professor,once held by william howard taft, and as the first alexander m. bickel professor of public law.for almost 4 years i served as solicitor general of the united states, in which capacity i submitted hundreds of briefs and personallyargued about 35 cases before the supreme court of the united states.finally, for the past 5vfe years i have been a judge in the u.s.court of appeals for the district of columbia circuit, where i havewritten, according to my count-counts have varied here thismorning-about 150 opinions, and participated in over 400 decisions.i have a record in each of these areas of the law and it is forthis committee and the senate to judge that record.i will be happy to answer the committee's questions. announcer: we will continue with the bork nomination senate committee vote. the full senate voted 58-42 to reject the nomination. justice anthony kennedy even shall he filled the vacant seat.

announcer: i would like to at the outset indicate how i would like to proceed today and have memberthe ranking senator thurmond about this. i would like to withhold any motion at the outset and give each of my colleagues an opportunity to make a statement if they wish to on the nomination and i will have a brief statement and then we will proceed to voting and i will at that time indicate how i would like to proceed in look to the will of the committee but when i would like to do now is yield to senator thurmond to make a statement and then we will go through the entire committee and get to the matter of voting.

>> thank you mr. chairman. thank you mr. chairman. have thoroughly reviewed judge bork's background and qualifications. i believe he possesses all of the qualities necessary to be an associate justice of the supreme court. his intellectual capabilities are extraordinary. phi beta kappa, distinguished law professor, respected author, solicitor general of the united states and district judge on the court of appeals. he has received the highest thengs aba can give to american bar association to a nominate. court ofminated to the appeals and now his nomination to the supreme court. we fed 12 days of hearings.

these earrings were the most exhaustive and comprehensive into a judicial nominees qualifications that i can remember in my 33 years. however, i have been disturbed and -- of the methods advertising on radio, television, it in the press has distorted the true character and the exceptional qualities of judge bork. who feel those compelled to channel this lobbying campaign against judge bork. gerald ford, former president of the united states, introduced judge bork and action by the committee in full senate. during the hearings we also heard testimony from former , i wasustice who stated

so concerned about the disinformation by some of these four-page ads, that i felt as a member of the bar, as a citizen, i had an authorization really to say what i mean. there was never a nominee i felt had better qualifications. theudge bork is not in mainstream then neither mia and neither have i been. chief justice bork also stated, it was astonishing to think he is an extremist anymore then i am an extremist. senatorame vein, former adverseabout advertising said, the thing that is just directing to me is that it is really not just propaganda. propaganda you can understand. dot is part of the way we things. but in this case, i have never seen such misrepresentation,

such distortion, and such outright lies. i mean, there are people in very important positions in government who are lying to the american people. this was joined by others. others voicing their support for the judge. workssupporting judge nomination. the list of supporters does not stop there. illinois, ampson of former governor pennsylvania follmann three former deputy solicit -- solicitor generals.

distinguished law school deans and representatives of eight national law enforcement organizations with a membership of over 500,000 members. addition, a former presidents of the american bar association as well as many other respected people came forward. -- if you will please get quiet while i am talking i would appreciate it. ande are truly impressive respected individuals who have knowledge of our system of government and particularly our judicial system. i believe these people provide a strong endorsement for the presidents nomination of judge bork to be an associate justice supreme court. mr. chairman, i was particularly impressed by the testimony of the professor of law at west

virginia. who stated there were three shoulde felt judge bork pass in order to be confirmed by the senate. thee tests were is nominee's confirmation supported by substantial array of lawyers and legal scholars who are themselves well regarded professionals, independent of the administration, and to come from varied political backgrounds. an affirmative answer suggests the nominee is within the mainstream even though there may be professional opinion in opposition. second, does the conception of the role of courts, his views of doctrine and how he judges corresponding views of these matter carried by a significant number of others, if a nominee

has a substantial amount of professional company on such matters, it can hardly be said he is eccentric or outside the mainstream. third, as a nominee and as a the position of other judges on this court has an also been in the senate and reversed by a higher court. wasanswer to this question that the nominee does indeed legal viewsve outside the acceptable range but this is not the case with judge bork. his positions have been in line with those of a substantial number of his judicial colleagues and there have no rebuttals of his decisions. i believe judge bork meets all of these criteria. i say judge bork was candid and straightforward in his testimony

