Roundup

TPMDC Morning Roundup

Eric Kleefeld | November 16, 2009, 9:01AM

Today: Palin On Oprah Winfrey
Sarah Palin's interview on the Oprah Winfrey show will be broadcast today. The interview was taped last week, and kicks off Palin's media tour for her new book, Going Rogue.

Obama's Day In China
President Obama visited U.S. Consulate employees and their families in Shanghai, China, at 10:20 a.m. local time (9:20 p.m. ET last night). He met at 11 a.m. local time with Party Secretary Yu Zheng Sheng and Shanghai Mayor Han Zheng, with a working lunch at 11:30 a.m. local time. He held a town hall meeting with Chinese leaders at 12:45 p.m. local time. He departed Shanghai at 2:40 p.m., arriving in Beijing at 4:50 p.m. He arrived at the Diaoyutai State Guest House at 6:30 p.m., and was greeted by President Hu Jintao. The two held a bilateral meeting at 6:35 p.m, and had dinner at 7 p.m.

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Sonia Sotomayor

Sotomayor Vote Delayed Until July 28

Rachel Slajda | July 21, 2009, 11:45AM

The Senate Judiciary Committee will vote on Sonia Sotomayor's confirmation to the Supreme Court on July 28, a week from today. The vote was originally scheduled for today, but Chairman Patrick Leahy (D-VT) granted a delay request made by Republicans.

Leahy reportedly said he was disappointed in the stall, but still expects her to be on the bench for the Supreme Court's fall session. Sen. Jeff Sessions, the committee's ranking Republican, said he expects Sotomayor to be confirmed by early August.

In other news, Republican Sen. Susan Collins of Maine has announced she will vote for Sotomayor's confirmation. She is the fourth Republican to do so, after Olympia Snowe, Richard Lugar and Mel Martinez.

Jeff Sessions

Sessions to Sotomayor: I Will Not Support A Filibuster Of Your Nomination

Brian Beutler | July 16, 2009, 3:32PM

Earlier today, Sen. Jeff Sessions (R-AL), ranking member of the Senate Judiciary Committee, made it pretty clear that Supreme Court nominee Sonia Sotomayor will not be filibustered.

"I will not support--and I don't think any member of this side will support--a filibuster or any attempt to block a vote on your nomination."

That's even farther than Sen. John Cornyn (R-TX) was willing to go yesterday. Obviously other senators will do what they'll do, but it seems that, despite all the flame throwing, if Sessions has his way, Sotomayor will be confirmed before the August recess.

John McCain

TPMDC Sunday Roundup

Eric Kleefeld | July 12, 2009, 1:20PM

Palin Plans To Stay Involved In Politics
Gov. Sarah Palin (R-AK) told the Washington Times that she'll be staying involved in politics: "I will go around the country on behalf of candidates who believe in the right things, regardless of their party label or affiliation." She did not rule out a presidential campaign in the future. "I'm not ruling out anything - it is the way I have lived my life from the youngest age," she said. "Let me peek out there and see if there's an open door somewhere. And if there's even a little crack of light, I'll hope to plow through it."

McCain: Palin Will Continue To Be A Major Factor
Appearing on Meet The Press, Sen. John McCain (R-AZ) was asked about Sarah Palin's resignation. "Obviously I was a bit surprised, but I wasn't shocked," said McCain. "I love and respect her and her family, I'm grateful that she agreed to run with me." He added: "I'm confident that she will be a major factor in the national scene and in Alaska as well."

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Sonia Sotomayor

Puerto Rican Legal Organization Smacks Down Republican 'Guilt By Association' Attacks

Brian Beutler | July 8, 2009, 11:47AM

Last week, we noted that conservatives were mining hundreds of pages of documents, released by LatinoJustice PRLDEF (formerly the Puerto Rican Legal Defense and Education Fund), related to Supreme Court nominee Sonia Sotomayor's tenure on the organization's board of directors.

