Jon Kyle on Filibuster of Obama SCOTUS Nominee: GOP Filibuster of SCOTUS Nominee?

Justice John Paul Stevens has sent signals that he will be retiring soon. He hired only one law clerk, when the usual number is four. Both sides are gearing up for a fight for the future of America. Senator Jon Kyl (R-AZ) was on FOXNews Sunday today with Chris Wallace. Wallace asked Kyl if the GOP will filibuster the next Supreme Court of the United States (SCOTUS) nominee. Kyl responded that it would depend on the nominee and his/her view of law. (see the video below)

Jon Kyle

Senator Kyl said if the nominee was not overly ideological, Republicans might vote against the nominee, but would likely not filibuster, going back to the Gang of 14's rule that you do not filibuster unless there are extraordinary circumstances.

[Kyl] I want a judge who will read the law and declare it in each case that comes before him or her as it should be — in other words, don’t have somebody coming in with preconceived attitudes — I’m going to be tough on the executive, or, I’m going to be for the little guy, or whatever their preconceived attitudes are. We’ve had too much of that. [...]

I think the president will nominate a qualified person. I hope, however, he does not nominate an overly ideological person. That will be the test. And if he doesn’t nominate someone who is overly ideological, I don’t think — you may see Republicans voting against the nominee, but I don’t think you’ll see them engage in a filibuster.

KYL: I would prefer to go back to the situation where it is not done by either party, but the Democrats won that fight. They filibustered Miguel Estrada. He never got on the court. Seven other circuit nominees. So what we need to do is, I think, apply the rule that the Gang of 14 game up with a couple years ago that you don’t filibuster except in extraordinary circumstances, and I’m willing to live by that general rule. 

Kyl gave a succinct answer to why a filibuster might be appropriate, or not, and it is all about ideology. He makes Senator Arlen Specter look like the Liberal he is. This is a good video.



Senator Jon Kyle and Chris Wallace on FoxNewsSunday (video)

Eric Holder Lindsay Graham: Eric Holder Jon Kyle: Holder Senate Questioning on 9/11 Civil Trials

Attorney General Eric Holder spoke in front of the Senate Judiciary Committee today, saying he wanted to address his controversial decision to try the mastermind of the September 11, 2001 attacks, Khalid Sheik Mohammed in New York City. See a video below.

Eric Holder

Holder told the mother of a man who died aboard Flight 93 which crashed into a Pennsylvania field near Shanksville, PA that "there was evidence, not yet made public, that makes federal court the best place to try Mohammed."

I guess what I'm saying is trust me," the attorney general said quietly, as reporters and security staff crowded around the pair.

I will trust you. I will defer judgment," said Hoagland, though she added she still has serious doubts about his plan. 

Here are some of the "highlights" of Holder's appearance before the Senate Judiciary Committee today:

(1) The 9/11 attacks were both an act of war and a violation of our federal criminal law

(2) There are more than 300 convicted international and domestic terrorist currently in Bureau of Prisons custody. Including those responsible for the 1993 World Trade Center bombing in the attacks -- embassies in Africa.

(3) In fact I expect to direct prosecutors to seek the ultimate and most uncommon penalty.

(4) I know that we are at war. I know that we are at war with a vicious enemy who targets our soldiers on the battlefield in Afghanistan and our civilians in the streets here at home.

(5) Prosecuting -- 9/11 defendants in federal court does not represent some larger judgment about whether or not we are at war. We are at war. And we will use every instrument of national power civilian military.

(6) I'm not scared of what Khalid Sheikh Mohammed has to say at trial, and no one else needs to be afraid, either,” Holder said.

(7) We need not cower in the face this enemy.

 No. 6 is pure elitist arrogance, bathed in contempt and disdain for the country and the citizens. The American people are not "scared," are not "afraid," of what KSM has to say. What the animal has to say is irrelevant. How much more demeaning of the American people can a public service get?

Senator Jon Kyl (R-AZ) asked Holder how a civil trial could be better when KSM had already tried to plead guilty before a military commission"

How can you be more likely to get a conviction in a (civilian) court than that?" pressed Kyl, to applause from some in the hearing room.

Holder's non-answer to a very direct question was that the decision to try KSM in New York was not based on the whims or the desires of KSM - "he will not select the prosecution venue. I will. And I have." The question was, why would you think a conviction in civil court will easier than in the military commission - where KSM wants to plead guilty?

Senator Lindsay Graham (R-SC) asked Holder to name one enemy combatant (now known legally as an "unprivileged enemy belligerent") captured on a battlefield and tried in a U.S. civil court. Holder could not name one, and Graham pointed out that there are none. Graham accused Holder of "making bad history," and said "I think you've made a fundamental mistake here."

Senator Jeff Sessions (R-AL) said: "I believe this decision is dangerous. I believe it's misguided. I believe it is unnecessary." Holder boasted that 300 terrorists are currently held in U.S. prisons. Sessions asked for a list of those terrorists, and after a slight pause, Holder said he would get the list for the Senator.

In the meeting, Senator Jon Kyl mentioned a previous request from Senator Charles Grassley, who has asked Holder for list of DOJ attorneys who have previous ties to terrorists. Holder indicated he would think about it. Here is what Grassley says on his website:

I plan to ask the Attorney General about potential conflicts of interest within the department related to political appointees working on detainee issues.  Media reports have highlighted certain political appointees at the department and their prior advocacy on detainee issues.  I would like to know more about these appointees and the work they are currently doing at the department.  Any prior representation on the other side of these issues could raise potential conflicts of interest that should be fully disclosed as part of basic transparency and accountability at the department. 

The video below is excellent. Listen as Senator Lindsay Graham tells Holder, your actions "are a perversion of the justice system.




 Eric Holder and Lindsay Graham (video)