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Senate Proceeding on Nov 1st, 2007 :: 6:21:52 to 6:30:40
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6:21:48 to 6:21:52( Edit History Discussion )

i actually met him 43 years ago this fall when we both entered law school -- yale law school together. we were in the same small groupll in contracts, the occupant of the chair will appreciate the intimacy

Joseph Lieberman

6:21:52 to 6:21:55( Edit History Discussion )

Joseph Lieberman: and how well you get to know somebody when you're in a small group with a demanding contracts contracts professor together. the mike mukasey i met 3 43 years ago was honorable, he was bright bright,

Joseph Lieberman

6:21:52 to 6:30:40( Edit History Discussion )
Speech By: Joseph Lieberman

Joseph Lieberman

6:21:55 to 6:21:58( Edit History Discussion )

Joseph Lieberman: he was not presumptuous, he had a great sense of humor and he had a strong sense of values, of what i would call honor, to him. i've kept in touch with mike over the years. i can't say we've seen each

Joseph Lieberman

6:21:58 to 6:22:01( Edit History Discussion )

Joseph Lieberman: other a lot. but i've watched his career grow with great pride. a private practitioner, a distinguished and successful assistant united states attorney attorney, a judge who has been exstroomly

Joseph Lieberman

6:22:01 to 6:22:05( Edit History Discussion )

Joseph Lieberman: well-regarded by all -- extremely well-regarded by all who have come before him, as was testified before the judiciary committee on his nomination, handled some very difficult indications, ruled

Joseph Lieberman

6:22:05 to 6:22:08( Edit History Discussion )

Joseph Lieberman: in cases -- handled some very difficult cases, ruled in some cases cases regarding allege ed terrorists, did so to his own personal risk, had a personal de detail with him after threats he received

Joseph Lieberman

6:22:08 to 6:22:12( Edit History Discussion )

Joseph Lieberman: after one of these case cases. i am honored to say that judge mukasey asked me to introduce him to the judiciary committee a alongside his senator -- senator schumer of new york. and i said then what

Joseph Lieberman

6:22:12 to 6:22:15( Edit History Discussion )

Joseph Lieberman: i will say here. the man that i met 43 years ago today is today is today the same man, a real sense of values, a commitment to public service, a man of the law law, not a man of politics, exactly the

Joseph Lieberman

6:22:15 to 6:22:18( Edit History Discussion )

Joseph Lieberman: kind of person america always needs as attorney general p , but particularly needs as this moment. and i thought he handled his nomination hearing extremely well. now there is rise ing opposition

Joseph Lieberman

6:22:18 to 6:22:22( Edit History Discussion )

Joseph Lieberman: to this nomination, based on judge mukasey's answer to a single question, which is whether he would say that water boarding technique of interrogation is torture. judge mukasey has preferred to give

Joseph Lieberman

6:22:22 to 6:22:25( Edit History Discussion )

Joseph Lieberman: the easy -- i might say politically correct -- answer, and he's argue ed with us, he's educated us, i would add, to understand that his answer is not about whether we're for or against water boarding.

Joseph Lieberman

6:22:25 to 6:22:28( Edit History Discussion )

Joseph Lieberman: he says to himself that the techniques described -- this is -- i'm reading of a letter of october 30 of this year from judge mukasey to members of the judiciary committee who had written to him --

Joseph Lieberman

6:22:28 to 6:22:31( Edit History Discussion )

Joseph Lieberman: i was asked at the hearing and in your letter questions about the hypothetical use of certain coercive interrogation techniques. as described in your letter, these techniques seem over the line and

Joseph Lieberman

6:22:31 to 6:22:34( Edit History Discussion )

Joseph Lieberman: on a personal basis repugnant to me. close quote. so this is not to say that judge mukasey is for water boarding much that's not what's at issue here and we should not allow it to become so. he

Joseph Lieberman

6:22:34 to 6:22:38( Edit History Discussion )

Joseph Lieberman: is responding sponding as a man of the law, as a judge, as a man who would be, if we allow him, exactly the kind of attorney general we need. he says, hypotheticals are different from real life, and

