CNN "Erin Burnett Outfront" - Transcript Interview with Charles Schumer

Interview

Date: Sept. 23, 2020
Issues: Judicial Branch

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OUTFRONT now, Senate Minority Leader Chuck Schumer.

And I appreciate your time, Senator.

So, I just want to read the background of the question from the reporter was, will you commit to making sure there's a peaceful transferal of power after the election? Trump answers, we're going to have to see what happens, then continues to raise his unfounded fears on ballots. Your response?

SEN. CHUCK SCHUMER (D-NY), SENATE MINORITY LEADER: Erin, the president -- President Trump is not a dictator, and the American people will not allow him to be one. This man has no, no honesty, honor, values or faith in the American system. He doesn't deserve to be president. And hopefully he will learn his lesson.

BURNETT: Chairman of the Joint Chiefs, General Mark Milley, as you know, said in September, he doesn't see the military playing a role if there is a dispute of the election outcome. We're talking about scenarios here that none of us, frankly, can envision, right? This is all stuff we thought happened in distant American history.

SCHUMER: Yeah, of course.

BURNETT: How do you see this playing out?

SCHUMER: Well, the way I see it playing out is the American people are wedded to democracy. We believe in democracy. And the kind of thing Trump is talking about just will not happen. One way or another, there will be a peaceful transition of power, and President Trump will not get his wish.

[19:50:06]

One thing I say to the American people vote, vote early, and the best way to prevent Donald Trump from messing around with election is defeat him in a landslide and that's what I hope will happen. It certainly should given the kinds of things he said.

BURNETT: And, of course, this is all happening around the context of a Supreme Court nomination, the most important in a generation. An unearthed video we found senator from 2016 shows Professor Amy Coney Barrett at the time, now an appeals court judge obviously and current favorite to be the president's Supreme Court pick, she warned of appointments for the Supreme Court that could flip the balance of power.

That was what was happening at the time, right? President Obama was poised to choose a replacement for Antonin Scalia. So, that was the context, it was an election year.

Here is what she said.

(BEGIN VIDEO CLIP)

BARRETT: We're talking about Justice Scalia, you know, the staunchest conservative on the court and we're talking about him being replaced by someone who can dramatically flip the balance of power in the court. It's not a lateral move.

(END VIDEO CLIP)

BURNETT: So, Senator, she's talking about a flag, raising a flag it seems on making an appointment like this in an election year. So, you know, that's what would happen with her appointment. So, what do you say to that? Is it going to be important in the hearings?

SCHUMER: Well, I'm not going to comment on any perspective nominee for judge before they are nominated.

But let me say this about the issue.

BURNETT: Yeah.

SCHUMER: Mitch McConnell has defiled the Senate. He's about to destroy the Senate because it was he who within a few hours after Justice Scalia's death in February before election year said we ought to wait for an election.

And now, all of a sudden, with only 40 days, 45 days before an election with people already casting their ballots, he does 180 degree about-face? The American people are wise to it. This is going to hurt him. It's going to hurt his party. It's going to hurt the people who defend this total, total hypocrisy, which is the only word you can use to describe it.

The bottom line is very simple: this court contest, Erin, means a huge thing to average Americans. It can determine their future health care. Whether the 130 million Americans who have protections from insurance companies knocking them off for preexisting conditions will continue that protection by the tens of millions of senior citizens will get Medicaid -- will get their prices increased, whether millions of people will lose their insurance and in that case is before the Supreme Court two weeks after the election.

But there are other issues too. There's civil rights, and labor union rights, and gay rights and women's rights, the right to choose. Roe v. Wade could be undone by a court this extreme.

So, the American people know this. The American people know what McConnell and his hard right friends are doing. They are trying to take over a court and have it do things that the American people abhor.

BURNETT: So, I want to actually play something else she said in this interview, and I'm not going to ask you to opine on her, her possible selection because I know you won't do that but about the content of what she says here. So, here she's talking about whether a president should be able to nominate a justice in an election year and here's what she said.

(BEGIN VIDEO CLIP)

BARRETT: It shouldn't be a surprise that the Senate is willing to push a president's nominees through in an election year when they share the same political affiliation. The president has to power to nominate and the Senate has the power to act or not, and I don't think either one of them can claim that there's a rule governing one way or the other.

(END VIDEO CLIP)

SCHUMER: Again, I'm not going to comment an Amy, Erin, but I'm going to say --

(CROSSTALK)

BURNETT: I know you're not going to comment on her but what about the point she makes? The president has the power to nominate and the Senate has the power to act or not?

SCHUMER: It's exactly the opposite of what was done in 2016, and it will mean that the Republicans have not stolen one but two Supreme Court justices using abject power, no morality, no honor, no honesty. And the American people won't stand for it.

All the polling data shows the American people are wise to this and I believe this is going to make the stature of Mitch McConnell lower. I believe anyone that supports this kind of philosophy is not going to be well-regarded by the American people.

BURNETT: One final question, have you talked to Senator Romney about his feelings on this and what he would do in a lame duck personally at all?

SCHUMER: No, I have not.

BURNETT: All right. Senator, appreciate your time as always. Thank you for joining us.

SCHUMER: Erin, thank you. It's great to be on your show, as usual. Thank you.

BURNETT: Appreciate it.

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