Sotomayor's opponents have sought to tie the group's legal defense of minorities to her decision as a judge on the Second Circuit Court of Appeals in Ricci v. Destefano--a decision conservatives contend was unfair to white people. Of the many problems with that strategy, the biggest is probably that PRLDEF board members don't do litigation. Its leaders made that clear in a letter to Sen. Jeff Sessions (R-AL)--ranking member on the Senate Judiciary Committee--who's been the most prominent Republican to object to Sotomayor's affiliation with the organization.

"Neither the Board as a whole nor any individual member selects litigation to be undertaken or controls ongoing litigation," the letter reads.

In fact, ABA Model Code 6.03 provides that Board members have no attorney-client relationship with the clients of a legal services organization and therefore do not control the activities of staff lawyers in individual cases. The Board's role is thus limited to overall policy questions such as whether to emphasize employment, housing, or education. Operational decisions were and are appropriately delegated to the organization's President and General Counsel; the President reported generally on the organization's docket at Board meetings. Judge Sotomayor, and the full Board, understood their advisory role and did not step outside of that role. Understanding this factual context, we hope you will see that your description that "Judge Sotomayor served in senior leadership roles" at PRLDEF is a mischaracterization.

You can read the letter in full here. Democrats will cite it on the Senate floor today, in advance of Sotomayor's confirmation hearings, which begin next week.

Al Franken

TPMDC Morning Roundup

Eric Kleefeld | July 7, 2009, 9:00AM

Franken Being Sworn In Today
Sen.-elect Al Franken (D-MN) will be sworn into office today by Vice President Biden, at about noon. This ends a Senate race that lasted eight months beyond Election Day itself, and involved six months of litigation after the State Canvassing Board had completed the recount. Franken will take office six months plus one day after he would have been sworn in with the other Senators who were elected in 2008, if not for the sheer closeness of his race and the resulting litigation.

Obama's Day In Russia
President Obama had a working breakfast in Moscow with Russian Prime Minister Vladimir Putin, at 1 a.m. ET (9 a.m. local time). At 3 a.m. ET, he met with former President Mikhail Gorbachev. AT 3:15 a.m. ET, he delivered the commencement address for the 2009 graduation of the New Economic School. At 5:40 a.m. ET, he met one-on-one with President Dmitry Medvedev, and he and First Lady Michelle Obama attended a reception hosted by Medvedev at 6:10 a.m. ET. At 7:25 a.m. ET, Obama and Medvedev met with the Parallel Business Summit, and Obama met with the Parallel Civil Society Summit at 8:20 a.m. ET. AT 9:35 a.m ET, Obama will meet with Russian opposition leaders.

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Supreme Court

In Response To GOP Allegations Of Racial Extremism Judiciary Committee Releases More Sotomayor Documents

Brian Beutler | July 3, 2009, 5:58PM

The Senate Judiciary Committee has posted documents to its website relating to Judge Sonia Sotomayor's tenure on the board of a group called LatinoJustice PRLDEF (formerly the Puerto Rican Legal Defense and Education Fund).

The release comes on a holiday Friday after the committee's ranking member, Sen Jeff Sessions (R-AL) called the group "extreme" and demanded the White House release them.

Yesterday, White House Counsel Greg Craig sent a letter to Sessions, calling his demands out of line. "You have now individually sought from a third party, LatinoJustice PRLDEF...documents that were not written, edited, reviewed, or approved by Judge Sotomayor," Craig wrote.

The documents you are now seeking are not relevant to her nomination, just as similar documents not written, edited, or approved by past nominees have not been viewed as relevant to the Committee's consideration of those nominees.

Anti-Sotomayor groups are no doubt poring over the memos, looking for controversial details, and, though the White House is quick to point out that Sotomayor isn't responsible for them, their timing and defensiveness indicates they may be concerned that some of the papers will be politically embarrassing.

Sotomayor's supporters and the White House have compared LatinoJustice PRLDEF to the NAACP Legal Fund and similar groups. For his part, Sessions once called the NAACP "un-American."

Mark Sanford

TPMDC Morning Roundup

Eric Kleefeld | July 3, 2009, 8:59AM

Sanford's Book Deal Falls Through
Gov. Mark Sanford's (R-SC) book publisher, Sentinel, has released him from his contract. Sanford had been set to write a book on fiscal conservatism, entitled Within Our Means, to be released in March 2010. However, the deal fell through after Sanford got in trouble for disappearing to Argentina to visit his mistress, and he and publisher have agreed to part ways.

