now, frank richie and matthew markrelli join me now. let me ask one question.start at the end and work my way backwards. frank, i'll start with you. do you want judge sonia sotomayor on the supreme court? >> sean, as i said today, that's really beyond my legal expertise. so my experience with her was only that much of a after. we didn't even get a legal opinion from her, so the only thing i knew was that much, and really the sad thing was that she brought up my dyslexia, and it kind of took on a life of its own and made the case about frank richie, and whether it was about the 20 other new haven firefighters that took this case forward, it was all 20 of us standing together. sean: look, there's a lot that you testified to today, and one of the things you said, you studied harder than you ever had, you made flash cards, you were reading, listening to prepared tapes, you were a virtual absentee father, and you talked about how important this test was in terms of getting the best person for the job in that position, so in many ways sonia sotomayor denied you the p

not just frank richy. his name was the first one on the case but 18 of them. when you show empathy for one party, bob, you necessarily show a bias against another group. i just want to say i think pat and i would agree on this. we need to think through how we handle these cases today. and do it in a way that is effective legally and her opinion was rejected by the supreme court. it was a very important opinion. >> schieffer: will you try to stop this nomination or will you just use this as what some have said will be an educational moment? >> i hope it is is an educational moment because i think we are moving at a cross roads in american jurisprudence. are we going to adhere to the classical view of the role of a judge as a neutral arbitrator not out to promote an agenda on ideology or are we going to have a restrained judge who follows the law in case after case? >> schieffer: i'm sorry. we're going to have to end it here. >> she simply followed what the supreme court rulings were at that point. again five members of the court changed their position afterward

firefighter frank richie sued new haven for reverse discrimination. during an appeal sotomayor ruled against him. richie suggested that ruling reduced him to a racial statistic. the committee vote on the nomition of sotomayor is expected later they month. >>> coming up in this half hour of news4, new developments in a police brutality case involve aguila tino woman. a teenage sailor completed his around the world journey. and the state of virginia trying to get help in an effort to keep the rest stops from closing. >>> there are new details tonight about the man who was shot and killed by police officers just blocks from the u.s. capitol yesterday. he has been identified by police as kellen anthony white. today members of his family reacted to that incident and tracee wilkins has their story. >> reporter: police say 27-year-old kellen anthony ad dyanne, isdy m thean that was shot and killed by u.s. capitol police yesterday. capitol police spokesman say white shot at officers first after a traffic stop. >> a routine traffic stop the officers and capitol

. >> also testifying today, connecticut firefighter frank richie who told the comttee his story of the reverse discrimination case, serving as a federal appeals judge sotomayor ruled against the white firefighters. the supreme cour recently overturned that ruling. >>> pete williams,bc news justice correspondent here to talk us to about it. we heard from firefighters and opponents as well. anything surprising at all about the testimony today? >> no. because this was basically groups that had been invited by the two -- republicans and democrats. they wanted to give the folks their say. one thing that came out today, not in the hearing room, separately, i think that the republicans will care a lot about, natural rifle association after initially saying it wasn't taking a position said today that based on her testimony it will oppose her nomination and that may be important to some republicans because gun rights has been a big question in these hearings. >> frank richie did testify today. he was one of the people. >> he did. >> she had a response to this recent supreme court ruling in this

when the president of the united states goes after blue collar america after frank richie, after joethe plumber and now james crowley, there's trouble and i guarantee you robert gibbs wishes this hadn't happen. he said just because he used the word stupid doesn't moon he called him stupid that was an artful device. you seem to disagree q >> i think his spoken to the question was human and authentic. i think from a public relations standpoint, both the police officer who arrested a harvard professor after he ascertained that it was a harvard professor and president obama who criticized the police department from a public relations standpoint they both stepped in it. his response about the -- about racial profiling in general was a human one and one from his own experiences. >> surely it was the only spontaneous moment in the entire press conference so for that we can be greatful. we have two issues, racial profiling and the continued dialogue of race in america. i agree that's an issue. that's not what was at issue at the press conference. >> i wondered why she bothered, i figured she

formrmer dtrtrt attorney morgan thal, calling to testiti a agast the nominanationa a ew haven frank richie new hen fifire fifighr at the center of didiririmition, which many bebeeve sotomayor flowed evevling law and watctcheasas the supreme e ururt anged that law. ththe erican bar association h s now given the judgdge s s hiest ratingng well quaualifi.. it graded clarence t tmamas ly qualified. ananeven republican senatotor lindsey graham has saiaid, " honenest t thi i could vote for her." let's turn now the washingtgton pt"t" eporter, ththorf the litical blog "t"theix." good e enining >>>> gd evening. we musust also note about sesessnsns tt he was rejectedd y ththrerepuican controlllled judicially commimitt becacaushehe h what they pepercved at open hostility tot civil rights issueues. even a senatat f frohis home ststate teteagainst him. he is the sessions s stae e on sotomayor, i is a abo his own enda more than it is s som chance of raising g letitima esesons about her or deraiaili her nomination?? >> f fstst, have not talked to the senator a aut this,s,o i i not going t get io o dening

