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Hannity

Conservative Concerns About Judge Roberts

This is a partial transcript from "Hannity & Colmes," July 27, 2005, that has been edited for clarity.

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ALAN COLMES, CO-HOST: Democratic senators continue to sound off on the nomination of John Roberts to the Supreme Court. Yesterday, Senator Pat Leahy predicted that an anti-choice nominee would have trouble in the Senate.

(BEGIN AUDIO CLIP)

SEN. PATRICK LEAHY, (D) VERMONT: Just as you would not have a justicewho — nominee who said "well, I wouldn't consider Brown versus Board of Education"settled law," I don't see how they could get confirmed. I don't see how somebody whosaid they don't consider Roe versus Wade settled law, I don't see how they getconfirmed."

(END AUDIO CLIP)

COLMES: And earlier today, Senator Kennedy blasted the White House forrefusing to turn over papers with claims are protected by attorney-client privilege.

(BEGIN VIDEO CLIP)

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: Many of the memosvital to our consideration of Judge Roberts for the Supreme Court were written while heworked in the Solicitor General's Office. That office works for all the American people,not just the president. Attorney-client privilege clearly does not apply.

(END VIDEO CLIP)

COLMES: Some republicans may also need convincing about Judge Roberts. Joining us now is the author of "How to Talk to a Liberty, If You Must," Ann Coulter.The author of "Twice Adopted," radio talk show host, Michael Reagan.

Well Ann, I hear you got a little trouble with Judge Roberts. I can't believe it. What's the problem?

ANN COULTER, AUTHOR: Yes, I'm with Chuck Schumer, I want more information on this guy.

COLMES: Why?

COULTER: No, that, do I not think, because he is a mystery date, and I mean, there are two points, one is we have the Senate right now. This isn't when — like when we — republican nominated Souter or Clarence Thomas, those were democrat senates,this is a republican senate and we knowing in about this guy. And that's feas a fact. Imean, I hope he turns out to be good, but what we're hearing from the Bushadministration are their hopes and dreams. I share their hopes and dreams, but whythough the nominate somebody we know a little bit more about? We got a mystery date.

COLMES: Did you feel this way about Clarence Thomas who said he never had an argument or a thought about his opinion on abortion? Did you feel the same way back then?

COULTER: No, I thought that was magnificent. No, I mean there's a bigdifference. Pick someone who is known to be a conservative in important ways, asClarence Thomas was, as we know Scalia was, and then, you know, let them not so muchmoderate their views, but not — they don't have to be flame throwers during the actualhearing itself, but pick somebody we know something more about. I mean, I think Republicans have — as I write this week's column, lost the ability to say "trust me." It was a Republican who nominated Earl Warren, William Blackman, or William Brennan, Blackman, O'Connor, Souter, I mean, this has been — Stevens, this has been seven times we've gotten a blank slate and we end up with a Justice Souter.

COLMES: Michael, I don't think Ann has to really worry. This a man who whenhe was the Solicitor General's Office disagreed with his boss, Ted Olson, arguing that it was constitutional to strip the Supreme Court of jurisdiction over issues like abortion, busing, school prayer cases, so I think we pretty much know where he stands — stood as least, as solicitor general. I don't think you really have to worry, do you?

MICHAEL REAGAN, RADIO TALK SHOW HOST: I'm not — listen, at thispoint I have to trust the president of the United States. You know, on this issue, I don'twant to wake up one morning and find out I'm on the same side as Schumer andKennedy and Durban. Listen, if Schumer, Kennedy, and Durbin are against the guy,there must be something really righteous and good about this man. And maybe thepresident of the United States , you know, picked the right person for the job. Had I wished it was a woman? Absolutely. My father put a woman there, he's the one who put Sandra Day O'Connor in that position. I wish he would have listened to his first lady, tohis wife, but he didn't, he went with what he thought was the right thing to do.

I think John Roberts is going to be the right guy for the job. He's the guy whowill indeed vote on eminent domain issue in the right way, not the wrong way, and aboutthose appointments, you know, my father appointed at Anthony Kennedy. If my father could speak today, he would have said, "Maybe I made a big mistake," but at the time hethought he made the right one.

SEAN HANNITY, CO-HOST: Ann, this is the same president that gave you Dick Cheney and Donald Rumsfeld and is friends with Karl Rove and Condi Rice and a lot of very strong,solid conservatives. He said he wanted to appoint somebody in the mode of a Scalia or a Thomas. People like Ed Meese and other very prominent conservatives know himand vouch for him. Does that not give you any — it's not Warren Rugman and it's notJohn Sununu vouching for him. I mean, Ed Meese is — and other conservatives that know him say he has solid credentials. Do you doubt them?

COULTER: Well, two things, one — one, I mean, Michael Reagan just made the point for me, I wouldn't be bragging about your father's first appointment, Sandra DayO'Connor. I mean, whenever we get someone we're not absolutely sure of, it's never,ever been a pleasant surprise.

HANNITY: But I did — that's not what I asked. I asked specifically, do youhave...

COULTER: I know, I was just...

HANNITY: Yeah, go ahead, do you have faith in the president...

COULTER: But we don't know and as for Bush this particular, no actually, I — I— I mean, the people he has surrounded himself with have been good, but he's been verybad — let me finish this...

REAGAN: But Ann, I mean, you know, we all know the same people, Seanand...

COULTER: He has been very bad in choosing...

HANNITY: All right, one at a time. Ann first...

COULTER: We're talking over one another — let me just finish this.

HANNITY: Go ahead.