Obama At Camp David Today
President Obama has no public events scheduled, but is spending the day at Camp David. He will return to the White House tomorrow.

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Jeff Sessions

Sessions: We Will Question Sotomayor on Ricci Case

Rachel Slajda | June 30, 2009, 10:06AM

Sen. Jeff Sessions (R-AL), the ranking GOP member on the Judiciary Committee, said yesterday that the New Haven firefighters case will come up at Sonia Sotomayor's confirmation hearing.

This case sharpens our focus on Judge Sotomayor's troubling speeches and writings, which indicate...that personal experiences and political views should influence a judge's decision. That theory is a breathtaking departure from the proper role of the American judge and will clearly be the subject of questioning at the upcoming hearing.

This case will only raise more questions in the minds of the American people concerning Judge Sotomayor's commitment to treat each individual fairly and not as a member of a group.

Barack Obama

TPMDC Saturday Roundup

Eric Kleefeld | June 6, 2009, 1:03PM

Obama YouTube: Health Care Must Be Fixed
In his weekly Presidential YouTube Address, President Obama discussed his proposals for health care -- and the urgency to get a new reform bill passed:

"Simply put, the status quo is broken. We cannot continue this way," said Obama. "If we do nothing, everyone's health care will be put in jeopardy. Within a decade, we'll spend one dollar out of every five we earn on health care - and we'll keep getting less for our money. That's why fixing what's wrong with our health care system is no longer a luxury we hope to achieve - it's a necessity we cannot postpone any longer."

Sessions Decries "Empathy Standard" For Judges
In this weekend's Republican YouTube, Sen. Jeff Sessions (R-AL), the lead Republican on the Senate Judiciary Committee, discussed the pending nomination of Sonia Sotomayor to the Supreme Court -- and warned against an "empathy standard" in law:

"I hope that the American people will engage in this nomination process and follow it closely. They should learn about the issues, and listen to both sides of the argument. And, at the end of the day, ask: 'If I must one day go to court, what kind of judge do I want to hear my case?" said Sessions. "'Do I want a judge that allows his or her social, political, or religious views to impact the outcome? Or, do I want a judge that objectively applies the law to the facts, and fairly rules on the merits?' That is the central question around which this entire nomination process will revolve."

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Jeff Sessions

Sessions: I'm Very Glad Gingrich Backed Off (Note: Gingrich Didn't Back Off)

Eric Kleefeld | June 3, 2009, 11:38AM

The GOP seems to be consolidating around a message of contrition for calling Sonia Sotomayor a racist, recognizing just how politically self-defeating it's been -- even if the retractions aren't exactly genuine.

Sen. Jeff Sessions (R-AL) spoke to CNN's Dana Bash, who asked him about the alleged walk-back by Newt Gingrich:

"I'm very glad he backed off. I think that's unusual, that commentators do that, and I think it was very good that he did," said Sessions. "I think that will help - help us. I think that will help us have a real good discussion about the serious issues that the nation faces and that the court faces. And there's some disagreements about that."

The thing is, as I've pointed out, Gingrich is very clearly not backing off, if one simply reads his new post beyond the first few paragraphs. Instead, he's talking out of both sides of his mouth by saying he shouldn't have called Sotomayor a racist -- and then haranguing her for making decisions based on race, and repeating this refrain: "You Read, You Decide."

Jeff Sessions

Sessions Calls For Sotomayor Confirmation Hearings To Be Pushed Into September

Eric Kleefeld | June 2, 2009, 1:28PM

Sen. Jeff Sessions (R-AL), the head Republican on the Senate Judiciary Committee, just spoke to reporters and said that Sonia Sotomayor's confirmation hearings should be held in September -- that is, three months or more from now.

Sessions said that Sotomayor has had 4,000 cases as part of her 17-year record, that this whole record must be held up to review, and the process should not be rushed.

Said Sessions: "We've got until October 7, I believe, or the fifth, for the nominee to take office."

