Zell Miller on the Battle Over the Roberts' Nomination

This is a partial transcript from "Hannity & Colmes," August 10, 2005, that has been edited for clarity.

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SEAN HANNITY, CO-HOST: This new television ad by the pro-choice abortion group NARAL (search) is causing an uproar, because it suggests that Judge Roberts supports abortion clinic bombers.

Joining us now with reaction to these developments is former Georgia Senator, FOX News contributor and good friend, Senator Zell Miller is with us.

Senator, this NARAL ad in particular, I had a big fight on my radio show today with — is so outlandish, so purposefully misinforming of the American people, I think it is maybe giving us an indication where this fight may be headed.

ZELL MILLER, FORMER GEORGIA SENATOR: Well, I think it is. And I think that we're going to see a lot more of that. But I think this NARAL ad, which is very false and misleading, shows just how desperate that organization is and just how far they will go to defeat this good man.

HANNITY: You know, I want to go down to the issue, because that isn't really worth a lot of our time, with that ad. But there are a lot of people, the case, the Romer case that Judge Roberts did some pro bono work on is not just a little case. It is one of the two cases, along with Lawrence, the defining cases that most observers believe would pave the way for the legitimacy or the change or the legality of gay marriage.

Should that concern conservatives?

MILLER: If that were the case it should be. And I would be concerned. But you cannot cannot abandon the excellent by looking for the perfect.

Would I like to know more about Judge Roberts' positions on some of the cultural and conservative issues that I'm interested in, yes I would. Do I remember how we were burned with Justice Souter? Of course I do.

But I'm not going to abandon this man. I think that — I think that he's doing good. Everybody agrees that he's brilliant, that he's ethical, that he's got a great judicial temperament.

And I don't know him, but I'll tell you this, Sean. I know the man who appointed him. I know George W. Bush. And I'm going to put my trust in the appointer, rather than the appointee.

HANNITY: I've been saying that often on my radio show, that George Bush has not disappointed conservatives before. And he did make — this is a big pledge that he made both times that he was running for office.

And — and this was pro bono work. They have minimized his role in this particular case. But he was so good at what he did, having argued so many times in front of the Supreme Court, his advocacy, his advice as counsel probably helped in that particular case. And if he didn't believe in it, was he perhaps wrong in laying out the case for the other side?

MILLER: Well, I would have to have been there and listened to that exchange to really know that. Was this just someone that came in and was bouncing some kind of ideas off of him and this brilliant man responded, "Well, if I were on the other side, this might be what I say" or "this might be how I did it."

I don't think that we can abandon the man just for this. I'm going to be with the Family Research Council and Dr. Dobson and many others at the Justice Sunday II, in Nashville this coming Sunday. I'm going to do everything I can to see that this man is confirmed.

ALAN COLMES, CO-HOST: Senator, it's Alan. Welcome back to the show.

What he did with the Colorado case was he really fought for the idea that gay rights is a civil rights issue. And he did this pro bono. He volunteered and no one forced him to do it.

If a Democratic appointee had done this, I believe that conservatives like yourself would be all over that person and use that as a reason not to support him or her, wouldn't you?

MILLER: Well, I would like to know a lot more about it.

And Alan, I love you dearly.

COLMES: No, you don't.

MILLER: But you're just — you're just engaging in some wishful thinking. I don't think you're — I don't think you're going to see the conservative groups throughout this country leave this man.

COLMES: One of them is, though, one — do you really love me, Zell? Do you really love me? I don't want to duel you, all right (ph)?

Look, one group, one conservative group already has walked away.

MILLER: You're engaging in wishful thinking. We're not going to walk away. We're not going to be out there trying to get the perfect and give up the excellent.

COLMES: All right, let me ask you this: should the White House have known about this? He did pro bono work. He also did not include this in his 83-page dossier. He also didn't disclose that he once lobbied for cosmetic makers. He also — there was some issue about whether he was a member of the Federalists Society.

Why are these questions out there? Why was this not fully disclosed to the White House ahead of time?

MILLER: That Federalists Society really worries me, Alan.

COLMES: I mentioned three things.

MILLER: Come on. I think you've got to have something much more than this before you're going to see the conservative groups in America abandon this man. This is a chance to get an excellent man who can change the direction of that court in — on the Supreme Court, and we're not going to miss this chance.

HANNITY: All right, now, Senator, if you ever want to duel Alan, I want to be the judge, and I'm going to be in favor...

COLMES: We want a fair and balanced judge.

MILLER: But I don't know what he would choose as for weapons.

COLMES: My mouth. I just talk for a living. That's all I do.

HANNITY: Senator, we always love having you. Thank you, my friend. It was great to see you when I was down in Georgia recently, too. Thank you, Senator.

HANNITY: Thank you.

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