CNN "The Situation Room" - Transcript: Nomination of Samuel Alito

Interview

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BLITZER: We have got Senator Dick Durbin standing by.

Senator Dick Durbin, the Democratic whip in the U.S. Senate, is joining us right now to discuss both of these important issues.

Senator Durbin, thanks very much for joining us.

First of all, the nomination of Samuel Alito to replace Sandra Day O'Connor in the U.S. Supreme Court, is this someone you think you can support?

SEN. DICK DURBIN (D), ILLINOIS: I'm not sure.

But put it in context. It was just last week that the most extreme element of the Republican Party forced Harriet Miers out. She had to withdraw her nomination, because they didn't trust her to pursue their political agenda. Now we hear the name Sam Alito. They're delirious in joy. This is what they have been waiting for.

Well, that raises some questions in my mind: Who is he? What does he believe? Is it in the mainstream? Or does it represent that same narrow political agenda?

BLITZER: Well, what would -- is it your intention to consider at this point, together with other Democrats, a filibuster?

DURBIN: Way too soon.

I need to ask questions of Judge Alito. He needs to go through the hearing. We need to look at his background material, read his decisions carefully. There are some things that concern me, some decisions he's handed down on women's rights and civil rights and the role of Congress in addressing the problems across this nation.

But I don't know of anyone on the Democratic side who is signaling a filibuster at this point. It's way too early to make that decision.

BLITZER: There are -- as you remember, there was the so-called gang of 14, seven Democrats, seven Republican senators, who said -- who came up with a proposition, there could only be a filibuster under what they called extraordinary circumstances.

Already, we're hearing from several of the Republicans, DeWine of Ohio, McCain of Arizona, Lindsey Graham of South Carolina, this does not wise to that level. So, if you go forward with the filibuster, you might have some problems.

DURBIN: Well, I would ask each of those three, what do they know about this man? I mean, he has, what, 15 years on the federal bench, handed down a lot of discusses. He has many questionnaires to fill out and questions to answer.

Unless they have jumped to the collusion they are going to vote for him regardless, I don't think that really respects the process. The process suggests he will come in, follow the ordinary procedure. We will ask questions, and then decide whether he's worthy of this lifetime appointment.

BLITZER: Let's talk a little bit about the CIA leak investigation.

Did you -- did you have confidence in the special counsel, Patrick Fitzgerald, what he came up with?

DURBIN: Totally. In fact, Patrick Fitzgerald, I interviewed him when he was appointed Northern District U.S. attorney in Illinois. Senator Peter Fitzgerald, not related, as they always said, picked him and asked me to meet with him. And I -- I walked away very, very impressed.

I thought, this is a professional prosecutor. If he have would said, no indictments, I would respect him for it. If he says, this is the end of the indictments, I would respect that decision, too.

But the thing that troubles me about this, Wolf, when it gets down to it, why would Lewis Libby, the chief of staff to the vice president of the United States, if he did what he was charged with, why did he do it? Why didn't he just answer these questions honestly? The indictment says that the vice president gave him this information almost a month before these -- these conversations that got him in trouble. Why didn't he just answer that question openly?

BLITZER: You were quoted, as you said on "The Crier Report" way back February 3, '99, referring to a different case, "Having practiced law before I came to this job in Congress, you said, "I can recall witnesses who have had faulty memories, even when they were trying their best."

Do you remember saying that?

DURBIN: I'm sure I did, because, as a practicing attorney, I ran into that all the time.

But consider this case. In at least three different instances, the chief of staff to the vice president of the United States, apparently, according to the indictment, tried to mislead the grand jury as to what he learned. Now, missing a date or missing a few words is one thing, but have three separate instances in something of this gravity and this seriousness? I think that's why he was indicted.

BLITZER: You want Karl Rove to step down?

DURBIN: I think it would be a clean break for this president. I think we need a strong president with credible leadership.

He needs to say to the American people; Mistakes have been made. It's time for a new team. It's time for America to move forward.

I don't know if he will make that decision.

BLITZER: Senator Durbin, thanks very much for joining us.

DURBIN: Thank you, Wolf.

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