1 00:00:00,040 --> 00:00:01,760 Speaker 1: We are going to turn to the history that is 2 00:00:01,760 --> 00:00:04,080 Speaker 1: happening right now in the U. S. Senate, where Republicans 3 00:00:04,120 --> 00:00:07,320 Speaker 1: have approved what everyone is calling the nuclear option. It 4 00:00:07,400 --> 00:00:09,959 Speaker 1: clears the way for Neil Gorsuch to be confirmed to 5 00:00:10,000 --> 00:00:12,720 Speaker 1: the Supreme Court with only a simple majority of fifty 6 00:00:12,720 --> 00:00:16,400 Speaker 1: one votes. That means the Senate fifty two Republicans don't 7 00:00:16,400 --> 00:00:19,400 Speaker 1: need any Democratic support, although they may get a handful 8 00:00:19,440 --> 00:00:22,320 Speaker 1: of votes uh to fill the vacancy that has been 9 00:00:22,400 --> 00:00:26,000 Speaker 1: on the court since Anton and Scalia died in February 10 00:00:26,160 --> 00:00:30,560 Speaker 1: last year. With me here in the Bloomberg studio to 11 00:00:30,760 --> 00:00:34,360 Speaker 1: talk about this is Bloomberg Congressional team leader Kevin Whitelaw. 12 00:00:34,440 --> 00:00:37,519 Speaker 1: He's also my boss. Uh, Kevin, thanks for making the 13 00:00:37,560 --> 00:00:40,080 Speaker 1: time to come over here. Um, can you just walk 14 00:00:40,159 --> 00:00:43,120 Speaker 1: us through what has happened today and then and then 15 00:00:43,120 --> 00:00:46,680 Speaker 1: what will happen with the vote tomorrow? Wells have been 16 00:00:46,720 --> 00:00:50,920 Speaker 1: pretty widely telegraphed. W We're basically looking at a pretty 17 00:00:50,920 --> 00:00:54,760 Speaker 1: big historic move where the where the Democrats did vote 18 00:00:54,760 --> 00:00:57,560 Speaker 1: as expected to try to block the nomination, and uh, 19 00:00:57,720 --> 00:01:01,520 Speaker 1: Mitch McConnell, a Republican leader, made a series of motions 20 00:01:01,560 --> 00:01:05,440 Speaker 1: that resulted in Republicans voting to change the Senate rules. 21 00:01:05,440 --> 00:01:07,920 Speaker 1: So this follows on a change the Democrats themselves made 22 00:01:07,920 --> 00:01:11,160 Speaker 1: back in to change the rules for all the nominees 23 00:01:11,280 --> 00:01:14,800 Speaker 1: except for Supreme Court nominations. UH. That's basically was to 24 00:01:14,840 --> 00:01:17,480 Speaker 1: take away the ability of of h take away the 25 00:01:17,480 --> 00:01:20,440 Speaker 1: need for a sixty vote threshold to to to advance 26 00:01:20,680 --> 00:01:23,200 Speaker 1: before you could get a formal final vote. It's called 27 00:01:23,200 --> 00:01:26,240 Speaker 1: the filibuster. That margin was taken down to fifty. It's 28 00:01:26,240 --> 00:01:28,440 Speaker 1: been now taken out of fifty for all nominees, including 29 00:01:28,440 --> 00:01:31,520 Speaker 1: the Supreme Court. UH. And so Senate's going to go 30 00:01:31,600 --> 00:01:34,520 Speaker 1: into it's likely another sort of shutdown mode in terms 31 00:01:34,560 --> 00:01:36,640 Speaker 1: of of things grinding to a halt, a lot of 32 00:01:37,080 --> 00:01:39,800 Speaker 1: a lot of partisan name calling and a fair amount 33 00:01:39,800 --> 00:01:41,959 Speaker 1: of fallout on that front. But it will mean that, 34 00:01:42,040 --> 00:01:46,559 Speaker 1: you know, Garcage will become another sprint sprint Court justice, 35 00:01:46,560 --> 00:01:49,040 Speaker 1: filling out the court to nine. Uh. And that formal 36 00:01:49,120 --> 00:01:53,480 Speaker 1: vote actually to confirm him, we're expecting on Friday, And 37 00:01:53,920 --> 00:01:55,680 Speaker 1: this is not a total party line vote. How many 38 00:01:55,720 --> 00:01:59,160 Speaker 1: Democrats do we expect will ultimately vote for Neil Garcage. Well, 39 00:01:59,160 --> 00:02:01,040 Speaker 1: there were four Democrat who voted to go ahead, and 40 00:02:01,080 --> 00:02:03,680 Speaker 1: advance him. So we'll see in the end how they 41 00:02:03,840 --> 00:02:07,440 Speaker 1: respond uh tomorrow. But there were several Democrats that did 42 00:02:07,480 --> 00:02:10,520 Speaker 1: go ahead with the notion to have cloture Um at 43 00:02:10,560 --> 00:02:12,200 Speaker 1: least one of them. We think we're we're going to 44 00:02:12,280 --> 00:02:14,120 Speaker 1: advance him, but then not actually support him in the end. 45 00:02:14,200 --> 00:02:16,720 Speaker 1: So we'll see the exact number tomorrow when it comes. 