now, and we will resume at -- it's uncertain how long our session will be, so we'll resume at 2:30. And we will begin with a report from the American Bar Association, and then we'll move to witnesses from the Court of Appeals for the 3rd Circuit.
LEAHY: But now we're going to the closed session.
SPECTER: But now we're going to the committee hearing room, Dirksen 226, for an executive session.
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