i have seen lindsey graham now for ten years on capitol hill, including from back when he was in the house of representatives, he's nothing if not an iconoclast and nothing if not someone who comes at people from very unusual angles. i can remember several instances where he spoke very bluntly to his own republican leadership in the house and a lot of people were very upset. i think what he was referring to no those quotes about the temperament of sonia sotomayor came from actually a standard thing within the legal community, and that's a polling of attorneys that have appeared before her in court. these are typically anonymous, and that's what he was referring to there. i don't think that he was quoted any particular slanders or attacks against her that were anonymously printed against her in a newspaper. i think this is a regular procedure in many courtrooms. but the way he asked her that and the way he said to her at the end, you know, i think, you know, saying you pause for a little self-reflection, i think

a lot of people will view that as patronizing to say the least. that's lindsey graham. i think you have seen a high level of cordiality from republicans who, of course, would like nothing more than to see this nomination crash and burn but are mindful of the fact that cordiality is very important for all the republicans th reasons that you mentioned on the political side of things. >> mike, i think you got it exactly right. the possibility of patronizing with the idea that lindsey graham is suggesting to this very accomplished judge that she needs to reflect on something as a result of this hearing. the blogs are already going crazy over this. >> it could be interpreted as taking a time-out like a child. cool out and clear your head and get your temperament together. again, we don't want to interpret what anybody has to say. i'm sure senator graham will explain his line of questioning. he did say she barring a meltdown would be confirmed and he was very cordial to her but certainly it takes one sentence to perk up ears and you have the ears now perked up. >> tamron, thanks as always. we appreciate it. "hardball" with chris matthews

will continue our coverage, the sotomayor confirmation hearings continue. chris matthews take is one you do not want to miss. "hardball" with chris matthews starts right now. chris? race, guns, abortion, capital punishment, anger management, al qaeda, the whole she bang. let's play "hardball." good evening i'm chris matthews in washington leading off tonight. let's find something to fight about. nothing that sonia sotomayor has said has received more attention than her now famous wise latina woman comment that said that she could re7nder erender a better judgment than someone else. she started today by saying this to the committee chairman. >> i want to state up front unequivocally and without doubt, i do not believe that any

ethnic, racial, or gender group has an advantage in sound judging. >> that wasn't good enough for alabama republican jeff sessions. the ranking republican on the committee who hit her hard on the issue. that's when she went further and said that she had said what she had said about a wise latina woman being able to give a better decision was bad. it was bad she was forced to say. we'll get an evening update on the day's hearings from senator arlen specter, a veteran judiciary committee member. plus, more on those reports that dick cheney ordered the cia to withhold information about an alleged plot to kill al qaeda leaders. i'd like to know what gives the vice president of the united states the legal right to do any such thing. the house intelligence committee is now asking the agency to provide documents about the program. "newsweek" investigative reporter mike isikoff is cover this story and he'll be here tonight. we also have one of our

funniest guests coming her, bill maher. something tells me he has some great material on sarah palin coming our way. and speaking of palin, there was a terrific comment today in today's "toronto globe and mail," the major paper in canada, pointing out the oddity of how they love the inexperienced sarah palin so much but are ready to hate the self-made sotomayor and how this is exactly the kind of thinking, if you call it that, that's driving the party off a cliff. we'll get to that in the fix. and, finally, we have a useful translation of what people in these supreme court confirmation hearings are saying and what they really mean when they're saying those words. from ron fournier is great reporter with the associated press. he will give us a decoder ring to figure out what they're saying in the "hardball sideshow" tonight. we begin with day two of the sotomayor hearings with senator arlen specter, a member of the judicial committee. senator specter what did you make of that back off by the nominee about how i was bad.

