her older brother. right now, we are listening to questions of her on a number of topics. let's listen in. >> most of our elected officials who deal with these issues every day. the concerns raised, senator are when acts that are taken with a goal towards protecting and preserve be the integrity of the vote act in a different way and act to suppress the vote or in some way prevent people from exercising the franchise. >> hope that at the first outset through the political discourse and discussion that we could have conversation about that and come to a resolution of practices and procedures that would ensure the right to vote for all citizens while still protecting the integrity of everyone's ballot. absent that, i believe that when laws are passed, the department of justice has to look carefully at their impact in making a decision about how to proceed. certainly there have been instances when voter i.d. laws

have received approval from the department under what was previously known at preclearance because they sought to simply regulate and protect the ballot as opposed to act in a different way but where there is an indication that the vote will somehow be harmed, i believe the department of justice certainly has the obligation to review that matter to look carefully at all the facts in evidence and then proceed accordingly. >> i couldn't agree with you more. i find it ironic and painful that at this moment in our history, as we celebrate with the movie selma and talk about 50 year anniversary of the voting rights act that states, many states on a systemic basis are making it more difficult more americans to vote without any evidence of voter fraud to back that up. in one state, 600,000 voters were precluded from voting because of new voter i.d. requirements.

in that same state a 93-year-old veteran was turned away a 70-year-old doctor turned away, people who were proud the vote, wanted to vote, turned away by new laws. sheet were people who had a right to vote and it troubles me that amidst all the celebration of the civil rights movement, we are finding a reversal of the most fundamental principle in preserving that right to vote. i appreciate what you had to say bit. i would say a word about the smarter sentencing act which i introduced with senator lee from utah a bipartisan measure with 32 co sponsors in an effort to take a look at the reality that not only does the united states have more prisoners per capita than any other nations, but the in many instances the sentences do not provide justice. attorney general holder, who is

not held in the highest highest regard of some members of the committee is a supporter of the measure. i hope you support it, too but won't put you on the spot without giving you a chance to look at it. as chairman of the constitution and human rights and civil rights committee, which was its name before this new congress, we had a hearing on solitary confinement. it turns out the united states in its prison system has more prisoners in solitary confinement than any other nation. we had testimony from those who had spent 10 years object death row in solitary confinement in texas, an even longer period of time in solitary confinement on death row in the state of louisiana and ultimately exonerated. they were not found to be guilty the devastating impact it has on the human mind and spirit for so many of these people who serve time in

solitary confinement many of whom are going to be ultimately released is something the federal bureau are prisons is now addressing. you've been a prosecutor for many years. what is your view when it comes to incarceration and segregation or solitary confinement? >> senator you raise important issues about the management of our prison system, which are charged with the ultimate -- being the ultimate repository for those we have concluded are seeking to harm americans but also charged with doing so in a manager that is constitutional, that is effective and that protects the safety of both the inmates and those guarding them. these are balance that is we have to strike. i take the view that certainly as we look at these issues, one of the benefits i believe of discourse like this and that i hope to have going forward with this committee is continued discussion on those issues. there are a number of municipalities, for example that are looking at this very

same issue. they are looking to remove solitary confinement for juvenile issues institutions, as well we have to look at the studies, listen to the evidence that comes before us and make the best determination about how to handle what can be a dangerous prison population but to handle it in a way that is both constitutional and effective. >> thank you very much. >> senator graham is next. >> thank you very much, miss lynch and congratulations on being chosen by the president. that is truly an honor i'm sure. do you support the death penalty? >> senator, i believe that the death penalty is an effective penalty, in fact my office most recently was able to achieve a death verdict there. >> how about a yes yes. >> so we have sought it, yes. >> that's good.