As I've previously pointed out, Republican calls for September hearings would take this process well beyond the timeframe that John Roberts and Samuel Alito both had for their confirmations -- which by themselves took place under complicated and convoluted circumstances.

Sonia Sotomayor

TPMDC Sunday Roundup

Eric Kleefeld | May 31, 2009, 1:00PM

Cornyn Not Ruling Out Filibuster Against Sotomayor
Appearing on ABC's This Week, Sen. John Cornyn (R-TX) would not rule out a filibuster against the Sotomayor nomination. "I'm not willing to judge one way or the other, George [Stephanopoulos]," said Cornyn, "because frankly, we need to not prejudge, not pre-confirm, and to give Judge Sotomayor the fair hearing that Miguel Estrada, and, indeed, Clarence Thomas were denied by our friends on the other side of the aisle."

Rove: Bush Appreciates Cheney's "Forthright Defense"
Karl Rove told the Politico that former President George W. Bush -- who has publicly said he won't criticize President Obama -- privately appreciates the role that former Vice President Dick Cheney has taken on. "I know President Bush and Vice President Cheney talk with regularity," said Rove. "I know the former president appreciates Dick's forthright defense of the administration's polices. And I know Vice President Cheney understands the special role that the former president occupies."

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Barack Obama

TPMDC Saturday Roundup

Eric Kleefeld | May 30, 2009, 1:04PM

Obama Praises Sotomayor -- And Dismisses Criticism -- In YouTube Address
In this week's Presidential YouTube Address, President Obama discussed his nomination of Sonia Sotomayor to the Supreme Court, praising her qualifications -- and rebutting the critics:

"There are, of course, some in Washington who are attempting to draw old battle lines and playing the usual political games, pulling a few comments out of context to paint a distorted picture of Judge Sotomayor's record," said Obama. "But I am confident that these efforts will fail; because Judge Sotomayor's seventeen-year record on the bench - hundreds of judicial decisions that every American can read for him or herself - speak far louder than any attack; her record makes clear that she is fair, unbiased, and dedicated to the rule of law."

RNC Address: Daniels Blasts "Imperialistic" Cap And Trade Proposal
In this weekend's Republican address, Indiana Gov. Mitch Daniels blasted President Obama and Speaker Nancy Pelosi for supporting cap and trade:

"It's become clear that the Pelosi bill has little to do with a cooler planet and everything to do with raising money for the out-of-control federal spending now underway in Washington," said Daniels. "Please excuse us Midwesterners for feeling a bit like the targets of an imperialistic policy, devised in places like California, New York, and Massachusetts for their benefit, at our expense."

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Jeff Sessions

Sessions: "I Don't Sense A Filibuster In The Works"

Eric Kleefeld | May 27, 2009, 11:34AM

Sen. Jeff Sessions (R-AL), the ranking Republican on the Judiciary Committee, is busy playing down the expectations for any GOP resistance to the Sotomayor nomination.

Sessions appeared on the Today show, and said that Sotomayor "has serious problems." And he urged against rushing through to a confirmation. "But I would think that we would all have a good hearing, take our time, and do it right," he said. "And then the senators cast their vote up or down based on whether or not they think this is the kind of judge that should be on the court."

However, he also added: "I don't sense a filibuster in the works."

Jeff Sessions

Sessions: Examination Of 'Ms. Sotomayor' Will Take Time

Brian Beutler | May 26, 2009, 4:08PM

Sen. Jeff Sessions (R-AL), the ranking member of the Senate Judiciary Committee, has some thoughts on Sotomayor, too. "Of primary importance," he says, "we must determine if Ms. Sotomayor understands that the proper role of a judge is to act as a neutral umpire of the law, calling balls and strikes fairly without regard to one's own personal preferences or political views."

Pretty standard stuff. But then he warns that the confirmation process might last beyond the fall, when the Supreme Court begins its next term.

President Obama has stated his desire to have a full court seated at the start of its next term, a reasonable goal toward which the Judiciary Committee should responsibly and diligently move. But we must remember that a Supreme Court justice sits for a lifetime appointment, and the Senate hearing is the only opportunity for the American people to engage in the nomination process. Adequate preparation will take time. I will insist that, consistent with recent confirmation processes, every senator be accorded the opportunity to prepare, ask questions, and receive full and complete answers.

