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Senate Proceeding on Aug 1st, 2007 :: 3:32:50 to 3:38:19
Total video length: 9 hours 35 minutes Stream Tools: Stream Overview | Edit Time

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Max Baucus

3:32:38 to 3:32:50( Edit History Discussion )

Max Baucus: in a law school. he was a clerk on the court of appeals for the fifth circuit, having experienced there. in a very unusual way in his 50's, he volunteered for the judge advocate general's corps,

Lindsey Graham

3:32:50 to 3:33:01( Edit History Discussion )

Lindsey Graham: volunteered to go to iraq and information a heavy combat zone as a volunteer. i've had occasion to talk to him at great length, and he's a very scholarly, intellectual, experienced lawyer, experienced

Lindsey Graham

3:32:50 to 3:38:19( Edit History Discussion )
Speech By: Lindsey Graham

Lindsey Graham

3:33:01 to 3:33:16( Edit History Discussion )

Lindsey Graham: jurist. i have put into the record detailed statements about many of his decisions where he has found in favor of the so-called little guy, finding in favor of people who had tortlaims for injuries sustained,

Lindsey Graham

3:33:16 to 3:33:31( Edit History Discussion )

Lindsey Graham: in favor of employees in employment cases. the only two situations which have been brought up in opposition to judge southwick are two cases where he concurred in the opinions -- two opinions which

Lindsey Graham

3:33:31 to 3:33:44( Edit History Discussion )

Lindsey Graham: he did not write. and in one of the opinions, it was a -- a custody case and the court found in favor of the father and there was a reference to the homosexual lifestyle of the mother, which is a

Lindsey Graham

3:33:44 to 3:33:51( Edit History Discussion )

Lindsey Graham: term that is used with some frequency. i think there could be more discretion in the term but the court found in favor of the father because of his community roots, because of the home he could provide

Lindsey Graham

3:33:51 to 3:33:58( Edit History Discussion )

Lindsey Graham: for the child and because of the -- of the father's income. the important thing about that case was its procedural posture. there had been -- with, that's -- that was the sum and substance of that

Lindsey Graham

3:33:58 to 3:34:09( Edit History Discussion )

Lindsey Graham: matter. there was a second case where the issue involved a racial slur which admittedly was reprehensible. it was said by an individual about a fellow worker who was not present at the time, the subject

Lindsey Graham

3:34:09 to 3:34:22( Edit History Discussion )

Lindsey Graham: did not hear the slur. there was an immediate apology. there was no workplace disturbance. the issue then came before an administrative review board and found that although the comment was reprehensible,

Lindsey Graham

3:34:22 to 3:34:33( Edit History Discussion )

Lindsey Graham: that it was not sufficient to have termination of employment. that issue then came back up before the appellate court on a very narrow question and the question was whether the decision by the administrative

Lindsey Graham

3:34:33 to 3:34:49( Edit History Discussion )

Lindsey Graham: board was arbitrary and capricious, which is lawyer talk for whether there was any evidence to support it. and the court felt that there was evidence to support the conclusion that it was not sufficient

Lindsey Graham

3:34:49 to 3:35:02( Edit History Discussion )

Lindsey Graham: for a firing. the case then went to the state supreme court and the state supreme court remanded on the limited question about having more detailed factual findings. but the supreme court of mississippi

Lindsey Graham

3:35:02 to 3:35:11( Edit History Discussion )

Lindsey Graham: agreed that the incident was not sufficient to warrant a permanent firing. well, that's the sum and substance of the objections. judge southwick ruled in a case where the trial judge had excluded evidence

Lindsey Graham

3:35:11 to 3:35:22( Edit History Discussion )

Lindsey Graham: that the plaintiff had a homosexual lifestyle and the judge southwick upheld the ruling that that would have been prejudicial, should not have been permitted to ask that of a plaintiff seeking only

Lindsey Graham

3:35:22 to 3:35:32( Edit History Discussion )

Lindsey Graham: to prejudice the plaintiff not having any bearing on the issue involved in the case. and that supported the conclusion that judge southwick in the custody casehat i referred to involving homosexual lifestyle

Lindsey Graham

3:35:32 to 3:35:43( Edit History Discussion )

Lindsey Graham: was not -- did not have any traits or indications that he was biased or prejudiced or unjudicial in his approach to that particular issue.~ it is my hope that we will take a look at the senators who vote.

