CNN "The Situation Room" - Transcript: Interview With Hawaii Senator Mazie Hirono

Interview

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BLITZER: Yes, he does.

Phil Mattingly, thank you very much.

We're joined now by a member of the Senate Judiciary Committee, Democrat Mazie Hirono.

Senator, thanks so much for joining us.

SEN. MAZIE HIRONO (D), HAWAII: Good evening.

BLITZER: Is there anyone that President Trump could nominate between now and a vote let's say the midterm elections that you would vote to confirm?

HIRONO: You never know.

The president might decide to do the right thing and not pick somebody who's been hand-picked by the Federalist Society and/or the Heritage Foundation.

I kind of think that that is not in play. But Mitch McConnell should follow his own rule and let the people of America have a voice in the selection of the next Supreme Court justice.

This is what he says. But, of course, he never sticks to his own rules.

BLITZER: He says there's a difference between a midterm congressional election and a presidential election, that you can't compare the two, to which you say?

HIRONO: Of course you can compare the two, because guess what? The Senate has its own constitutional responsibility to advise and consent on the president's nominations.

The president nominates. We do advise and consent. So, we have our own constitutional role to play. And, therefore, the people should be able to decide who will be engaging in the advise and consent rule.

BLITZER: But don't you want to see who the president nominates first before deciding flatly there should be no confirmation vote between now and the midterm elections?

HIRONO: No, it doesn't matter who he is putting forward. I'm saying that, from a procedural standpoint, I'm perfectly happy to follow the McConnell rule and enable the American people to have a voice in deciding who the next nominee should be -- or the Supreme Court justice should be. That's what I'm focused on.

BLITZER: The Republicans are pointing out that when President Obama was in office before a midterm election, he got Elena Kagan confirmed through the U.S. Senate. They're pointing to that example. Let me get your reaction to that.

HIRONO: Well, apparently, they decided that they would do the right thing at that point.

But Mitch McConnell has made it very clear, and in changing the number of votes that it would take, that he has every intention of putting on the Supreme Court as well as the circuit and district courts the most conservative, ideologically driven nominees possible for lifetime appointments.

And so that's how they're proceeding. And it's more than unfortunate for the American people, because any of us who cares about women's rights or minority rights or workers' rights should care about who sits on our courts for lifetime appointments.

Therefore, I am calling on everybody in this country who care about those, as well as other issues, to make sure that the next person who sits on the Supreme Court is somebody who is not a Republican, because also, remember, Donald Trump said the Supreme Court should always be Republican, as though the court should be filled with people who are Democrats and Republicans.

You know what? The court should be made up of people who can base their decisions on the law, the facts, precedent and uphold our Constitution and the American values that we all share. That's the kind of a justice I'm looking for. I'm not looking for a Republican justice.

BLITZER: Compared to how the Senate majority leader, Mitch McConnell, blocked the nomination of Merrick Garland during the final year of the Obama administration, what sort of opposition do you think Democratic voters want to see from you and your party?

[18:15:03]

HIRONO: It's not just Democratic voters. It's independents, as I said, anybody who cares about women's rights and minority rights, workers' rights.

There's a whole array of cases that will come before this court. They should all care about who the next person would be. And I would think that they would rise up and say, hey, we want to have a voice in who sits in the United States Senate to make these determinations on our behalf.

BLITZER: Assuming you don't like the nominee, what specifically do you plan on doing? What are the options within your power to block this?

Because, as you know, the Republicans, not the Democrats, have the majority.

HIRONO: Let me put it this way.

The Republicans have for decades set the stage for the most conservative, Federalist Society-backed people to sit on the Supreme Court, so, you know what, and all of our other courts.

So, this is not an effort that we can just undo overnight. I think that all of us who care about these issues and these priorities should be just as determined to rise up.

And I will be there with them fighting alongside them to make sure that our courts are filled with people who can provide the kind of justice that is objective, that is not a rubber stamp for a president who is ideologically extreme.