it's almost like little person talk. it's almost juvenile talk, i was bad to say that comment about a wise latina woman perhaps offering a better judgment than someone else in a court case. >> well, chris, i think she's just trying to put out a mild fire, but what she said they're making a mountain out of a molehill about it. she was making a statement of self-confidence. you and i make those statements all the time. she thinks she's competent, and very often people are put down on the basis of race, ethnicity, or one reason or another, and she was just asserting herself. it is by no means a major matter, certainly not a disqualifier. >> what do you make of lindsey graham, your colleague on the republican side, saying if he had said something like that in reverse, if he had said a white guy can make a better decision in a court case than someone else, that he'd be out of business politically? do you think that was overstating the case? >> i think lindsey is wrong.

i think lindsey is so talented he could make a mistake like that and much bigger mistakes, lots of mistakes, and still be elected in south carolina or anywhere. he's so talented. listen, gaffes are made by people all the time, and quality guys like lindsey graham outlive them and survive them. so had he made a statement like that, i think he'd still be a united states senator. >> let's get to a hot issue, affirmative action and the appropriate way the law should read on that right now. you're the expert on this. the whole question of the courts, you're an expert. let's go to this question. the ricci case up in new haven where the appellate court upheld the decision by the district court and said it's okay for the new haven city council to basically throw out a test because the results basically had no african-american passing the promotion exam. if you'd sat on that court, that appellate court, would you have given that narrow cursory decision or would you have acted

in a way that might have set a better precedent here? >> well, i would have sought to decide the case. these affirmative action cases going all the way to bakke have been very, very subtle with very, very nuanced distinctions, and they can really go one way or another. what you want to do is you want to be fair. you want to have an opportunity for minorities to get jobs, but you don't want to discriminate against white people who are competing for the same jobs. when you have 5-4 desist significances, chris, nobody can say who is right and who is wrong because the court is going to change, and they're going to come down with a little different decision i could give you lots of situation which are indistinguishable and the courts have gone both ways. >> let's look at what the nominee herself, sonia sotomayor, had to say about the ricci case. that's the new england case involving -- new haven case

actually involving the firefighters who claimed they were the victims of reverse discrimination. here she is. >> in the end the body that had the discretion and power to decide how these tough issues should be decided not along the precedent that had been recognized by our circuit court and another, at least the sixth circuit, but along what the court thought would be the right test or standard to apply. and that's what the supreme court did. it answered that important question because it had the power to do that, not the power, but the ability to do that because it was faced with the arguments that suggested that. >> i'm just wondering how she's square that is with her skament that they made in that duke university speech a while back where she said the circuit level in which she serves was the place where policy is made, and

then to say that she was sir cup described in what she was allowed to do. isn't it a place where a judge is allowed to establish a precedent or is it one where you just have to go along with something that had been decided at a lower court level or by some other circuit court? >> the circuit court can make whatever decision it chooses interpreting the law unless there's a supreme court decision which determines the decision. if another circuit decides it, the second circuit can disagree. and -- >> so it's fair to say that she should be judged as a person who agreed with the district court in that case, that she liked the decision they made and she upheld it. she thought it was okay to throw out a test in which they didn't like the results. >> she thought the law on affirmative action was directed there and she decided it that way. >> okay. let's talk about an issue that's

obviously very hot in pennsylvania. we're both from pennsylvania. i am ultimately, you are the senator. let me ask you this about guns. explain to me what this whole discussion is about whether there's a fundamental right, whether the right that applies to the states as well as to the federal government. the federal government in the case -- the howard case, it's been decided it is an individual right, has nothing to do with militias, you have a right to own a gun. now, does that apply to the states? >> it does not apply to the states, chris. the determinant is that the court would -- the supreme court would have to say that the due process clause of the 14th amendment, which applies to states, incorporates by reference the second amendment. now, the court has said that the due process clause to the 14th amendment incorporates the 1st amendment right to freedom of speech, 4th amendment search and seizure, and so forth, but in an old case decided that it did not