before this committee and this is to his credit. for all of these reasons i believe this committee should support the nomination of the sentence with a favorable nomination. >> senator kennedy. senator kennedy: i commend you great mannerng and in which you have conducted this. ofs is the bicentennial year the constitution in these proceedings have been a timely lesson of our commitment to the role of law to equal justice for all americans in for the fundamental role of the supreme basicin protecting our rights. this is not an argument about politics. it is a debate about the future of justice in america the record should show that those of us who oppose this nomination, democrats and republicans have

supported in the past. i voted to confirm president richard nixon's nomination of chief justice burger, blackmun, and justice lewis powell. i voted to confirm president gerald ford's nomination of justice stevens and i voted to confirm president reagan's nomination of two justices. confirm all but a tiny handful of the more than 300 district and circuit judges who president reagan has nominated to the courts in the past seven years. a judge works nomination is different as many of us in congress and millions of americans across the country have nominated -- recognized since the beginning. these hearings have given the nation an unusual opportunity to reflect on the cause situation

and what it means for our country and future. we have come too far to turn old the clock, reopen wounds, and reject achievements that continue to make america a beacon of hope and opportunity not only for our own citizens but for people throughout the world. in a broad variety of areas, judge works views lay some outside even the conservative mainstream of constitutional thought and against the tide of progress toward justice in america. rightsork's run on civil run-on equal rights for women, right to privacy and freedom of speech. and president reagan is wrong to try to put them on the supreme court. america deserves a justice who understands the meaning of justice in america.

the committee and the full senate should reject this nomination. senator hatch. the intenseow lobbying that has been done for and against. we would all like to distance ourselves from this critical tactic. just prior to the vote, i would ask my colleagues to forget just for a moment the loving. forget the newspaper ads, forget the radio commercials. forget the politics that played such a dominating role in this proceeding. i share the same opinion of senator thurmond. the ads in this manner and some of the outside lobbying has been abominable. i instead urged the committee to

turn its focus to wear. to be. that's on robert h. bork the compassionate individual. the capable individual. the caring individual. the considerate individual. now this is an individual who broke all rules by answering in great detail. every question we put to him for over thirty hours. never been done before. this is the individual who has a junior associate stood up to senior partners to prevent an ai -- anti-semitism from claiming another victim. this is the individual who stood up to colleagues at the department of justice on behalf of a black woman to prevent subtle discrimination from claiming another victim. this is the individual who stood by his former wife.

and made great personal sacrifices that our health was drained away from or by debilitating and eventually a fatal disease. this is an individual who after fulfilling active duty. after fulfilling an active duty assignment, willingly returned to his country service as a marine when the korean war pose such a national security rest of the song. this is an individual who gave nearly half of the sixty years to teaching and public service. issuing the enormous financial rewards that would have been his had just playing the used his talents in the practice of law rather than in favor of educating our children and assisting our government. this is the individual who won significant advances for civil rights and solicitor general. and never advanced a position on civil rights which was less sympathetic to the minorities and women than the supreme court itself. i particularly resent the implication that he is somehow less for civil rights than members of this particular panel where the supreme court itself. for that matter.

it seems to me this is the individual who took no position on civil rights cases in the five years as a judge less favorable to minorities and women in the position adopted by the supreme court. this is an individual of on question talent and ability and integrity. who has for years stated that the congress should be allowed to make policy because their elected representatives and that he is a judge. and an unelected judge what not -- should not oppose his own polis -- impose his own ideas on the social agenda of a nation. individual confirmed unanimously to two of the most significant posts of our government. this is an individual who all witnesses have a great. maybe one of the great. of our age.

and we can carry on this list indefinitely but my point is evident. we are not dealing today so only with politics. we are not dealing today solely with lobbying pressures. nor are we dealing solely with the single issue of marital privacy or homosexual privacy or abortion privacy or prostitution privacy or any of the other issues that the single issues that may interest one or more of us u.s. senators. we're dealing with an individual. in fact one of the most qualified individuals ever nominated by. it seems to me to one of the most important additional jobs in the whole nation. we are all buffeted by political pressures and we ultimately each have to do what we feel is right. but prior to casting a vote i ask each of my colleagues to reflect again on this remarkable record on this remarkable experience on this remarkable man of character. indeed the remarkable life of this individual who is before us