That's not outrageous, but it should be noted that the confirmation processes for Justices Roberts and Alito lasted about two and three months respectively. If that's the window Sessions has in mind, I'm sure Judge Sotomayor would be much obliged.

Late update: Just as a point of reference, when Roberts and Alito were under consideration in the Senate, Sessions took care to refer to both men as judges in his press releases.

Jeff Sessions

Sessions Aide Compares Gay Marriage To Pedophilia, Bestiality

Brian Beutler | May 19, 2009, 2:32PM

Last week, I noted that Sen. Jeff Sessions (R-AL), the Republicans' brand new Judiciary Committee ranking member, is bringing an almost entirely new team of aides along with him to replace many of the staffers who backed up the committee minority when its ranking member was Arlen Specter.

In particular, I highlighted the case of Brian Benczkowski, who, in a previous life, was a key Bush administration figure tasked with covering up corruption in the Justice Department.

It turns out, though, that Benczkowski is just one in a series of elite picks. Among others, he's joined by one William Smith, the panel's new chief Republican counsel, who has a colorful history of his own. For instance, if you're wondering what sort of legal mind Smith brings to the powerful committee, you need look no further than this post, which contains his measured thoughts on Republicans--like former McCain adviser Steve Schmidt--who support gay equality.

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Jeff Sessions

Sessions Hires Torture, Wiretapping, Political Prosecutions Apologist As Key Aide

Brian Beutler | May 14, 2009, 11:44AM

Sen. Jeff Sessions (R-AL) is bringing aboard an almost entirely new staff to back up the minority members on the Judiciary Committee. Among the senior aides is one Brian Benczkowski. Does that name ring a bell?

If it does, you're probably a long time reader of Talking Points Memo, and we salute you. Benczkowski was Principal Deputy Assistant Attorney General under Michael Mukasey, and a key figure working behind the scenes to cover up corruption in the Bush Justice Department.

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Jeff Sessions

Blast From The Past: '80s News Coverage Of Sessions Controversy

Brian Beutler | May 8, 2009, 6:07PM

As we reported earlier this week, Sen. Jeff Sessions (R-AL) was spiked in 1986 from becoming a district court judge by the Republican controlled Senate Judiciary Committee. Sessions was known to be, at least, insensitive to minorities, and his nomination was considered too controversial to advance. Now that he's the ranking member on that very committee, it's news all over again. But it was a big deal then, too. Watch:

Yesterday we obtained over 500 pages of testimony from the 1986 hearings, and are still dutifully scouring them for interesting nuggets.

Jeff Sessions

Sessions Subordinate: I Thought I'd Be Fired If I Objected To Being Called 'Boy'

Brian Beutler and Eric Kleefeld | May 7, 2009, 4:05PM

When it became clear that Sen. Jeff Sessions (R-AL) was poised to become ranking member on the Senate Judiciary Committee, we recalled this 2002 article by Sarah Wildman which addresses some of the controversies that kept Sessions from being confirmed in 1986 as a U.S. District Court judge in Alabama.

Wildman writes in particular that the testimonies of two witnesses--a Justice Department employee named J. Gerald Hebert, and a black Sessions subordinate named Thomas Figures--helped to doom Sessions, then a U.S. Attorney, at his Judiciary Committee confirmation hearings. According to Wildman, Hebert testified reluctantly "that in a conversation between the two men Sessions had labeled the National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU) "un-American" and "Communist-inspired." And Figures--then an assistant U.S. Attorney--told the committee that "during a 1981 murder investigation involving the Ku Klux Klan, Sessions was heard by several colleagues commenting that he 'used to think they [the Klan] were OK' until he found out some of them were 'pot smokers.'"

Today we obtained a copy of the transcript of the Sessions hearings--over 500-pages worth--and it turns out there's quite a bit more. We're still going through it, of course, but the Figures testimony alone contains some damning details.

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Justice Department

Sessions: A Moderate On Judicial Nominees?

