CNN Inside Politics - Transcript

Date: July 27, 2005
Issues: Taxes


CNN Inside Politics - Transcript
Wednesday, July 27, 2005

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SYLVESTER: All right, thank you very much, Bill Schneider.

Well, many senators are poring over Roberts' history and making early assessments whether he's likely to get their confirmation vote. Today, Patrick Leahy set a benchmark for rejecting Roberts' nomination. In an interview with Vermont Public Radio, the ranking Democrat on the Judiciary Committee was asked if he would vote for Roberts if it appeared he would pursue an activist agenda. And the senator responded, "No, I wouldn't."

Now let's talk to another Democrat about Roberts' prospects and the current flap over releasing his records. Senator Ben Nelson of Nebraska is an influential figure in the confirmation process as a leader of the so-called gang of 14 moderates who averted an earlier battle over judicial nominees.

Now, I understand that you have been, said that you are leaning toward voting for Roberts for confirming him. Is that correct?

SEN. BEN NELSON (D), NEBRASKA: Well, what I said is, I see nothing in the process to date that would cause me not to vote for him. The process is continuing, of course.

The procedure now is for him to have the hearing before the Judiciary Committee, where it's properly housed, and that -- that process will continue. The hearing will be held. And unless there's something that comes in that nobody is anticipating, I can't imagine not voting for Judge Roberts at this time. SYLVESTER: Well, we have seen at least 15,000 new pages on Roberts released in the last day. Was there anything in there that gives you pause, anything that makes you think that he will face more opposition in the Senate than previously thought?

NELSON: Well, I don't know, but I doubt it. I say that because I don't think that it should be about his judicial -- it shouldn't be about his political philosophy. It should be about his judicial philosophy.

In other words, is he in -- is he content to be an adjudicator and doesn't want to be a legislator making law? To me, that is the issue about Judge Roberts, not that I prejudge that, thinking that he wants to be an activist judge. But I want to be sure that he doesn't plan to be and wouldn't become an activist judge. That's what I think we ought to be looking at. Political philosophy is interesting, but judicial philosophy is essential.

SYLVESTER: On that note, speaking of judicial philosophy, a number of senators believe they have to have the documents, all of the documents. In fact, another document fight is brewing over Roberts' tax records. Will the IRS -- I understand the IRS will provide a one- page summary. But the Bush administration is refusing to release his complete annual tax forms. Why is it necessary to have these tax records?

NELSON: Well, I don't know. I assume that there are those who want to take a look to make sure that everything is in order. This is a lifetime appointment. I haven't weighed in on the docu-drama that's going on right now, quite honestly.

I think the committee ought not to ask for anything it shouldn't and I think the White House, the administration, ought to provide everything that it should. But they ought to be able to work that out. If there is some probative value, some particular level of interest because of -- it bears on his judicial abilities, then I think they're entitled to it. But just to pore over documents because they're there I don't think helps anybody and it isn't going to make a difference in whether this person will be a good judge or not.

SYLVESTER: In terms of the timeline, Senator Specter has said that he wants to start the hearings August 29, as early as August 29, to bring back senators for that. That would give Democrats more than a month to review. Is that a sufficient time? I know some Democrats are trying to drag this out and they are insisting on a later date. Do you agree with them?

NELSON: Well, I don't know, because I'm not a member of the Judiciary Committee. And -- and the nomination is properly before the Judiciary Committee right now. And they ought to make that decision.

But, once again, I don't think anybody ought to be interested in dragging this out. But I do think that a thorough review of the -- of the appropriate documents is in order. That's what the hearing process is all about. So, I certainly support their effort to get the documents. I support their effort to get the right amount of time. And, at this point, I leave that up to them to decide in both cases.

SYLVESTER: Well, let me just switch gears really quickly here. The Pentagon is now talking about a true pullout as early next spring or summer. How does the U.S. achieve this, though, given the situation that the Iraqi police forces are not quite -- they're not even really close to standing on their own two feet at this point?

NELSON: Well, I think it's going to be very difficult to pull out any significant number of our troops or of the coalition troops until there's a general belief that the Iraqis are in a position now to provide their own self-defense and their own self-government, maybe, in some instances, with our support and our help.

But I -- I would like to know more about what the percentage of their capability is. Are they 50 percent capable of their self- defense? Are they now about 50 percent capable of their self- government, with a constitution hopefully about to be finalized? That's -- those are the questions that I've got. What percentage of capability do they have? If we can answer that, then I think we can begin to decide about the drawdown.

SYLVESTER: Important questions. All right, thank you very much, Senator Ben Nelson.

NELSON: Thank you.

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