apply to the 2nd amendment. >> what do you think? is it a second amendment right like when the kits studied the bill of rights in school. is it the fundamental right in the common way you use the term fundamental? is it like freedom of speech, freedom of religion, freedom of press, of assembly. is it one of the fundamental rights as americans that is god given or is it something that can be denied by a state? >> well, if i were on the supreme court, i would not make distinctions among the specified constitutional rights that are set forth in the bill of rights. here you get into analyses of what is fundamental and what is not fundamental, and i would say that if the framers -- when the framers put a right in the constitution, whatever the number was, and you start to incorporate rights of the first ten amendments through the due process clause of the 14th amendment, i wouldn't pick and

choose on vague distinctions like what is fundamental. i would include them all. >> okay. thank you for joining us, senator arlen specter who sits on the judiciary committee and will be one of those to judge this confirmation. coming up, do dick cheney have the skon institutional authority to keep congress in the dark about a secret cia plan to assassinate terrorists? and one of the democrats going to investigate this matter if ever? you're watching "hardball" only on msnbc. busy lifestyles can make it hard to get enough fiber and key nutrients in your diet. be proactive about your health with... this great-tasting chewable fiber supplement harnesses the goodness of real fruits and vegetables to provide you both natural fiber and protective antioxidants. its special blend of antioxidant vitamins c, e and beta carotene help support your long-term health and vitality. feel your best every day, even when you're on the go. try fiberchoice plus antioxidants. brand power. helping you buy better.

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waterboarding welcome back to "hardball." did dick cheney have the authority to conceal from congress a secret cia plan to dispatch hit squads overseas to track and kill senior al qaeda leaders? well, the house intelligence

committee has asked the agency, the cia, to provide documents about the program which may set the stage for an investigation of the plan and why it was not disclosed on purpose to the congress. "newsweek" investigative reporter michael isikoff reported on this story today and lawrence o dobl is an msnbc political analyst. first, you michael, who gives this vice president of the united states we just had for eight years the authority, since he says he's not a member of the executive branch -- no, seriously. who gives him the executive authority to tell the cia to do anything? to do anything? >> we went back and forth on which branch -- >> who gives him the right? why did they take orders from him on anything? i don't get this? >> ultimately the cia is part of the executive branch. the executive branch is answerable to the president. the president deg gates -- >> did he? did this president ever say to dick cheney you're in charge of the intelligence in this country? >> we know as a de facto matter he was playing a huge role in overseeing the intelligence

community. he'd go down to the cia and get personal briefings. he'd summon cia officials to his office -- >> the former president has billed himself still today, am i'm sure in his biography, as the decider. who decided to put together hit squads and keep that information from congress? >> well, from what we know, this is one of a number of plans that came up within the ranks of the agency, within the clandestine service, and, look -- >> who decided to keep it secret? we were told by "the new york times" in its lead the vice president decided that. he made a direct order to -- >> he told them not to inform congress about it, but first of all -- and to keep it secret, it was all secret at the time. i mean, every -- the president's order giving the cia broad authority to conduct lethal

operations against al qaeda remains classified to this day. we haven't seen the wording of the national security directive on that. we know of its existence. so -- but, look, everybody knew post-9/11 that the agency was going to try to kill top senior al qaeda leaders. we sent drones armed with hell fire missiles to kill top al qaeda operative in yemen far from the beatlefield in afghanistan. that became public -- >> let me bring in lawrence. there's a national security provision that requires the cia to notify the congress when it's doing these kind of things or if it's anticipating doing something like this. it didn't do so under orders from the vice president. what do we make of this? >> chris, it goes back to your first question which i think is the crucial question is where is the moment? where is the scene? in any of the investigative books that have come out over this period of time, where is the scene where george w. bush says to his vice president, this is your power. i'm going to hand you this presidential power. in fact, in bob woodward's first

book there's a scene on september 12th, the day after september 11th, where the vice president tries to grab the steering wheel by saying let me run a separate meeting. instead of the national security council. he was also interested in being the guy who would chair the meetings, and bush very specifically in that scene says no and really shoots down the vice president and says i'm going to run it. i'm going to stay in control. i have not found the scene anywhere that would justify what we're now reading in "the new york times" and other places that david addington, that cheney's aide was the guy who was in charge of deciding who in the congress would be informed of these things, especially when the law says, as you just said, the law says the president, the president, not the vice president, the president shall ensure that the congressional intelligence committees are kept fully and currently informed, including about actions they anticipate taking. where is that scene, chris? that's your first question. i don't know who has the answer to that.

