WEBVTT - McConnell Moves Forward with Judicial Nominations (Audio)

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<v Speaker 1>Get ready for a whirlwind of judicial confirmations this week.

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<v Speaker 1>Under pressure from Republicans in the prospect of ads running

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<v Speaker 1>against him, Senate Majority Leader Mitch McConnell is ramping up

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<v Speaker 1>confirmations this week. He set up votes for four nominees

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<v Speaker 1>to the federal appellate courts less than two weeks ago.

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<v Speaker 1>At a press conference in the Rose Garden, President Trump

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<v Speaker 1>complained that the Democrats were holding up votes on his

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<v Speaker 1>judicial nominees, but he bragged about the number of judges

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<v Speaker 1>he's had confirmed. They are obstructing, they're doing. It's really

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<v Speaker 1>what I'm telling you. They're not good politicians, but they're

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<v Speaker 1>very good at obstruction. Something that people aren't talking about

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<v Speaker 1>is how many judges we've had approved, whether it be

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<v Speaker 1>the Court of Appeals, circuit judges, whether it be district judges.

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<v Speaker 1>Nine of Trump's judicial nominees, including Supreme Court Justice Neil Gorstch,

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<v Speaker 1>have been confirmed by the Senate. At the same time,

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<v Speaker 1>during his administration, President Obama had five judicial nominees, including

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<v Speaker 1>Supreme Court Justice Sonya Sotomayor, confirmed, joining us as Carl

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<v Speaker 1>Tobio S Professor at the Union University of Richmond School

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<v Speaker 1>of Law and an expert on judicial nominations, Carl in

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<v Speaker 1>one week votes on four nominees to the federal courts

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<v Speaker 1>of appeals. That's one level below the Supreme Court. How

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<v Speaker 1>fast is that? It's very fast? Um, way ahead of

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<v Speaker 1>I think Obama and Bush. Um. And it's it's important

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<v Speaker 1>to remember. And I think Senator fine Signed, a ranking

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<v Speaker 1>member on Senate Judiciary Committee, said and criticized moving nominees

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<v Speaker 1>that quickly. I think the Democrats never did that, undrew Obama. Uh.

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<v Speaker 1>In terms of stacking so many in one week, it's

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<v Speaker 1>very difficult to prepare, as she said, Um for that

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<v Speaker 1>many nominees study their records and be ready to actually

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<v Speaker 1>debate it in a substantive manner when you have all

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<v Speaker 1>of those in one week, Carl, taken as a group,

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<v Speaker 1>how would you characterize Donald Trump's nominees? Maybe let's just

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<v Speaker 1>start with the appeals court level. How conservative are these

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<v Speaker 1>people that he is putting up there? Well, I think

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<v Speaker 1>they are very conservative. I don't think there's much question

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<v Speaker 1>about that in a number of them. Of course, we're

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<v Speaker 1>recommended or even compiled um by the Federalist Society and

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<v Speaker 1>Heritage Foundation for the initial group of twenty from whom

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<v Speaker 1>Justice Coursage was selected. Uh. Many of those have been

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<v Speaker 1>nominated now to the appeals courts. Uh. They're very conservative,

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<v Speaker 1>but most of them are very well qualified as well,

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<v Speaker 1>except for one. Uh we just found out yesterday who

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<v Speaker 1>received a unanimously not qualified rating by the American Bar Association.

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<v Speaker 1>Which judge is that or which perspective judge? It's Steve

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<v Speaker 1>graz who is from Nebraska, nominated to the A Circuit

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<v Speaker 1>and he has a hearing tomorrow. UH, and we'll see

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<v Speaker 1>how that goes. To Carl, talk about the two nominees

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<v Speaker 1>that were subjected to intense criticism by Senate Democrats. One,

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<v Speaker 1>Amy Coney Barrett is on track to be confirmed today

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<v Speaker 1>to the U. S. Court of Appeals for the Seventh Circuit.

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<v Speaker 1>Tell us what the objections were. Uh. I think the

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<v Speaker 1>objections were that she had not had any appellate experience

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<v Speaker 1>UM as a lawyer. Uh. And there were concerns about

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<v Speaker 1>questions that she might not be unbiased on certain questions UM.