BLITZER: As you know, Senator Hirono, some of your Democratic colleagues, Joe Manchin, Heidi Heitkamp, Joe Donnelly, they're up for reelection this year. They all voted to confirm Justice Neil Gorsuch.

What's your message to those vulnerable Democrats coming forward with a vote let's say before the midterm?

HIRONO: I think that we can all be together wanting the people of America to be able to have their voices heard on who the next nominee should be.

BLITZER: But could they potentially lose their seats, lose their reelection battles if they vote against the president's nominee?

HIRONO: Well, we're not there yet.

I'm talking about a procedural effort to say, Mitch McConnell, why don't you follow your own rule and enable the American people's voices to be heard as to the selection of the next Supreme Court justice?

So, that's where I am.

(CROSSTALK)

BLITZER: He's clearly not to going to follow that rule, Senator, as you know.

What about some moderate Republicans? Can you count on any of them to join the Democrats and try to block the nominee?

HIRONO: There's very little question in my mind that overturning of Roe v. Wade will be coming before the Supreme Court, because Trump has said that's what he would like.

And, therefore, there are at least two Senate Republican women who care very much about a woman's right to choose. And that would be Susan Collins and Lisa Murkowski.

BLITZER: Yes, let's see what happens on that front.

HIRONO: Yes.

BLITZER: As you know, Senator, before Justice Kennedy even announced his retirement, Democratic Congressman Adam Smith in the House of Representatives said -- and I'm quoting him now -- "The Supreme Court is no longer a judicial body. It is an arm of the Republican Party."

What's your reaction to that?

HIRONO: Well, that's certainly comports with what President Trump said. He said the Supreme Court should always remain Republican.

And he has every intention of nominating somebody who will follow through and be a -- basically a rubber stamp for the Republicans, or, I should say, you know what, the Trumps, the Trump party. It is not a Republican Party. It's the Trump party.

BLITZER: Jeff Toobin, our chief legal analyst, says this retirement -- and it's very significant -- could eventually lead to Roe v. Wade being overturned. Do you agree?

HIRONO: Yes, I think it will come to that circumstance, because President Trump has said that he wants to nominate people to the Supreme Court who will overturn Roe v. Wade. So he's going to look for somebody like that.

And I would say that that is a real possibility. And that is why I'm looking to people like Susan Collins and Lisa Murkowski, with only a 51-vote requirement to confirm the next Supreme Court justice, for them to really look into their hearts and souls and do the right thing.

I'm also looking to Mitch McConnell to do the right thing and for once to follow his own rule. It's so hypocritical. But this is something that doesn't bother the Republicans at all and the Trump party at all.

BLITZER: Will the Supreme Court decision yesterday to uphold the president's travel ban, at least the third version of that travel ban, do you think it will embolden him on the broader issue of immigration, which is so, so tough right now?

HIRONO: Trump is very much anti-immigration, especially black, brown and yellow people.

So I have very little doubt that he's not even right now conferring and/or thinking on his own how he can use his pretty much unbridled executive power to issue further executive orders that would relate to immigration.

[18:20:02]

I have little doubt that the Supreme Court handed him extraordinary powers, which the Supreme Court didn't have to do, but it was a 5-4 decision.

And we can thank Neil Gorsuch for his fifth vote on that issue, as well, on that case, as well as the case that was decided today that goes against public employee unions and overturning Abood, which is a 40-year case that the Supreme Court decided that upheld the union's right to collect fees to enable them to bargain for wages and appropriate work conditions. So, that's out the window.

BLITZER: Yes, that was a 5-4 decision as well. Lots of 5-4 decisions, as you well know.

HIRONO: Yes, exactly. And Neil Gorsuch is that fifth vote.

BLITZER: Senator Hirono, yes, thank you so much for joining us.

HIRONO: Thank you.

BLITZER: Always good having you here in THE SITUATION ROOM.

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