when did the moment come when this power was handed over to cheney or it was seized by cheney? >> and i ask this in a broad context. we've been through this mike and lawrence because everybody has, in the role played by the vice president in the uncovering of the identity of that cia agent, valerie plame, and the whole question as to what he does and how much of a renegade he truly was. did he have any tether on him? did the president ever come in and say, what are you up to today? what do you have for me? >> that's only a question that george bush can answer -- >> well, have you ever seen the white house lay out on the west wing? there are about, 20, 30 feet apart from each other f the president wanted to walk around the corner to the office across, co-have asked. you're saying he didn't ask. >> you know, what took place between the two of them nobody has divined. clearly, as lawrence just pointed out, there was tension at times between bush and cheney, we know that. but we also know that cheney played an extraordinary role

throughout the bush presidency, particularly on intelligence matters. he fancied himself the expert -- >> he was the intelligence chief. the scary thing is he never felt the need to respond to public inquiry. he never answered questions even about who was on his energy task force. >> right. >> let alone what his role was with halliburton and all the rest of it. here he is, we find out now, okaying the concealment of a skraet operation by the cia. in fact, ordering it. i just want -- what was george tenet's response when he said you're not to tell the congress? george ten set a product of the congress. he was a staffer on the hill like i was and like lawrence was. i'm knotnot going to tell the pe i'm supposed to informed. i'm going to do it because you told me not to do it. >> if you go back in the context of the time, there's in question that george tenet was trying to establish himself with the bush white house -- >> after blowing 9/11. >> he was the favored --

>> after blowing 9/11, right? >> well, you know, the tenet people said at the time they were going in -- tenet was going in with hair on fire trying to warn them about 9/11 but they weren't -- sgroo y >> you mean on august 6th. >> there's plenty of blame to go around. >> let's look at dick durbin here. i don't buy this that we're all guilty. here is dick durbin talking about the concealment of that cia program from congress. let's listen. >> the executive branch of government cannot create programs like these programs and keep congress in the dark. there is a requirement for disclosure. it has to be done in an appropriate way so it doesn't jeopardize our national security, but to have a massive program that is concealed from the leaders in congress is not only inappropriate, it could be illegal. >> so you want the intelligence committee to look into this? >> absolutely. >> let me go back to michael and the law here. i'll git to lawrence on the law, too. i i understand the word assassination means killing political leaders. there's a gray area there, like knew nick.

munich. >> at one point does a person become a political leader and not a terrorist, an operative. >> a couple things. first of all, as we reported today that was in some part pat he wered after the israeli mossad operation to gun down palestinian terrorists -- >> which everybody saw in the movie. >> you also remember the mistakes were made. in one case they got a more rackian waiter who they mistakenly thought was a palestinian terrorist in norway and members of the mossad team were locked up by the nor weweg criminal justice system and spent time in jail. this was one of the things the cia was worried about. risk of exposure, risk they would send these squads into cities around the world and they might get -- someone might tip them off and they might get busted. but, you know, all that said, where was the authority? look, after 9/11 these guys -- we were at war. congress passed the authorization to use military force. they were military targets. so i don't think there would have been a lot of quarrel about

the -- >> next step, who is going to cover this for history. lawrence, it took a long time for the church committee mack in the '70s to get to the bottom what the cia had been up to all those years. the crown jewel, if you will. do you think anybody on capitol hill has the stuff, the stones, if you will, to call vice president cheney up there to get the answers out of him under oath. >> they don't as of today. they certainly didn't last week. it's hard to tell where it's going to be next week, chris. it's all about that momentum. if the momentum moves in that direction, they're going to be forced to do it, and then they will. and eric holder is also -- has the portfolio here that could get us into an investigation that does go on and into some real depth, and you know, chris, going back to your point about tenet, the director of the cia reporting to the vice president or not reporting to the vice president, it seems like we have a collection of people like tenet, for example, who loved his job too much. you got to remember as we do,