that's good from my point of view. i don't know about other people. sequestration. have you had a chance to look at the impact sequestration will create on your ability to defend this nation as attorney general all those who work for you? >> senator, with respect to sequestration, i have had an opportunity to review that matter very closely through my work on the attorney general's advisory committee and as united states attorney dealing with the budgetary limit that is came down with the implementation of sequestration. as you are familiar with the history, perhaps far more than i, it did constrain the federal budget greatly about 18 months ago. >> is this a fair statement if congress continues to implement sequestration, it will devastate the department of justice's ability to defend this country? >> i believe that is not only a fair statement but one that warrants serious discussion about how we manage budgets in a responsible manager which i

know is important to this body, but also giving us the tools that we need to protect the american people. >> in your time in this business, have you ever seen more threats to our country than are presented today? >> certainly throughout my career as a prosecutor and u.s. attorney, we are seeing an increased number and probably the highest number of threats that i have seen, not just from terrorist activity, but the increased activity in terms of cyber crime is one that is not only increased numerically but qualitatively in the threats we face. >> we need to up our game in the cyber security area fairly quickly. >> we need to make sure we have the resources we need to keep up with cyber crimes and get ahead of these criminals in terms of detection, even before we get to the apprehension of these criminals. >> terrorists also are in the cyber business, is that correct? >> senator you've outlined perhaps the greatest fear of any

prosecutor is is that the combination of a cyber attack being carried out on behalf of a terrorist entity is one that we take great pains to prevent to detect and to disrupt but it is certainly an emerging threat. there are calls for resources beyond mere personnel but in terms of our own technology, also. >> does it cry out for congress to take a comprehensive approach to our cyber problems and pass legislation that would modernize our ability to deal with this threat? >> certainly a comprehensive approach is necessary. in my experience in the district of new york and talking to my colleagues all are struck by the prevalence of cyber issues in every type of case that we prosecute now much more so than five or 10 years ago. we must have not only a comprehensive approach, but one that allows government to work with private industry to come up with ways to protect us against this threat. >> could you give us an estimate if not now, in the future of

what it would cost to deport 11 million people. >> certainly senator, i can -- i wouldn't be able to give that you estimate now, and would probably have to reach out to the department of homeland security who would be charged with that particular action to see if they could provide that information to you. >> do you have a role in the deportation of people here illegally in the department of justice? do you have any role at all there? >> well, that role is initially in terms of deportation handled by the department of homeland security. there are the immigration courts through which individuals can seek either asylum or redress from deportation orders handled by the department of justice. that would be further along in the process. >> but that's part of the process. >> yes, it is. >> if you could maybe give us an estimate of what it would take to deport 11 million people from your lane, call the department of justice and see what they say, i think ile be in

instructive to us to see what the bill actually would be. now, do you think the national n.s.a. terrorist surveillance program is constitutional as it is today? >> i'm sorry. >> do you think the nsa surveillance program is constitutional? >> i believe that it's not only constitutional and effective. i know there are court challenges to it and we will abide by court regulations but it has been an effective tool. >> you're ok with it being constitutional from your viewpoint? >> certainly constitutional and effective. >> marijuana, there are a lot of states legalizing marijuana for personal consumption. is it a crime at the federal level? >> marijuana is still a criminal substance under federal law and it is still a crime not only to possess, but to distribute under federal law. >> you are not the doctrine of preemption would the federal law

prevent states who are trying to legalize the substance? >> senator i think you raise very important questions about the relation of the federal criminal system with the states, and their ability to regulate criminal law that they also have as there is concurrent jurisdiction and in terms of matters in which citizens various states have video. with respect to the marijuana enforcement laws, it is still the policy of the administration and certainly would be my policy if confirmed as attorney general to continue enforcing the marijuana laws particularly with respect to the money laundering aspect of it. where we see the evidence that marijuana as i've noticed in cases in my own district brings with it not only organized crime activity but great levels of violence. >> do you know michelle lynn heart, the d.e.a. administrator. >> she is the administrator of the d.e.a. >> have you ever had discussions with her on her views of

legalizing marijuana? >> we have not. >> could you have that discussion and report back to me as to what the results were? >> certainly senator i look forward to speaking to not just her but you on this issue. >> deputy attorney general james m. cole advised all u.s. attorneys that enforcing marijuana laws against those that are in compliance with state marijuana laws would not be a priority of the d.o.j. did you get that memo? >> all u.s. attorneys received that memo as did i. >> do you think that is a good policy. >> i believe that the deputy attorney general's policy seeks to try and work with state systems that have chosen to take admittedly a different approach from the federal government with respect to marijuana and determine the most effective way to still pursue marijuana cases consistent with the states and the choices that they have made. the deputy attorney general's poles as i understood it and has been implemented still requires