Brian Beutler | May 7, 2009, 9:14AM

Sen. Jeff Sessions (R-AL), the freshly minted ranking member on the judiciary committee surprised Neal Cavuto last night by saying he could easily see voting for a pro-choice Supreme Court nominee.

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Jeff Sessions

Grassley: Sessions' Statements--If He Even Made Them--Don't Matter

Brian Beutler | May 5, 2009, 5:36PM

Sen. Chuck Grassley (R-IA), who will in all likelihood take over the Senate Judiciary Committee from Sen. Jeff Sessions (R-AL) in 2011, said earlier today that the Alabama senator's past controversial statements--the NAACP is "un-American," the Klan are "OK" except for their pot smoking, and other gems--won't be of any concern.

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Senate Judiciary Committee

Acquitted Voting Rights Activist: 'Why Would You Promote Sessions?'

Brian Beutler | May 4, 2009, 4:14PM

Back in the spring of 1986, after having successfully appointed scores and scores of conservative judges to serve on courts across the country, President Ronald Reagan went too far. He picked a federal prosecutor to a fill a vacancy on the U.S. District Court in Alabama whose nomination was so controversial that it got quashed by the Republican-controlled Senate Judiciary Committee.

That prosecutor was Jeff Sessions, the senator who, in all likelihood will serve as that committee's most powerful Republican for the next year and a half.

But back to 1986. During the debate over his nomination, committee Democrats questioned Sessions' prosecutorial discretion, focusing in particular on a case he pursued against three Marion, AL civil rights workers--Albert Turner, Turner's wife Evelyn, and Spencer Hogue, Jr.--whom he accused of voter fraud. Sessions was unconcerned with claims of fraud outside the so-called Black Belt, but he alleged that the trio had falsified absentee ballots in Perry County during the 1984 election. After conducting an exhaustive investigation, though, he was able to account for only a small handful of questionable examples, and even those he couldn't pin on his defendants, who were acquitted after only a few hours' deliberation.

Albert Turner--who was an adviser to Martin Luther King, Jr.--passed away in 2000, and his wife could not be immediately located, but Hogue still lives in Marion, and by phone today he expressed his displeasure with the news that Sessions is, in effect, getting a promotion.

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Senate Judiciary Committee

Senator Who Praised Segregationist Judges Will Lead Opposition To Obama Nominees

Brian Beutler | May 4, 2009, 12:43PM

As I noted below, it looks like Sen. Jeff Sessions (R-AL) will be, at least for a time, the ranking member on the Judiciary Committee. That's an interesting role for a man with Sessions'...history. In a 2002 New Republic article, Sarah Wildman detailed the Alabama senator's rise through the ranks of politics in Alabama and in Republican Washington.

Sessions first appeared on the scene in 1986 D.C. when President Ronald Reagan nominated him to serve on the U.S. District Court in Alabama. At the time, the Judiciary Committee was controlled by Republicans, but his appointment nonetheless went absolutely nowhere--a fact that may have had a thing or two to do with stories like this:

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Arlen Specter

Far Right Sen. Sessions To Take Over For Specter On Judiciary Committee...For Now

Brian Beutler | May 4, 2009, 11:25AM

In a grand bargain of sorts for Sen. Chuck Grassley (R-IA), Sen. Jeff Sessions (R-AL) will take over as ranking member on the Judiciary Committee for the remainder of this Congress, and give way in 2011 to the Iowa Republican. According to The Hill, Sessions "will take over the ranking member position on the Senate Judiciary Committee after striking a deal with his more senior colleagues over the weekend."

Under terms of the deal, Sessions will serve as ranking member until the 112th Congress, when he will take over the ranking member post on the Senate Budget Committee. Current Budget Committee ranking member Judd Gregg (R-N.H.) is retiring at the end of the 111th Congress.

Grassley--who's senior to Sessions--will be forced to abdicate his seat as ranking member of the Finance Committee when he comes up against term limits in the 111th Congress. He's stated in the past that he'd prefer to become the ranking member on the Judiciary Committee than on the Budget Committee, but before today's deal, it looked like he'd have to choose between taking over for Specter on Judiciary Committee now, or taking over for Gregg on the Budget Committee next Congress.

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