dick cheney ran the transition. dick cheney was the guy who was saying to president-elect, here is who i think you want to consider for cia, consider for defense. so tenet owed his job to che clearing cheney's transition filter. i think tenet got compromised at a character level and was owing more to cheney than he should have been. >> let me ask you, michael where he is? >> cheney? it's very odd that this week after all the speaking out he was doing weeks ago and months ago defending himself, defending bush administration policies, he's been completely silent. >> where does he hide? >> at an undisclosed location. >> it's not funny at some point. i think history will decide some big things about this guy. as well as scooter. i wish he'd write a book. i'd love to hear his chief of

staff tell the whole story. i don't think scooter libby was a renegade. mike isikoff, thank you. lawrence o'donnell. up next, we've heard judge sotomayor and her senate questions for two days. but what are they really saying? the associated press has actually translated what we've been hearing during these hearings and told us what they really meant. it's great. it's on the "sideshow" coming up right here on msnbc's "hardball." (woman) need to sell? re/max agents have the experience to get the job done. nobody sells more real estate than re/max. where do you want to be? that can take so much out of you. i feel like i have to wind myself up just to get out of bed. then...well...i have to keep winding myself up to deal with the sadness, the loss of interest, the trouble concentrating, the lack of energy.

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back to "hardball." time for the "sideshow." first up, tell us what you really think. how many times have you watched someone say something on tv and knew, just knew, what they were really saying? well, we can thank the good old associated press, ron fournier reporting, for doing the honor of giving us the real world translation of what supreme

court nominee sonia sotomayor, chairman pat leahy, and republican -- ranking republican jeff sessions were really saying during opening day hearings on her confirmation. we start with judge sotomayor herself. >> my career as an advocate ended and my career as a judge began when i was appointed by president george h.w. bush. >> what judge sotomayor really meant, well according to the ap was, i'm not as liberal as they say. bush appointed me. the senior guy. when senator jeff sessions said this -- >> i expect this hearing and resulting debate will be characterized by a respectful tone, a discussion of serious issues, a thoughtful dialogue, and maybe some disagreements. >> what he really meant, this republican, this is a life-time appointment, folks, we're not going to roll over and play dead. and my favorite, democratic committee chairman patrick leahy. >> judge sotomayor's journey to

this hearing room is a truly american story. >> that was a warning to republicans, if you love america, you're going to love sotomayor or at least do yourself a political favor and vote for her. well, there you have it. speaking of clever word play, listen to barney frank, chairman of the house financial services committee, as he talked message politics last night with my friend jon stewart. >> the unemployment rate continues to go up. what is the stimulus money doing? >> the stimulus money -- actually i will tell you i'm not supposed to call it stimulus. the message experts in washington have told us that we're supposed to call it the recovery plan, that that works out better with focus groups. i was puceled by that because i have found most people would rather be stimulated than recover. i don't know why i'm -- >> whatever floats your boat. time now for tonight's big number. remember last month when governor mark sanford jetted off to argentina to meet with his

love interest? well, sanford was there. while he was there, he got a bunch of calls from his chief of staff. 15 in all. and how many did sanford ignore? according to the state newspaper down there in columbia, all 15. governor sanford basking in that argentinean love nest, there's a mixed metaphor, ignored all 15 calls from his top staffer. tonight's "big number." when we return, the host of hbo's real time, bill maher, will join us with his unique take on politics. we'll get his thoughts on sarah palin's resignation, on what dick cheney was thinking about when he kept that secret cia assassination program secret. bill maher will be here right after the break. you're watching "hardball" only on msnbc.