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<v Speaker 1>And there was some questioning in the Judiciary committee about

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<v Speaker 1>whether she could put aside her her faith. I think

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<v Speaker 1>was away. It was phrased, and I think it was

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<v Speaker 1>awkwardly asked by a couple of senators. UM, and someone

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<v Speaker 1>said that's a religious test. I don't think that was

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<v Speaker 1>what anybody had in mind. UM. But she has um

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<v Speaker 1>a very strong record of scholarship, and I think she

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<v Speaker 1>handled the questions very well in her hearing. So I expect,

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<v Speaker 1>as you suggest, that she will be confirmed. She had

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<v Speaker 1>a cloture vote yesterday, and UH is on track, as

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<v Speaker 1>you suggest, for confirmation today or tomorrow, Carl. The Alliance

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<v Speaker 1>for Justice, which is a liberal group, put out a

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<v Speaker 1>statement yesterday that said that because of all the Russia investigation,

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<v Speaker 1>because of questions about whether the Trump campaign was involved

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<v Speaker 1>in collusion with with the Russian government in the campaign,

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<v Speaker 1>the group said, this is no time for lifetime appointments

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<v Speaker 1>to the bench. Is there something to that? Is there?

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<v Speaker 1>If we get to the point where there are, um,

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<v Speaker 1>you know, real questions about either this president's legitimacy or

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<v Speaker 1>you know, whether impeachment might be around the corner, our

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<v Speaker 1>democrats justified in taking that into account in really trying

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<v Speaker 1>to slow down judicial nominations. Well, I don't think we're

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<v Speaker 1>there yet. I didn't. If we get to that point, UM,

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<v Speaker 1>people need to discuss it and debate it. But I

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<v Speaker 1>think as long as the Republicans have a majority, they're

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<v Speaker 1>not likely uh to do very much about that. Um.

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<v Speaker 1>And it does seem rush this week, to be sure,

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<v Speaker 1>in terms of stacking the four in one week, I

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<v Speaker 1>don't think there's any question about that Republican. Has anyone

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<v Speaker 1>has McConnell addressed the fact that he held up there?

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<v Speaker 1>They're blaming the Democrats for holding these up. He held

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<v Speaker 1>up and killed Merrick Garland's nomination to the Supreme Court. Well,

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<v Speaker 1>amaze the people like Amy Coney Barrett are nominated for

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<v Speaker 1>seats that very highly qualified Obama nominees were nominated for

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<v Speaker 1>and had no hearing because they were blue slipped by

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<v Speaker 1>Republican home stage senators. Uh. And McConnell was the foremost

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<v Speaker 1>leader of that group. Uh. So that's I think the

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<v Speaker 1>fact that we all know Carl only about thirty seconds left.

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<v Speaker 1>But should we be concerned that the president has firmed

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<v Speaker 1>out so much of the process of selecting these prospective

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<v Speaker 1>judges to the Federalist Society and other conservatives, Well, I

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<v Speaker 1>think it is a real question. Um. It seems to

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<v Speaker 1>me it ought to be done in the White House

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<v Speaker 1>completely by the White House, Uh, not by interest groups

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<v Speaker 1>of any sort. So I think that's unfortunate. I think

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<v Speaker 1>it's also unfortunate that McConnell seems pressed by the threat

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<v Speaker 1>that judicial confermation network or run ads. Again, Tim, that

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<v Speaker 1>doesn't seem like a very good way to run the government.

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<v Speaker 1>Thanks so much for being here, Carl. As always, that's

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<v Speaker 1>Carl Tobias, professor at the University of Richmond School of Law.

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<v Speaker 1>That's it for this edition of Bloomberg Long. We'll be

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<v Speaker 1>back tomorrow one pm Wall Street Time. Hope you'll be

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<v Speaker 1>as well. Thanks to our producer David Suckerman and our

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<v Speaker 1>technical director Chris try Comey. Coming up next Bloomberg Markets

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<v Speaker 1>with Carol Master and Corey Johnson. Carol's here to tell

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<v Speaker 1>us what's the top thing on their agenda. So June,

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<v Speaker 1>you've heard of Google, You've heard of Facebook, you've heard

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<v Speaker 1>of Twitter. Well, representatives from those big tech companies they're

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<v Speaker 1>testifying for Congress on the extent of Russian influence on

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<v Speaker 1>their networks and in in the election. So I'm gonna be

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<v Speaker 1>covering that. I'll be listening to that for sure. That's

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<v Speaker 1>coming up next on Bloomberg