federal prosecutors to seek prosecution of marijuana cases particularly where we have situations where children are at risk where marijuana ising state lines particularly where you have marijuana trafficked from a state that has chose an legal framework into a state that has not and the in tenant harms in there, as well as those driving under the influence of this. a great concern certainly within the department and those of us who are looking at those issues is the availability of the edible products and the risk of those falling into the hands of children and causing great harm there. >> if a state is intend to go try to legalize personal consumption at a small level of marijuana, what would your advice be to that state? >> certainly i'm not sure if a state were to reach out to the department for its views and i don't know if that's happened or what advice has been given but certainly i believe the department would have an

obligation to inform them of the current federal stat tropical storm and the department's position that the federal narcotics laws will still be enforced by the department of justice. >> in 2006, you signed an amicus brief supporting planned parent hoods to partial birth ban. >> we signed the issue on how it might impact law enforcement said discretion and independence. >> the only reason i mention that is that if there's a republican president in the future and an attorney general nominee takes an opposite view on an issue like abortion, i hope our friends on the other side will acknowledge it's ok to be an advocate for a cause as

their lawyer that doesn't disqualify you from serving. same sex marriage, this may go to the supreme court very soon. if the supreme court rules that same-sex marriage bans are unconstitutional invites the u.s. constitution for a state to try to limit marriage to a man and woman that's the lay of the land unless there's a constitutional amendment to change it, what legal rationale would be in play to prohibit polygamy? what's the legal difference between a state a ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional? could you articulate how one could be banned and the other not. >> i have not been in the

argument or analysis of the cases that have gone before the supreme court so and i'm not comfortable undertaking legal analysis without undertaking a review of the relevant facts and precedent there so i certainly would not be able to provide with you that analysis at this point in time, but i look forward to continuing the discussions with you. >> from rhode island, ask his questions. this would be my plan and you till me if this will give you enough time. the rhode island senator senator lee will take is to 12:45 and i was thinking about coming back at 1:30, will that give you enough time? >> yes, thank you. >> congratulations on your nomination. i look forward to working with you as we go forward.

since there has been significant commentary about the penalty's immigration measures, the ranking member has asked me to put into the record letters from law enforcement leaders in ohio, utah iowa, indiana and wisconsin supporting the president's policies and concluding while the executive forms approve a broken immigration system approve only a fraction of what can be -- we continue to recognize what our broken system truly needs is a legislative solution and urge congress to enact comprehensive reform legislation. there's a similar letter from the national task force and similar statement from the president and c.e.o. of the

merick family which companies. i ask that those be made a part of the record without objection. there's also been considerable commentary about attorney general holder in a hearing to withstand his ability to defend himself if he were here. there are legal arguments and policies that fall outside a particular political ideology that does not make them outside the mainstream and it does not politicize a department to make those arguments or pursue those policies. i'd argue actually that it's the effort to constrain the

department within that ideology that would be politicizing. as a former united states attorney, i note that the department that attorney general holder inherited was in a very grave state of disarray and that's not just a matter of opinion. the office of legal counsel wrote opinions that were so bad so ill informed, so ill cited to the case law that pertained that when they were finally exposed to peer review, they were widely ridiculed and ultimately withdrawn by the previous administration. we witnessed efforts to manipulate united states attorneys and i know that you are one miss lynch that caused a very public rebellion among sitting u.s. attorneys at the time and that drew in past u.s. attorneys appointed by both republican and democratic presidents. we were exposed to hiring

practices within the department that were on their face overtly political, and had political litmus tests for hiring, a first in the democratic's history and ultimately a series of other issues, as well as those led to the resignation of the attorney general of the united states, so it's easy to critique attorney general hold he be and blame him for politicizing the department but i think history will reflect that the attorney actually brought the department back from a place where it had been sadly politicized, and i can say firsthand that a lot of my u.s. attorney colleagues, both from republican and democratic administrations were very, very concerned about what was happening to the department back then so i shouldn't waste the time of this hearing on that, but with all the things that have been said about attorney general holier without him having the opportunity to defend

and rebut i wanted to say that. some of the areas i think we need to work together, miss lynch when you're confirmed as i hope you will be, senator graham raised the issue of cyber security and he has been an extraordinarily helpful and forward-leaning member of the senate on protecting our country from the dangers of cyber attacks, whether it's ordinary criminal activity or the theft of intellectual property wholesale on behalf of chinese industries or the really dangerous threat of laying in the cyber sabotage trap that is can be detonated later on in the event of a conflict. i'm concerned about the structure within the department for handling cyber security.