Joseph Lieberman

6:22:38 to 6:22:53( Edit History Discussion )

Joseph Lieberman: in any listen opinion the actual facts and circumstances are critical. as a judge, mukasey continues, i tried to be objective in my decision making. and to put aside even strongly held personal beliefs when

Joseph Lieberman

6:22:53 to 6:23:08( Edit History Discussion )

Joseph Lieberman: is assessing a -- when assessing a legal question because legal questions must be answered based solely on the actual facts, circumstances, and legal standards presented. a legal opinion based on hypothetical

Joseph Lieberman

6:23:08 to 6:23:23( Edit History Discussion )

Joseph Lieberman: facts and circumstancesay be of some limited academic appeal but has scant practical effect or value. end of quote. so, bottom line, the judge is saying, water board b something re repugnant, but i

Joseph Lieberman

6:23:23 to 6:23:41( Edit History Discussion )

Joseph Lieberman: cannot say, as a matter of law, that it is torture under the law because i don't know exactly what water boarding is and how it's use ed. and i have not seen the prevail prevailing legal memos that

Joseph Lieberman

6:23:41 to 6:23:55( Edit History Discussion )

Joseph Lieberman: have governed -- because they're classified that have governed interrogations. he says, i have not been briefed on techniques used in any classified interrogation program conducted by any government agency. so how,

Joseph Lieberman

6:23:55 to 6:24:11( Edit History Discussion )

Joseph Lieberman: he is saying, can you expect me to essentially issue a legal opinion when i don't know the facts and i can't know thean facts until and unless you allow me to be attorney general. and then he says something,

Joseph Lieberman

6:24:11 to 6:24:28( Edit History Discussion )

Joseph Lieberman: i think, very important in this letter. he writes to the judiciary committee members, "i do know, however, that water boarding cannot be use ed by the united states military because its use by the military

Joseph Lieberman

6:24:28 to 6:24:43( Edit History Discussion )

Joseph Lieberman: would be a clear violatio of the detainee treatment act. that is because water boarding and certain other coercive interrogatio n techniques are expressly prohibited by the army field manual on

Joseph Lieberman

6:24:43 to 6:24:54( Edit History Discussion )

Joseph Lieberman: intelligence interrogation and congress specifically legislate ed in the detainee treatment act of 2005 that no person in the custody or control of the department of defense or held in a d.o.d. facility

Joseph Lieberman

6:24:54 to 6:25:12( Edit History Discussion )

Joseph Lieberman: may be subject to any interrogation tachy teak techniques not listed in the manual." so here there is a law and he has made clear that because there is a larks he definitely believes waterer boarding

Joseph Lieberman

6:25:12 to 6:25:26( Edit History Discussion )

Joseph Lieberman: cannotin be use ed by department of defense personnel. the fact is that the detainee treatment act of 2005 did not explicitly ban water boarding as -- or other specific techniques of interrogation,

Joseph Lieberman

6:25:26 to 6:25:40( Edit History Discussion )

Joseph Lieberman: as use ed by employees of the federal government, particularly employees of our intelligence agencies. the detainee treatment act banned shall and i quote -- "cruel and degrading and in inhumane treatment."

Joseph Lieberman

6:25:40 to 6:25:54( Edit History Discussion )

Joseph Lieberman: judge hugh casey says "in the absence of legislation expressly banning certain interrogation techniques and all circumstances one must consider whether a particular technique complies with relevant legal

Joseph Lieberman

6:25:54 to 6:26:08( Edit History Discussion )

Joseph Lieberman: standards." and he simply cannot do this in the absence of a clear legislative spletion expression by congress that water boarding constitutes torture without seeing the documents, without understanding

Joseph Lieberman

6:26:08 to 6:26:25( Edit History Discussion )

Joseph Lieberman: the definition of water boarding, as applied in particular cases. hes a man of the law. he is saying, as he said in his testimony -- and in this letter -- no one, including the president, is above

