Fox News "The Story" - Transcript: Sen. Lee: 'Not Helpful' to Challenge Legitimacy of Supreme Court

Interview

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MACCALLUM: So that concludes our coverage of Brett Kavanaugh's swearing-in ceremony, the ceremonial version at the White House tonight led by President Trump. Our coverage continues here on the Fox News Channel.

Here now exclusively as a senator who was called out by name this evening as a big part of behind the scenes struggle to have this moment take place in the confirmation of Justice Kavanaugh, Utah Senator Mike Lee. He sits on the Senate judiciary committee and he is the author of the book "Written Out of History: The Forgotten Founder Who Fought Big Government."

Senator Lee, thank you very much. Good to have you with us here this evening.

SEN. MIKE LEE, R-UTAH: Good to be with you.

MACCALLUM: Your thoughts as you watch this incredible process that we all saw play out as it sort of has a bow tied on it, at least to some extent this evening?

LEE: It was an emotional moment coming at the conclusion of a very emotional process. And quite rewarding for me as a member of the judiciary committee, to see this come to fruition.

It's significant, Martha, that he will now be sitting here in cases tomorrow as a Supreme Court justice. There is an enormous amount of work that goes into that. But it was great to see the swearing-in ceremony to have his former boss, Justice Kennedy's swear him men. It was quite a capstone on the evening.

MACCALLUM: Indeed it was. And in fact it was pointed out that that was the first time that someone who clerked for a Supreme Court justice was then sworn in to sit on a court by that now retired justice. It was just a remarkable moment, and he really commended Justice Kennedy on the decisions that he had made while he was sitting on the bench and said, he greatly admired him, you know. But he also talked about putting behind all of this and trying to move on.

Clearly he'll do that tomorrow, Senator Lee, but on the outside of this Supreme Court, is this over?

LEE: Look, sooner or later people will realize that inside the Supreme Court it really is not a partisan environment. In fact, very, very few decisions are decided on a five to four basis. The most common configuration is nine to zero and there are a lot of cases that are decided either nice to zero, or eight to one or seven to two.

Most of them are not political charge in any way, and I think Justice Kavanaugh will be someone who contributes, build coalitions and will be greatly respected by his colleagues.

MACCALLUM: Yes. We have heard, though, from Senators Booker, and others that they question the legitimacy of the court at this point and that they would consider opening continuing investigations into Judge Kavanaugh and even sort of restructuring the makeup of the court. What do you say to that?

LEE: I'm not sure what good that does, I'm not sure that that is a good idea to be questioned the legitimacy of the court. I mean, look, you can look at the federal judiciary despite its flaws, despite the fact that from time to time it issues ruling that some of us might disagree with.

I'd hold our federal court system up against any of its kind in the world. And the same goes for the Supreme Court. And as lawyers and officers of the court and as U.S. senators, I don't think it's helpful for us to be challenging that. I think it's time to move forward and let the court do its work.

MACCALLUM: What did you think about what the president said at the beginning of all of this? He apologized to the family for the process and for everything that they went through which was a political and personal destruct -- personally destructive process as he described it. And he also said you were proven innocent under historic scrutiny. What did you think of that?

LEE: I think a lot of us sympathize with that expression, and look. The fact that you had a writer on a late night comedy show tweeting out and saying, you know, regardless of what else happened, I'm just glad we ruined his life.

MACCALLUM: Yes.

LEE: That speaks volumes. I fear that that speaks volumes about many of those who were engaged in the politics of personal discussion. And I really dislike seeing that, it's not good for our political disclose in America. It certainly not productive as far as looking toward the kind of judiciary we have to have.

MACCALLUM: Judge Kavanaugh also said -- Justice Kavanaugh, excuse me, also said that he wanted to put this contentious process behind him with gratitude and no bitterness. It takes a big person to walk away from what he has been through and carry no bitterness for all of what we saw. His name dragged through the mud throughout this entire process.

LEE: It does take a big man. It takes a brave man. And I think in this instance, Justice Kavanaugh is driven by his faith as been apparent as he's gone through this very difficult period of time when he's undergone so much scrutiny.

I think his faith has driven him to that point where he can move forward with nothing but forgiveness in his heart and I think that speaks great things about him and portends well for what we can expect from him on the Supreme Court.

MACCALLUM: Do you think -- I know you were very close to Jeff Blake, and R, throughout this process you spoke with him quite a bit. Is he satisfied in his heart, is he at peace with his decision here?

LEE: Yes, I believe yes. Look, I'm always careful not to speak for any colleague. But it was evident to me that when he cast his vote and it was evident to me as we went through the evidence that he was convinced as I was, that this was someone who is qualified to serve on the Supreme Court in every way.

MACCALLUM: Senator Mike Lee, thank you very much. Good to have you with us tonight.

LEE: Thank you.

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