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business worldwide. now back to "hardball." welcome back to "hardball." joining me right now is bill ha mer who hosts real time with bill maher on hbo. it's on live at 10:00 this friday night. god, bill, it was great being on your show. it was just great. thank you, sir. and i have to ask you -- >> chris, you were on fire that night. >> what is it like touring the south, as you just did? i'm looking and i feel like this is you with stickers on your trunk, greenville, new orleans, austin, dallas. i was just thinking, south carolina, the home of mark sanford. that must have been fun. and then you went to new orleans, the home of david vitter. i mean, you're making the tour. you got all those republican trouble spots. >> gee, i wish these dates were

upcoming, you're plugging them and i already did them. what good is this? >> i don't want to plug your show. >> i know. i had a lot of fun. chris, i love going to the south. the south is the funnest place for me to play because, you know, you go to a place like greenville or i was also in tulsa, oklahoma, let's plug that one, i did it in april, and, you know, there are so many progressive people who live in these states. now, of course, they're marbled in and surrounded by a bunch of hill biys and red necks, but the fact that they're just there is a very positive thing, and when i come to their town, they all come out of the woodwork and they come to my show, and i feel very good that these people do exist everywhere in the united states and i think they feel good that i didn't forget them and say i'm not going to go to that state, that's a bunch of hill biys. i went there and said i recognize there are people like this everywhere. i have a great time in the south. >> isn't it refreshing to me southern liberals? because the great thing about

southern liberals is they're not competing for the latest nuance of sexual freedom like in greenwich village. they are liberals meaning they're for black equality, for example. things like that that are pretty nice and wholesome. >> you mean new concepts. yes, and, i mean, you saw that all day with the sotomayor hearings. you know, all these white people, especially these white men, who are so incensed about reverse racism and sotomayor because, you know, the problem, chris, is for too long puerto rican women have had their boot on the neck of white men in america and this must stop. you know -- >> i just love lindsey graham going after her today about anger management. and here is a guy who was the biggest supporter of john mccain, and he wanted mccain to be president of the united states and he was wondering whether she might have a temperament problem.

did he ever check in with his number one hero on that point? >> temperament and background. they all act like, you know, her background as a puerto rican woman, i don't know how you walk around being that, is somehow different than, you know, like jeff sessions' background as a southern, you know, come on -- i mean he was sort of cast as a racist at one point, like that doesn't come into play in his decision making. >> no, he's made some unfavorable comments about the naacp over the years. let me ask you about this, how do you handle home state favorites like mark sanford or david vitter? i think you didn't make it to some of the other states where there's problem republicans, but they're all over the place. vegas has got a problem with ensign out there. there's so many of them. you have rick perry who wants to secede from the union down in dallas. you were down there. there's always somebody local to bang. >> right.

right. i love it, you know, and i don't shy away from it. you're right, i was just in austin and dallas, and i talked about rick perry who was just incensed about obama trying to give his state stimulus money to help the poor people of texas, and because of that he threw down the "s" card, the succession over stimulus money. and i said to them, please, texas, what will we ever do if texas sec seeds from the union. how can we get along without the state that's 48th in literacy and first in air pollution. there was a smattering of boos. i like to go into -- no, i mean, these people have a great sense of humor about it, and to arrive in south carolina as i did the day after the sanford story broke, and i actually kind of defended him. not that i'm defending hypocrisy or conservative christian right wing republicans, but, you know,

at least sanford was truly in love, and i think he looks very good next to all the other cheating politicians we've seen in recent years. i mean, this guy -- >> i'm with you on that, sir. >> what did we see in his e-mails? what's this? >> i'm with you on that one. especially after what ensign did. he just cashiered this lady and said, you know, i acted on my pleasure and selfishness, you don't exist as a person, where as this guy, you read the poetry of his letters and his e-mail he obviously, whatever you make of it, and mar tal faye dealt is obviously important, but whatever it is, it's the real thing it looks like, and it is what it is, you know. >> right. i mean, when you read about -- we're so accustomed to bill clinton with monica lewinsky and john edwards and eliot spitzer and, you know, all these politicians, ensign, as you mentioned, and it's just just sleazy. they're just having sex with the easiest road kill they can find. oh, my gosh, the door just