COULTER: He's been very bad at choosing sides among republicans. I mean,this is a White House; Karl Rove seems to be afraid to present the Republican Party asthe party that is against the abortion, pornography, criminal rights. Karl Rove wants people to see the Republican Party as the party of corporate America and country clubs.That's when we lose, when they see us as a Ronald Reagan Republican Party...

COLMES: All right, we are going to pick it up there in just a moment. More with Ann and Michael right after the break.

(COMMERCIAL BREAK)

I want to ask you both this question, first of all, we have Dick Durban bringing upa litmus test on one's religious faith and then we just played in the last segment, the comments of Pat Leahy clearly saying that if you are pro-life, you are not qualified forthis court, you don't agree with him, you're not qualified for the court. I want to get both your reactions with that. Michael?

REAGAN: Well — I mean again, it's expected. This is what they did the firsttime when he went through the process when he was approved the first time. Look whovoted against him, it's the same people making the same arguments now that they, in fact,made before. They make litmus tests. It's really interesting, the liberals tell you how they really care about you, but then they're the ones that see color, they're the ones that see religion, they're the ones who see all of these issues on a regular basis, and then try tomake them an issue and try to turn America against you because you're Catholic or you're Jewish or you're black or whatever it might be.

HANNITY: And you know, Ann, what's amazing to me, I went back today and I found three direct quotes by Pat Leahy himself, "no litmus test." You know, forexample, we now know that there were 67 — since 1977, 67 nominees to the U.S. Courtof Appeals that have worked in the Justice Department, none of them were ever asked to give over these private documents. Now, Ted Kennedy, huffing and puffing, demandingthat they be turned over. I don't — how do they...

COULTER: Well...

HANNITY: Go ahead.

COULTER: It is nice to see at least enough democrats rising to the bait, I justwish we had a bigger piece of bait for them, because they would go on and on about religious paths and demanding documents and staying away things like abortion,pornography, criminal rights, which they lose on, um, as I've pointed out, um, just last Sunday — two Sundays ago, in The New York Times, the Democrats themselves took apoll and found out they have to stay away from the ideological issues when it comes tojudicial nominees which is why they drone on and on about the filibuster. They lose on those issues. So why is this administration always run being away from gay marriage? Running away from Tombi (PH) in Pennsylvania and endorsing...

HANNITY: Have you been...

COULTER: ...Simon in California...

HANNITY: Have you been reading the writings of Roberts, have you beenreading the history? I mean, this guy did work for Reagan — President Reagan, he didn't work for President Clinton. He did clerk for Rehnquist, he didn't clerk for Ruth Bader Ginsburg. The positions he's taken in some of the memos that he ad put out actually took strong positions, apparently, that show the makes of an originalist jurist. Do you not seeany of that or interoperated any — in any which way, that way? And clearly the Democrats are.

COULTER: No, I — I think it's absolutely meaningless, actually. I mean, I hope— I hope he turns out to be a Scalia, I don't think there's any evidence to support that.Um, I mean, you have to choose horses if you want a political career, you're either goingto go the republican route or the democrat route and he went the republican route, sothese are the administrations he worked for, but he was working for a client. He himselfis...

COLMES: I'm pretty sure he's republican.

COULTER: The...

REAGAN: Can I get...

(CROSSTALK)

COLMES: Michael, I want to ask you something you just said about Dick urbin which was really unfair. You're accusing democrats of being against himbecause of their religion, that is outrageous that you would even suggest that. Dick Durbin is a Catholic, Patrick Leahy is a Catholic, and he never said there was a litmustest. He in fact asked the same question John Cornyn asked, whether he could separate his personal believes in what the constitution says, and (UNINTELLIGIBLE)

REAGAN: Alan...

COLMES: That suggests that democrats are just people because of their faith.

REAGAN: Alan, I wrote an op-ed piece, interesting, over a week ago and it'scoming to play out pretty well, that the Democrats will accept him if he becomes a bad Catholic. See, now...

COLMES: Now, that's ridiculous.

REAGAN: A bad Catholic. But they will not take a good Catholic. I'm sorry,but that's a fact...

COLMES: A good Catholic, according to whom? Do you determine what a goodCatholic is?

REAGAN: A good Catholic, according to the Catholic Church, how about that?Ask Schulman, you're neighbor.

COLMES: Well, I'm not one to tell people whether they're good or bad at racticing their faith, maybe you think you can determine that.

Ann, I...

REAGAN: No, but there's a standard and the Catholic — it's interesting, there'sonly one Catholic Church, it pretty well stands, you know, stands pretty solid where itfeels on abortion and what have you, and so if you're a catholic who becomes pro-choice,then the democrats will, in fact, accept you, which means they will accept a bad Catholic.

COLMES: What if you're a Catholic — what if you're pro-death penalty andyou're a Catholic where the church says that they happen to be against the death penalty?Can you be a good Catholic and for the death penalty?

COULTER: And if you if you kill a girl Chappaquiddick you're really good.

COLMES: Pardon me, Ann.

COULTER: I said if you kill a girl at Chappaquiddick, you're really in.

COLMES: That's a low blow. That really is a low blow. You should be above that.

REAGAN: Oh, you're really in. You can stay in forever.

COULTER: What do you mean a "low blow?"

COLMES: You really ought to be above that?

COULTER: Why? Did or did he, Senator Kennedy, or did he not kill a girl at Chappaquiddick? What, we can't mention it?

HANNITY: All right, thanks Ann, appreciate it. And Michael, thank you.

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