today. we've heard a lot of talk about compassion, about caring. and i simply ask this entire committee. demonstrate those same qualities that they aren't as they honestly reflect upon the life of this individual. and last but not least as important as robert h. bork really is. and he's important. and i think we all think it's through their parents what this committee to say. i hope there will be a vote and i believe there will be a vote on the senate floor. and i hope we all think through what's being done here. because if we politicize the judiciary of this country. i don't know how anybody can conclude otherwise and reject this nominee in the end. let me tell you we will lose one of the most valued freedoms and liberties and rights to freedom and liberty. that this country has and that's a full complete and independent than real judiciary.

i have overheard colleagues say words that have just about curdled my blood and hers if this goes down because of politics. every judicial nominees going to be scrutinized like this one once. i think they are all be scrutinized but they ought to be scrutinized fairly and politics should pay a relatively modest role in the overall scrutinization. here displaying the paramount role in the process are a complete judicial system may be in jeopardy. they have been independent up to now on when we've had these great issues on liberty on freedom of speech on civil rights, etc.

by gosh, we've had judges who were willing to stand up and not test the wind before they made their rulings. and robert h. bork has been one of them on the bench. and i think we'd better all think it through. so i thank you mr chairman and to make this. these two comments. >> thank you senator from west virginia senator byrd. the chair and i stated my position on yesterday. and i do not need to elaborate on that position as of now. i would do that on the senate floor at their progress and let me just say that i compliment the chairman of this committee for the fairness and the thoroughness.

the dedication to the fulfillment of the senate role on the constitution which they've all displayed. on the question of politics. which chairman. i have sought to do everything that i could possibly do to avoid the appearance of. pure partisanship on this nomination. the white house says. politicize this nomination. as much or more than has anyone else. as the leader of the democrats. upon more than one occasion. i have urged democrats to avoid making this a partisan political issue. the sure criticism has not been made by those who testified before this committee. notwithstanding the fact that there has been money spent by organizations referred to time and again here. i find it hard to believe the american people did not get the vast majority of their information from those television cameras looking at us right now. would judge for was testifying,

and i know nothing about -- i am told millions of people were watching. it is true judge work testified for 30 hours. -- judge bork testified for 30 hours and was treated fairly by his own admission and then to suggest that the only reason people now are worried about judge bork is because some slanderous advertising seems to have in fact missed the point. all the money spent by all the interest groups for and against probably could not have paid for mark then monday of the television, for more than one portion of the television covered here. i think the american people are pretty smart. the american people are part of

a great constitutional debate. the debate is one as old as the republic. rolewas, what relative does the government play in the lives of individuals and what seed towe individuals our government or from judge rightsperspective, what did our government confer on us. that is the issue. it is as old as the constitution. senator hatch is very eloquent, and i mean this sincerely, his very eloquent statement on , this is andge bork individual we are speaking of. a man of honor and integrity.

but notwithstanding the fact that i must tell you honestly i feel sorry for him -- those sitting home at this moment watching this nomination go down and feeling, because we have all been there at one point in our lives, the personal loss he must feel at this moment. with all due respect this is not about judge bork, it is about the constitution. the resolution of a debate in its most fundamental form that can be put in my view as follows "do i have certain inalienable ,ights merely because i exist or do i have those rights because my government has ."nferred them upon me

is the latter, mine is the former. thatnever had any doubt once those issues were framed, the e.u., my colleagues address them, the american people saw them, there would be no doubt come where we publicly down in and where my colleagues come down. notwithstanding the fact that there has been, as almost all 32nd ads and full-page newspaper ads are, misleading. misleading about judge bork. in so i suggest to you all, that it was not merely a group of some -- a group of crazies we had thehat table, we most eminent scholars in the world. in the country, in the constitution. 40% of the legal scholars and

america, 40% of practicing law sayings signed petitions "do not put judge bork on the supreme court. 40%. 2000 of them. lawextremely distinguished deans came before sunset, this is the most qualified america judge, put them on the court. to a extinguished -- ,istinguished law deans said "do not put this man on the court." this was a debate with consequence. notwithstanding how we conducted it. the men and women who testified before's with a few notable exceptions were the highest intellect, highest integrity, the most reasoned people in the