closed, my wife is in the other room, come over here and touch me. you know, it's just very condoleezsleazy, quick kind of sex, and this guy sanford, i tell you he could win women back if he just went to this mistress because obviously that's who he loves. that's the third act of the movie. the first act is he falls in love. the second act is he tries to reconcile with his wife, and the third act is the wife finally says, go to her. it's she you truly love. >> so, bill, bill maher, you're not married yet. do you love anybody? >> well, i love your show, chris. >> i just love that back and forth between you and larry king. i just loved it. you'd go after him on your show the other night about how many wives he's had, what, nine or something, and then he comes back to you and says now let's talk about you. you know what they say about -- anyway, that was high school and i love high school humor. bill, good luck with your show.

you don't need it but i love that show. >> since brando died, larry has nobody to kiss. thank you. >> you're great. bill maher, one of the funniest guys on this planet. real time airs fridays at 10:00 p.m. he's moved it up. it used to be at 11 11:00. up next, why did the same republicans who criticized sonia sotomayor just love sarah palin? what is this double standard here? a canadian -- well a columnist writing up in canada has had an interesting point that we can learn from. this is "hardball" only on msnbc. g b

coming up, the clock is ticking on health care reform. he has to get it passed this year. is he going to get it? we're talking president obama and his helt care plan. will he get it through congress in time this year? "hardball" returns after this. ♪

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we're back. time for "the politics fix" with the politico's roger simon and reuben of the san diego union tribune. thank you, ruben for joining us. let's look at something that was written in the toronto globe and mail. according to leading republican pundits, judge sotomayor is a hot tempered dim witted bigot whose jushl aktivism read nutty identity politics could wreak play havoc with the constitution, amayingly, these are the same people who continue to insist that sarah palin is qualified to run for president

of the united states. this grabbed me as a brilliant comparison. because the very qualities of sotomayor, which is up by your boot straps, studying hard, you know, bringing yourself up, and then this other person that they seem to like based upon no preparation like that, no homework, no scholarships, no effort to manifest, what's the story on the republicans? why do they like someone who has shown no sweat equity? >> because the question is ideology. they like conservatives better. there's a confusion in this column. aside from what you quoted which was the most sensible part, the author goes on and says sarah palin is a train wreck. she's the most scarily incompetent vice presidential nominee in history compared to a dog that, quote, peed all over the carpet. but she says she's not the subject of a vicious attack by the media. you know, the thing is the trouble with that analysis is it confuses where sarah palin

stands on the issue with how good or bad a campaigner she was. she wasn't a bad campaigner in the last campaign. >> right. >> so how can you blame republicans for saying, she's a conservative, not a bad campaigner. >> she can give a speech which separates her from 99% of most -- >> exactly. >> let me go back to ruben. television has destroyed the ability of most politicians to prove their oratorical skills. to hold an audience for half an hour, to turn on a crowd is a rarity and she can do it. that said, there are problems with sotomayor, are they ideological? are they background? are they what? they're going to vote against her. most republican senators will vote against her. >> yeah, i think that's true. the white house is talking about maybe getting ten republicans to come along, they'll be lucky to get that, but it's possible. a lot of it is ideological. a lot of is what's coming out in the hearings. the discomfort people have of a wise latina --

>> what about the temperament issue that lindsey graham raised when you have a governor up in a state who just dropped the job, who just in the middle of her four-year elected term just said, i think i'm going to do something else. does that say something about temperament or flightiness or what word would come to mind? >> it's situational ethics. i'm a fan of sarah palin in many records. you forgot to mention not only can she draw a crowd, 20,000 people strong in many cases. she lit up the mccain campaign. that's no small thing. every politician would love to draw crowds like that. there's a lot to sarah palin and her appeal to folks. back to sotomayor, i think the temperment issue a false one. this idea that somehow you go to the supreme court and you mellow out, that's not true. those folks -- >> what about mccain? what about mccain? >> and mccain has a famous temperament. >> lindsay graham loves john mccain, has supported him so