Lindsey Graham

3:35:43 to 3:35:55( Edit History Discussion )

Lindsey Graham: and i understand there will be a tabling motion. we'll take a look at the underlying merits. but when we had the controversy in 2005, i urged my colleagues in the strongest terms to take a look at whether

Lindsey Graham

3:35:55 to 3:36:03( Edit History Discussion )

Lindsey Graham: they thought individually that filibusters were warranted against priscilla owens and bill pryor and janice roger brown. i ask my republican colleagues to take a look on the merits as to whether

Lindsey Graham

3:36:03 to 3:36:14( Edit History Discussion )

Lindsey Graham: it was warranted to talk abo a nuclear constitutional option. i make the same plea here today. let's not be bound by a party-line vote, ignoring the merits. there have been comments on the floor

Lindsey Graham

3:36:14 to 3:36:24( Edit History Discussion )

Lindsey Graham: today, as there have been in the past, about president clinton's nominees being improperly treated. and i agree with that today, and i agreed with it when it happened. and i crossed party lines.

Lindsey Graham

3:36:24 to 3:36:34( Edit History Discussion )

Lindsey Graham: and i have crossed party lines to vote for president clinton's judicial nominees when they were qualified. and i hope we will come in the senate, take a look at the individuals and take a look at the merits

Lindsey Graham

3:36:34 to 3:36:43( Edit History Discussion )

Lindsey Graham: and not move for a party-line consideration and not avoid a vote to have a man bottled up in committee. that smacks of the days of senator jim eastland. when the judiciary committee bottled matters

Lindsey Graham

3:36:43 to 3:36:52( Edit History Discussion )

Lindsey Graham: up and not having senators vote on them. and i can understand there are some senators who don't want to vote on judge southwick, but that's what we're here for. that's the pay grade, to vote. so i

Lindsey Graham

3:36:52 to 3:37:07( Edit History Discussion )

Lindsey Graham: urgey colleagues to look at this matter on the merits, and i just hope we do not have our actions here disintegrate to the kind of controversy we had a couple of years ago, but can move beyond this

Lindsey Graham

3:37:07 to 3:37:19( Edit History Discussion )

Lindsey Graham: to the kind of bipartisanship which senator leahy and i have been able to muster for the judiciary committee. i thank the senator from montana for allowing me to speak. and i know the senator from

Lindsey Graham

3:37:19 to 3:37:31( Edit History Discussion )

Lindsey Graham: south carolina, senator lindsey graham, has a few comments, and i expect to be very brief on the subject. a senator: mr. president? the presiding officer: the senator from montana. mr. baucus: mr.

Lindsey Graham

3:37:31 to 3:37:42( Edit History Discussion )

Lindsey Graham: president, might i inquire of the senator from south carolina how long he wishes to go. we've been trying to go back and forth. mr. graham: about five minutes. mr. baucus: because that will be three

Lindsey Graham

3:37:42 to 3:37:53( Edit History Discussion )

Lindsey Graham: on your side in a row. and we go back to this side. on this same subject? mr. graham: yes, sir. mr. baucus: mr. president, i ask the chair recognizes the senator from south carolina. the presiding

Lindsey Graham

3:37:53 to 3:38:05( Edit History Discussion )

Lindsey Graham: officer: the senator from south carolina. mr. graham: i appreciate the recognition. i would like to speak very briefly on the matter pending before the senate. the whole idea of the confirmation process

Lindsey Graham

3:38:05 to 3:38:12( Edit History Discussion )

Lindsey Graham: of judges has taken a kind of a wrong turn for many years now. there's plenty of blame to go around for both parties, but the one thing i would like to have happen in the senate for the good of the country

Lindsey Graham

3:38:12 to 3:38:19( Edit History Discussion )

Lindsey Graham: is make sure that when well-qualified people come before this body that they're put through their paces about their qualifications, that abilities, their disposition, their demeanor, inquire as to

Richard Durbin

3:38:19 to 3:38:29( Edit History Discussion )

Richard Durbin: how they think and what drives their thinking. at the same time understand that our job here is to confirm people who are sent over by the president, elections do matter. and that when we look at

Richard Durbin

3:38:19 to 3:39:34( Edit History Discussion )
Speech By: Richard Durbin

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