Joseph Lieberman

6:26:25 to 6:26:39( Edit History Discussion )

Joseph Lieberman: the law. it would be very easy to remove any doubts doubts and opposition about his confirmation if he just said in this letter, water board something torture. but -- water boarding is torture

Joseph Lieberman

6:26:39 to 6:26:52( Edit History Discussion )

Joseph Lieberman: torture, but he responds to a higher authority. it is the law. in a nation that claims to be governed by the rule of law. in his testimony before the judiciary committee, he was repeatedly questioned in

Joseph Lieberman

6:26:52 to 6:27:10( Edit History Discussion )

Joseph Lieberman: regard to his independence, and following attorney general gonzales's close relationship with the white house, the members of the committee were clearly interested in whether judge mukasey would be independent

Joseph Lieberman

6:27:10 to 6:27:25( Edit History Discussion )

Joseph Lieberman: of the white house. -- of the president. he said that he would do what the law required him to do. no one is above the law, including the president. in refusing to tell questioning members of the judiciary

Joseph Lieberman

6:27:25 to 6:27:41( Edit History Discussion )

Joseph Lieberman: committee, colleagues of ours, what they want to hear in this case, he is also showing his independence. he's saying he will not be pressure ed by members of the united states senate, including those

Joseph Lieberman

6:27:41 to 6:27:56( Edit History Discussion )

Joseph Lieberman: whose confirmation -- who will determine whether he is confirmed or not, he will not simply tell them what they want to hear if he thinks it is not the legally responsible thing to do. that is exactly

Joseph Lieberman

6:27:56 to 6:28:11( Edit History Discussion )

Joseph Lieberman: the kind of man i want, and i believe we all should want, as attorney general of the united states. so he is putting his confirmation as attorney general at risk because he believes it would not be

Joseph Lieberman

6:28:11 to 6:28:25( Edit History Discussion )

Joseph Lieberman: justified as a matter of law for him to conclude, without benefit of documents that he cannot see now now, that water boarding is torture. and for this will we reward this good man, this public

Joseph Lieberman

6:28:25 to 6:28:37( Edit History Discussion )

Joseph Lieberman: servant, this distinguished judge, this man of the law by rejecting his nomination? here is the kind of independence independence, the kind of allegiance to the public interest and the rule of law that

Joseph Lieberman

6:28:37 to 6:28:53( Edit History Discussion )

Joseph Lieberman: the american people want to see more of in washington and not less. so it's why i repeat what i said at the beginning, to reject the nomination of michael mukasey because he refuses to say what some

Joseph Lieberman

6:28:53 to 6:29:06( Edit History Discussion )

Joseph Lieberman: members want him to say on this question, and he refuses as a matter of sincerely held legal belief what his legal responsibility is, would be grossly unfair and , an unjust act to this judge. may i

Joseph Lieberman

6:29:06 to 6:29:20( Edit History Discussion )

Joseph Lieberman: suggest an alternative course to my friends on the judiciary committee. and members of the senate who hopefully will get to consider this nomination. confirm judge mukasey, based on his overall record of

Joseph Lieberman

6:29:20 to 6:29:34( Edit History Discussion )

Joseph Lieberman: service, his obvious intelligence, and honor and integrity. the extent to which he will raise the morale of the employees of the department of justice. look at his entire record. don't turn him

Joseph Lieberman

6:29:34 to 6:29:46( Edit History Discussion )

Joseph Lieberman: down and deprive the nation of his service as our chief law enforce er because of one legal opinion he has reached has different from yours. confirm him and then as attorney general he will have access

Joseph Lieberman

6:29:46 to 6:30:00( Edit History Discussion )

Joseph Lieberman: to the documents about water board boarding. he will have access to the people who may or may not have been involvedn it. he will have access to the prevailing legal memos, and then demand that

Joseph Lieberman

6:30:00 to 6:30:40( Edit History Discussion )

Joseph Lieberman: he issue a legal opinion and respond to your questions question. but don't reject a man of the law, exactly the kind of man america needs today as our attorney general. i thank the chair, and i yield

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