it spread across the f.b.i., secret service and to a degree homeland security. it falls under the criminal division and national security division and i hope that with the assistance of the office of management and budget, you and i and the office of management and budget and other interested senators continue a conversation about what the deployment of resources and structure should look like against the cyber security threat in the future. will you agree to participate in such a process? >> certainly senator i think you've outlined an important issue and if squirmed as attorney general i look forward to working with you and all the relevant partners of this committee and throughout congress to make sure the department is best situated to handle this growing threat. >> there is considerable bipartisan legislation. >> you've been listening to our continuing coverage of the confirmation hearings of loretta lynch. they began at 10:00. we are now into our second hour

and 22 minutes. we will go to our in-studio guests. i'll start with you. how is she doing? >> so far so great, i think. i think she's answered all the questions thoughtfully,ar particular loy not going too far and making judgments on things she shouldn't make judgments on. >> you have worked alongside of her. dame my flied, did any member of the senate lay a glove on her that might damage her possibility of being confirmed? >> i don't think there's been damage. she had a little bit of a tangle with senator sessions. that's to be expect, over immigration, which i think is the toughest issue for her here because of president obama's executive action. i think she needs three republican votes in committee to get to the full house and she'll get those. i want to point out the significance of this moment.

you talked earlier about her background on the shoulders of her father. >> literally on the shoulders. >> literally on the shoulders of her father, his work with the civil rights workers the sit e. ins that he helped otherwise. today they've cleared nine of those convicted of sitting in at the lunch counters and so think of how far -- >> history going full circle. >> -- she's come and one of the senators raising selma the movie, also selma the marches. we're having voting right roll backs and conflict between law enforcement and community of collar. whoever the attorney general is, it will be fascinating -- >> also a female in a body often accused of being somewhat mail and somewhat sexist. >> we've only had one other female attorney general janet

reno. >> steady as she goes, she stays the course, she will do well. >> as you see the optics a word you here phrase add lot how do the optics look, does she look like what one would expect to be the next attorney general of the united states? >> she sounds like a true blue life long prosecutor and ultimately that's what this job is about. yes, she'll have to deal with congress and high profile matters that have a political aspect to them, but at the end of the day she's got to run you know, a prosecuting democratic and what you see from her is somebody very experienced. >> very committed to that. >> she seems independent. that's critically important for the administration but really important for this committee independence. she stress that had throughout and i think if they're convinced of that, they're going to give her the votes. >> did she manage? i don't know that she was actually trying to do this, to separate herself from her

predecessor eric holder? we should point out that she is good friends with his wife. >> they've known each other since college. >> the lovely dr. sharon malone. >> exactly, and you know them, as well. i think she did that but at the very last time, the last senator questions her pointing out that mr. holder is not there to defend himself and taking below zero. there was a little defense of attorney general holder just before we came out. >> did you see anything that surprised you anything that would indicate that washington is going to change her or that she is going to change washington? >> no. i did note at some when she was talking about her relationship with congress and the committee she talked having a new and improved relationship. obviously that wasn't anything said specifically -- >> in fact she has to deal with a republican and the president.

>> i think it's been very smooth sailing for her thus far as we talked about at the beginning. i've been through a lot of these hearings both as a journalist and when i worked in the white house, she seems comfortable in the chair. didn't seem shaken even by the tough questions from senator sessions. i think she'll come back after the lunch break and give solid answers. she seems honest, focused and very poised. that's what you want in an attorney general and most of all, independence. >> jami floyd alan vinegrad, thank you both for being with us. the questions today was polite. that could change with more pointed questions on other issues but that said, no one believes that at the end of the day the person that you are seeing here loretta lynch will not be confirmed by the u.s.

senate. when and if she is, she will become the nation's first african-american female attorney general, replacing eric holder. you have been watching since 10:00. this is our continuing coverage of the confirmation hearings of loretta lynch. talk to al jazeera featuring dick cavett is next.

>> people always say that nonsense, you can't speak ill. why not? >> brief en counters, conversations, magic moments and assorted hijinx is full of personal anecdotes. the host of the show has met and interviewed just about everyone who was someone. >> the phone rang. ali picked it up and heard, "darling?" and he said "this ain't darling. this is the only 3-time heavy weight champion in the world. and i am lying in your bed and ". >>