46 00:02:16,720 --> 00:02:18,480 Speaker 1: So it's not it will not be a party line vote. 47 00:02:18,480 --> 00:02:20,079 Speaker 1: There will be two or three Democrats at least we 48 00:02:20,120 --> 00:02:23,679 Speaker 1: expect to vote with the majority of republic With every 49 00:02:23,720 --> 00:02:26,320 Speaker 1: Republican pretty much everyone in the Senator is saying how 50 00:02:26,360 --> 00:02:30,560 Speaker 1: much they regret what is happening. Now, Democrats didn't have 51 00:02:30,760 --> 00:02:32,799 Speaker 1: you know, they could have pulled their punches and not 52 00:02:33,000 --> 00:02:36,400 Speaker 1: made this happen. Why did they feel like they needed 53 00:02:36,400 --> 00:02:38,480 Speaker 1: to do this even though the result was going to 54 00:02:38,520 --> 00:02:39,920 Speaker 1: be the same. And Neil Gors which is still in 55 00:02:39,919 --> 00:02:41,920 Speaker 1: the Supreme going on the Supreme Court. Well, you know, 56 00:02:42,480 --> 00:02:45,000 Speaker 1: Democrats said they regret this, Republicans said they regret it. 57 00:02:45,040 --> 00:02:47,800 Speaker 1: But you're right, Democrats could have taken another path. Republicans 58 00:02:47,800 --> 00:02:49,880 Speaker 1: could also have taken another path. Let's be clear that 59 00:02:49,960 --> 00:02:53,480 Speaker 1: both sides are are full complicit players. They knew exactly 60 00:02:53,520 --> 00:02:55,000 Speaker 1: what was going to happen, and they went ahead and 61 00:02:55,040 --> 00:02:58,120 Speaker 1: did it. So, um, I think for for UH and 62 00:02:58,360 --> 00:03:00,480 Speaker 1: what that tells you is, frankly, both saw are playing 63 00:03:00,520 --> 00:03:03,560 Speaker 1: to their basis here. The Republicans absolutely we're going to 64 00:03:03,639 --> 00:03:06,720 Speaker 1: confirm the Neo Garca no matter what in the Republic 65 00:03:06,760 --> 00:03:08,680 Speaker 1: and the Democrats really felt they needed to do anything 66 00:03:08,720 --> 00:03:12,320 Speaker 1: they could to block it given um, particularly how President 67 00:03:12,360 --> 00:03:16,720 Speaker 1: Obama's UH final nominee to the Supreme Court, Merrick Garland, 68 00:03:16,840 --> 00:03:19,440 Speaker 1: was blocked for a year by Republicans. So you had 69 00:03:19,440 --> 00:03:21,960 Speaker 1: this sign where both sides are playing to their base. Um. 70 00:03:22,360 --> 00:03:24,440 Speaker 1: But yeah, but every side that this is a really bad, 71 00:03:24,520 --> 00:03:27,680 Speaker 1: bad outcome. I don't think the politically though, it actually 72 00:03:27,720 --> 00:03:31,040 Speaker 1: does make perverse logics. Some have argued, and I think 73 00:03:31,080 --> 00:03:33,079 Speaker 1: I've even argued that the Democrats might have been better 74 00:03:33,120 --> 00:03:36,520 Speaker 1: off saving the filibuster for the next Supreme Court nomination, 75 00:03:36,560 --> 00:03:38,920 Speaker 1: which could really swing the court. What's what's your take 76 00:03:38,960 --> 00:03:41,600 Speaker 1: on that? Yeah, I think this is a really tough question. 77 00:03:41,640 --> 00:03:44,440 Speaker 1: I think the one of the main arguments for for 78 00:03:44,560 --> 00:03:47,040 Speaker 1: the Democrats and saying that they should have allowed this 79 00:03:47,080 --> 00:03:50,480 Speaker 1: nomination proceived is that this notion of needing sixty votes 80 00:03:50,640 --> 00:03:54,480 Speaker 1: did still, perhaps um sort of helped constrain the choice 81 00:03:54,560 --> 00:03:57,720 Speaker 1: that the president faces when when he or she is 82 00:03:57,720 --> 00:04:00,080 Speaker 1: trying to make a decision about who they nominate the 83 00:04:00,120 --> 00:04:02,080 Speaker 1: first place. Do you take someone who's a little more 84 00:04:02,080 --> 00:04:04,280 Speaker 1: of the mains, a little main you know, someone mainstream 85 00:04:04,320 --> 00:04:06,520 Speaker 1: with sort of the usual qualifications. Do you take someone 86 00:04:06,520 --> 00:04:08,240 Speaker 1: out of the mainstream. Do you take someone who's considered 87 00:04:08,520 --> 00:04:11,520 Speaker 1: even more extreme? So there is a risk that this 88 00:04:11,600 --> 00:04:15,400 Speaker 1: sort of unbounds the president, and in the choice for 89 00:04:15,440 --> 00:04:18,560 Speaker 1: the next nominee, Democrats sort of felt like, you know, 90 00:04:18,560 --> 00:04:20,720 Speaker 1: if they didn't, if they didn't, you know, they were 91 00:04:20,760 --> 00:04:23,039 Speaker 1: gonna change it. Whenever it was blocked, they were going 92 00:04:23,120 --> 00:04:24,560 Speaker 1: to change it, So it didn't really matter. I think 93 00:04:24,640 --> 00:04:28,839 Speaker 1: the problem Democrats faced with this particular move was I 94 00:04:28,880 --> 00:04:32,240 Speaker 1: don't think they actually ended up convincing enough Americans that 95 00:04:32,320 --> 00:04:35,080 Speaker 1: Neil Garca was such a sort of threat to the 96 00:04:35,160 --> 00:04:38,039 Speaker 1: court or a bad pick or unqualified, so that it 97 00:04:38,120 --> 00:04:41,360 Speaker 1: became a kind of groundswell level of fight you had 98 00:04:41,400 --> 00:04:43,920 Speaker 1: over sake Clarence Thomas or you know, or Robert Bourke, 99 00:04:43,960 --> 00:04:46,560 Speaker 1: where you really had a huge ground swell. A lot 100 00:04:46,600 --> 00:04:50,240 Speaker 1: of out there Democrats weren't happy they painted you know, 101 00:04:50,240 --> 00:04:52,520 Speaker 1: Gorcitch is being out of the mainstream. I'm not sure 102 00:04:52,600 --> 00:04:54,800 Speaker 1: that really stuck in the court of public opinion. And 103 00:04:54,800 --> 00:04:56,440 Speaker 1: that may be in partcast of so much else going on. 104 00:04:56,520 --> 00:04:58,840 Speaker 1: We only have about thirty seconds, but very quickly. Uh, 105 00:04:58,920 --> 00:05:01,119 Speaker 1: is this going to stop with the filibuster of Supreme 106 00:05:01,160 --> 00:05:03,359 Speaker 1: Court nominees or is it there the possibility that the 107 00:05:03,400 --> 00:05:07,400 Speaker 1: Republicans will go nuclear on the filibuster for legislation as well. Yeah, 108 00:05:07,400 --> 00:05:09,160 Speaker 1: And that's the thing that would really change the way 109 00:05:09,200 --> 00:05:10,680 Speaker 1: the Senate works, in the way this town works, is 110 00:05:10,680 --> 00:05:13,320 Speaker 1: if they get rid of that sixty vote threshold for legislation. 111 00:05:13,680 --> 00:05:17,600 Speaker 1: At this point, most Republicans, including Mitch McConnell, have said, no, 112 00:05:17,839 --> 00:05:19,560 Speaker 1: there's not the support to change it. They don't want 113 00:05:19,600 --> 00:05:21,000 Speaker 1: to do it. That's not going to do it. That 114 00:05:21,000 --> 00:05:22,839 Speaker 1: would just make the Senate just like the House. So 115 00:05:22,880 --> 00:05:25,719 Speaker 1: why have it? Um But the pressure could build, and 116 00:05:25,760 --> 00:05:27,719 Speaker 1: depending on what the President wants to do over the 117 00:05:27,720 --> 00:05:29,800 Speaker 1: next couple of years and how much the Senate frustrates 118 00:05:29,839 --> 00:05:31,720 Speaker 1: his ability to do that, there could be a ton 119 00:05:31,720 --> 00:05:33,760 Speaker 1: of pressure coming on down from the White House. Okay, 120 00:05:33,800 --> 00:05:36,360 Speaker 1: thanks very much, Kevin Whitelaw, Congressional team leader here for 121 00:05:36,400 --> 00:05:39,760 Speaker 1: Bloomberg News, talking about the Neil Gorcers domination and the 122 00:05:39,800 --> 00:05:44,240 Speaker 1: expected confirmation tomorrow, probably tomorrow after, late tomorrow afternoon or 123 00:05:44,240 --> 00:05:46,640 Speaker 1: maybe even the evening. Uh. Coming up, we're gonna talk 124 00:05:46,680 --> 00:05:49,240 Speaker 1: about some acquittals on lib orary manipulation. That's a trial 125 00:05:49,320 --> 00:05:51,760 Speaker 1: that went on in London. That's coming up on Bloomberg 126 00:05:51,839 --> 00:05:52,039 Speaker 1: Law