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 Topic: Submitting the EEOC Memo

 Senator: Kennedy

 Date: SEPTEMBER 15, 2005

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SPECTER: As I said when Senator Kennedy was questioning you about the EEOC, I did not want to take his time to have him present the memo to you, limited time that he had. And it's been made a part of the record.

Senator Kennedy, if you would make the memo available now to -- Senator Kennedy, if I could have your attention?

KENNEDY: Yes, excuse me.

SPECTER: If you'd make the memo available to Judge Roberts now so that he can comment now without having taken your time to do that.

KENNEDY: Mr. Chairman?

SPECTER: Senator Kennedy?

KENNEDY: As you know, this has been redacted. And as I think in fairness to him, in fairness to the committee, if we can get out the other redactions, it will be a more accurate kind of complete record.

SPECTER: Well, if it's possible for Judge Roberts to deal with the redactions...

ROBERTS: I think the redactions simply identify the individual, who was making the compliant who had his case.

The only thing I would emphasize is that the language that was quoted was part of a sentence. And the question of what the truth of the matter is referring to goes to the first part of the sentence that was not read, which is the assertion, the assertion that the president promised to abolish the EEOC. That was the matter that I could not determine in the time available whether that was correct or not.

So I said "the truth of that matter notwithstanding."

And I also emphasize that any reference to the phrase "unAmerican" is always in quotes to make it clear that that's what the writer of the letter said and certainly not what I said and it was certainly not my view then or now.

SPECTER: Senator Kennedy, do you want to follow up on that?

KENNEDY: Well, I think we've been over the -- after all is said and done about finding out what President Reagan wanted to abolish or not abolish, it really wasn't the issue or the question.

And the question isn't about whether the use of the "unAmerican" is obviously unacceptable. And they're dismissing that.

But Judge Roberts said, "The assertion the EEOC is 'unAmerican,'" quote, and he's quite right saying that they were dismissing that word. But then he adds, "the truth of the matter notwithstanding."

I think it's not unreasonable to assume that he somehow was disparaging the EEOC. That's all.

I'm glad to let the record stand, Mr. Chairman.

SPECTER: Any counter-reply?

ROBERTS: Well, I'm glad to let the record stand just as long as the whole memorandum and the entire sentence that's being discussed is in the record.

SPECTER: We've finally come to one point of agreement.

(LAUGHTER)

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