law who spoke both for in against him. this was a debate about the constitution and more importantly, about the future. correctly,an count the one thing i learned from my first chairman on this committee and was 14 years ago, i have learned how to count. if i count correctly, the majority of this committee has concluded that the preponderance of the evidence is on the side of those who testified before sue said "do not put this honorable man with a narrow view of the constitution on the supreme court." so in conclusion i say to my colleagues, i believe notwithstanding the myths representation -- the misrepresentations, believe, and i say to my friend senator humphries, however wish that

second or third day of hearings of judge bork or lloyd cutler was on the front told of the paper instead of me, believe me. [laughter] >> believe me. but, i think we have belittled the institution and the american people to suggest that the conclusion reached i our colleagues and the conclusion apparently temporarily reached by the american people was a consequence of a handful of interest groups spending $1 million to hoodwink us all. much more than that transpired here. " mother is not a man who sits is bettermmittee who in four -- who is not better informed on the constitution today than when this began.

there is not a press person out there who is not that are schooled in what the constitution is about band they were before this constitution began in there is not an american who observe these hearings regardless of whether they liked or disliked any of us anticipating, who did not learn something about the substance of the doctrine it and the essence of the debate. this has been a debate at its and theut principle inncipal that is at stake the senator's view, is not whether or not judge bork will turn back the clock. not whether or not judge bork will bring back segregated lunch counters or anything like that. but whether or not the constitution will be read with all of its and ogling language ennoblinging --

exchange in a way that does not stifle it. i prefer the latter view. decided onimately be the floor of the senate. without any further do, i would ask my statement be put in the record. we've had 12 days of hearings, , it seems toesses me for the senate to be denied the purpose and function of this many in the first place would be .or us to of not done our jobs so, as i indicated as a ranking member -- to the winking member earlier, the chair is going to put forward a motion and if need be, three motions in the following order. i will first move that judge

be reported to the floor of united states senate with a favorable recommendation. moveat fails, i will then for there to be a vote to report judge for to the floor with a negative recommendation. dictatesat fails, it we would have a vote to report robert bork to the floor without recommendation. and so that is what the chair plans on doing and unless there is discussion, i would make the motion that we report robert bork out with a favorable recommendation. those in favor of the bork nomination will vote aye. those opposed will vote no. the clerk will call the roll. call]

>> the vote is five votes reporting they verbally, nine -- nine votesg against reporting favorably. the motion fails. i know plessis second motion, the motion to report robert bork's nomination to the floor with a negative regulation. the clerk of the role. vote] all

>> the nomination of robert bork is recorded to the floor of the united states senate with a negative recommendation of 9-5. the senator from wyoming. >> mr. chairman, i really -- mr. chairman, admired your remarks and you comment about the very human aspect of judge work. i wanted to report to all that i talked to him last thursday, was not going to say this but he said, did you call to cheer me up? i said, no, not really, but i am thinking there is a chance we'll get to the floor and have it all

heard. he said, do not feel any anguish or despair for me. you know, i am a big boy and i know full well what is happening. i have a fine job and i will be doing it for the rest of my life if i don't go to the supreme court. i just want you to know that i thought about the first -- worst word in the english language is "pity." to make it clear that i do not in any way pity judge bork but i would be less than candid with you if i did not tell you that i feel badly for him at this moment. announcer: interested in american history tv? visit our website. presentationsing and watch archival films and

more. american history tv, had history.rg\'s stor >> anyone involved in short-term stating is on edge. that is a common term. they want edge. there is this white edge that is kind of uses. the gray zone. and then black edge, which is clearly inside information. announcer: sunday night, talking about the insider trading case against a hedge manager and his firm. information, dirty money, and request to bring down the most wanted man on wall street. >> the two central characters at the heart of the story in my book are these two former or .olio managers

matthew and michael. his case is on appeal. convicted, butas his conviction was later overturned after an appeals court made a ruling and made it much harder to convict someone of insider trading. >> sunday night at 8:00 p.m. eastern on c-span q&a. author and historian richard frank talks about americans post-world war ii occupation of japan. mr. frank discusses general douglas macarthur's relationship with emperor hirohito, and set up food distribution networks for a population on the brink of starvation. ofs hour-long talk was part a conference at the national world war ii museum in new orleans, entitled 1946, year zero, triumph and tragedy.