wonderfully, but everyone knows john can have a hot temper. to say he has a hot temper and she needs anger management, i'm sorry, you're laughing. he was tutoring her today. that was condescend. he was telling somebody up for the supreme court, you've got to work on that. >> he was doing that because rush limbaugh beat him up last night after he was too nice to sotomayor in his opening comments. >> he cares? -- rush limbaugh is saying if lindsey graham says you're going to make it unless you have a meltdown, what's the point of the hearings? come on, give us some guts. >> isn't that the worst condescending thing you've ever said on this show? you're saying lindsey graham takes order from rush limbaugh? a republican senator from south carolina -- >> i won't stoop so low, accused of being a ditto-head. >> awfully condescending with his remarks about giving people a second chance, you admit you did something wrong. there's a lot of the folks who don't think sotomayor did anything wrong, nothing to apologize for. >> what do you think of him

making her do this dog walk on the question of buying into his views of the war with al qaeda and how she had to accept all his language about them being an enemy, we have to not release them until the combat's over. it's like he was going in the whole direction of saying, unless you're willing to basically heel when i talk, unless you're willing to do exactly what i tell you, i'm going to vote against you. >> pretty tough. >> also, this is after establishing sonia sotomayor, being from new york, was at ground zero. so she would understand even better than lindsey graham the importance of the war on terror. so it was arrogant and condescending all at once. >> but i don't sense the republicans really, really dislike sotomayor. they know they're going to lose. it's a 12-7 vote in the committee. a 60-40 vote -- >> do you think anybody 30s she's an arrogant lefty? an arrogant elitist lefty? the worst kind of imagery. does anybody look at her that way? >> i don't think so. >> i don't think so either. let me ask you this. we know what an arrogant liberal looks like.

you're supposed to be above everybody else, better educated, superior, look down on everybody culturally, they don't go to the right movies, don't read the right books. i don't think she comes across that way. she sweated her way through college. >> they're not really angry with her. they don't want to be the party who blocks the first hispanic justice of the supreme court. it's a liberal being replaced by a liberal. not that important of a vote to them. >> okay. we're going to come right back. we're going to go back and talk about this whole question. i'm going to talk about, well -- let's talk about this health care thing. i think it may have hit a snag on this abortion issue. i think they're walking into a big problem they may still be able to avoid. we'll be right back for "the politics fix." this health care bill may have admit an iceberg the last couple of days. is your haircolor perfect 10? does it drip? or comb through root to tip? does the process feel endless? or 10 minute express?

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. >> ruben, you lead off here. we get the word the president is going to make tv appearances tomorrow, making the case for health care. he seems to have gotten the word on his trip overseas that he's got to step on the gas now if he wants to get this thing done. >> absolutely. and you know, what the problem is, it's democrats, members of his own party that have said all along, conservative democrats, blue dog democrats, this is a nonstarter, we're not going to stick our necks out on this plan. i'm not sure if the president

involving himself necessarily gives those blue dogs the cover fire they need, because i'm not sure how popular he is on this issue in their districts. also -- >> what do you make of the 19 house democrats who said there can't be any abortion funding in this bill, there can't be any national health insurance payments for abortion? what do you make of that? by the way, bob casey of pennsylvania yesterday voted with the republicans to ban any money from this bill that's supposed to be for national health going for abortions. >> it's the louisiana thing obama needs. the issue is complicated and divisive and controversial enough without bringing abortion into it. the american people are getting mixed signals are. they say they don't want to pay for the program but they want to cut costs but they want reform but don't get in the way of my doctor. they're all over the map. clearly politicians are trying to be responsive. it's a tough enough issue without bringing abortion into it. obama is in a tough spot. i don't think he gets this thing. >> i think he will but he's got to deal with this thing. is this going to be the straw that breaks the camel's back? >> yeah. >> it came from er