CNN "The Situation Room" - Transcript: Nominations of Harriet Miers
Interview
CNN The Situation Room - Transcript
Wednesday, October 5, 2005
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KING: A little confused, Senator Durbin. We just had a White House insider, David Frum, here saying he thinks the president blew it. The majority leader says looks pretty good to me -- the minority leader, sorry, says looks pretty good to me. Do you agree with Senator Reid on this one?
SEN. DICK DURBIN, (D-IL), JUDICIARY COMMITTEE: Senator Harry Reid has a very positive impression of Harriet Miers. He knows her better than I do. He has not committed himself. He said that he wants to wait until she answers important questions about the issues that she'll face on the Supreme Court. But I don't think there is anything wrong with saying something positive on a bipartisan basis to start this important process.
KING: I want to take you back to the Roberts hearing. You asked of then-judge, now Chief Justice Roberts something that some Republicans found objectionable, they thought you were trying to explore his religious views. And Senator Cornyn at the hearing said this, "We have no religious test for public office. And I think anyone would find that inquiry, if it were actually made, offensive."
I know at the time you said you weren't trying to trying to explore his religious views. But I'm wondering, given that criticism of you, do you find it at all ironic, maybe I can't find the right word, the White House is going out of its way now to find friends of Harriet Miers from this evangelical church in Texas, to say to conservatives, hey, trust us.
DURBIN: It is interesting how a different nominee changes the standards around this town. I wasn't looking for a religious test. Never would. I respect the Constitution and the separation of church and state in our country. But there are so many issues that are personal conscience issues and also political issues. If you ask a person about their position on the death penalty, it may cross both lines. That's an example.
And when it came to Judge Roberts in the Supreme Court hearing, it was Arlen Specter, the Republican chairman, who asked the first question about whether Judge Roberts' religion would cause problems for him as a Supreme Court justice.
It is a legitimate inquiry as long as it doesn't go too far and too deep. Each of us respect a person for their religious beliefs and it should never be a disqualification from office.
KING: One of the issues that frustrated the Democrats in the Roberts hearing, is certain to come up again -- perhaps even more so -- because Harriet Miers has not been a judge. We don't know much about her. Not much of a paper trail. And Democrats already are saying, let's see some of the memos she's written to the president while she's been involved in White House policy making, including the last five months, as the White House counsel. The president says, no.
Let's listen to the president.
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BUSH: It is important that we maintain executive privilege in the White House. That's part of the deliberative process. That's how I'm able to get good, sound opinions from people.
It's a -- I'm sure they're going try to bring this up. I happen to view it as a distraction from whether or not Harriet Miers is capable of answering the questions she is asked. They can ask all the questions they want. It is a distraction from whether or not she'll be a good judge.
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KING: With so many Republicans, Senator Durbin, saying they also have questions, do you think you will have any more luck this time at getting Republican help in pressing for documents?
DURBIN: I'm really concerned. You know, Harriet Miers was the coach for many nominees and told them to say as little as possible. Now, with no judicial background -- and of course that's not a requirement to be in the Supreme Court -- but with no judicial background, we can't turn to decisions she'd made on a court level or things she's written as a judge to really get an insight into her thinking.
So they say, well trust that she's worked in the White House for so many years. And many of us say, fine, let's see some of the documents that that reflect her thinking on important issues. No, no, no. We can't give you those documents.
If we run into the same situation as we did with Judge Roberts, where he didn't answer so many key questions, and we can't get documents about her background, how can we make an informed judgment about a lifetime appointment to the highest court of the land? It's a problem. KING: Many senators, you well know, said this is more important because it's the swing seat, the O'Connor seat.
You'll get more than one, but if you had just one question of Harriet Miers, what would it be?
DURBIN: Basically want to ask her, some insight into her view of the broad expanse of the law. Let me just be specific. The right of privacy really goes to the heart of basic personal freedoms. Are there certain areas of our personal and family conduct that of out of bounds for the government, where we should make that decision, as individuals, members of families, married people? That we make these decisions, the government cannot get involved. That, I think, is central to the line of questioning that's important to me.
KING: I want to quickly change subjects, Senator. Take a little extra time here. The president gives a major speech tomorrow, what the White House says is a major speech on strategy for the war on terror.
I'm reading -- just handed to me -- a pretty damning letter you sent to the White House saying the president simply hasn't leveled with the American people, that he does not have a political strategy to end the insurgency.
The president is going to give a big speech tomorrow. Let me ask the same question. What one question would you like answered?
DURBIN: Let me just say, John, America can do better when it comes to the war in Iraq. As of 10:00 this morning, the Pentagon told us we've lost 1,942 of our best and bravest soldiers. Almost 15,000 have been seriously wounded. T
he question I would ask the president is this. If only one battalion out of 100 of Iraqi forces are ready to stand and fight, how long will it take us and how many battalions have to be ready before American soldiers can come home?
For years we've been promised, we are just getting the Iraqis ready to defend themselves. Sadly we find ourselves in a predicament where we're losing our best and bravest soldiers, continuing to lose them every single day.
KING: Senator Richard Durbin, Democrat of Illinois, thank you for joining us, sir, in THE SITUATION ROOM. Congratulations again. I'm hoping to turn the tide to the good Sox, the Red Sox will come back in this series.
DURBIN: Go White Sox.
KING: Take care, sir.
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