among those planning to testify ainst her is frank richie. judge sotomayor joined a decision in favor of the city. and that was reversed two weeks ago. republicans accuse her of being too willing to let her own sense of empathy guide her judging. >> to me that is contrary to our heritage. and if you have empathy for one party, have you not shown byiia to the other. >>> some members of congress are outraged this morning after learning they were completely shutout of a top secret cia program for years. and apparently then vice president dick cheney did not want them to know about it. the counter terrorism unit was put in place shortly after the 9/11 attacks. and the new cia chief found out about the program for the first time last month and pulled the plug. and democrats are angry calling for an investigation. >> to have a massive program concealed from the leaders in congress is not only inappropriate, it could be illegal. >> and there are reports this morning that attorney general eric holder is considering an independent investigation into c

what i'm more interested in is the questions, when frank richie starts testifying and folks are testifyingority and minority side, that will be interesting to see how the reaction is on the senate side. >> thank you, maria. for more on today's hearing, let's turn to laura flander, democratic strategist todd webster with us tonight and republican strategist john feary. are republicans taking a black eye in maybe going in the wrong direction with the judge, what do you think? >> i don't think. >> i think they've been mostly very respectful in their questioning. this is a questioning fight. they're asking the questions on the republican side, the kinds of questions that democrats asked of joj roberts and alito on the democrat side. there's not a whole lot of major headlines out of this confirmation hearing. lindsey graham said she's probably going to get confirmed. >> i'm a little worried about the target practice card you have up there. but with bullet crimes at the capitol and hate triem krooims, i think it's in poor taste. but moving on, this has been a lot of sound and fury signifying the

they are here because frank richie, of course, is going to testify, as well as lieutenant vargas, soare here in support of them t should be noted that very earlier this morning, judge sotomayor actually went over and greeted them, said thank you for them being here. of course, they are more the star witnesses for the republican side but nevertheless, she did acknowledge them and they are part of the scene here. chris? >> norah, thanks for that. back to amy klobuchar, of course, the senator from minnesota. >> which you have provided not only in this proceeding but you also provided it when you came before the senate for confirmation to the circuit court in 1997, 1998. and no senator at that time, do you remember them asking you about it or making any issue about it at the time? >> no. >> all right. thank you. now we can move on to what i want to talk

and frank richie, one of the new new haven, connecticut firefighters who case was just heard at the supreme court and judge sotomayor's decision was overturned. we will look at it sunday at 8:00 p.m. eastern time. join megyn kelly and me for "judging sotomayor." the sls administration says it takes you to tango. we will tell you what that means, and you may not like it. and more intrigue surrounding a u.s. senator bret: this is a fox news alert. fox news is confirming now that roland burris will not seek election to the seat hes was given following the election of president obama. burris' term expires next year. burris' office will only say that the senator will make some kind of announcement friday in chicago, but we confirming he will not seek election to that seat. illinois republican congressman mark kirk is expected to run for burris' seat. kirk is in his fifth term and represents the northern chicago suburbs. he says he will announce his intentions soon. senate majority leader harry reid says democrats are working on a system of non-profit cooperatives that could administer a new heal

. >> reporter: new haven, connecticut, firefighters, frank richie, and ben vargas were denied promotions and testified today to the senate judiciary committee. federal appeals judge sonia sotomayor failed to protect their rights by throwing out their case. they sued the city of new haven for disregarding the promotion exams they passed and after no black firefighters passed them. we saw basic fairness and even-handed enforcement of the laws. >> i expected lady justice with the blindfold on. >> reporter: this year the u.s. supreme court overruled sotomayor in the new haven case but this week, in her effort to win a promotion to the high court, sotomayor's been making the case that in 17 years on the bench, she's been fair. >> look at my record. and understand that my record talks about as person, what i believe in, and my judgment and my opinion, following the rule of law is the foundation of our system of justice. >> sotomayor might be winning over committee republicans. >> judicial record strikes me in the mainstream. >> reporter: coburn of oklahoma. >> you have very high esteem in my e

athose testifying against/frank richie, the new haven fireman at the centerof the verse discriminationat sewn in a sotomayor joined a court decision on for the city against the firefighters that wa reve by the supreme crt in its finalay in session. >> pete willm, thank you. >> you bet. >>> new video relea show thes the duistop of the woman police sashot and killed herself a her boyfriend steve mcnair taken just two ds before the shoong. mcnair was in the passenger's seathen she stoed her. and she dinot seem all that set when e pued her over. theyay in the back seat of a squad car, he took off in a cab and she started talkinto him on the speaker phone so the poce can hear everything he's telling her not to say to the police. >>> imagine eir disappointnt. 60 little kids shut out o a private swim club, told they can'come, even though their day camp paid2,000 for the privilege. why? the ds s it's because othe color of their skin. >> i ard this lady say what are l these black dsoing here? i'm scared sme might do somethg to my child. >> here's how the grown-ups explain t this is the presiden

and frank richie, one of the new new haven, connecticut firefighters who case was just heard at the supremecourt and judge sotomayor's decision was overturned. we will look at it sunday at 8:00 p.m. eastern time. join megyn kelly and me for "judging sotomayor." the sls administration says it takes you to tango. we will tell you what that means, and you may not like it. and more intrigue surrounding a u.s. senator and his tale of infidelity. ♪ well i was shopping for a new car, ♪ ♪ which one's me - a cool convertible or an suv? ♪ ♪ too bad i didn't know my credit was whack ♪ ♪ 'cause now i'm driving off the lot in a used sub-compact. ♪ ♪ f-r-e-e, that spells free credit report dot com, baby. ♪ ♪ saw their ads on my tv ♪ thought about going but was too lazy ♪ ♪ now instead of looking fly and rollin' phat ♪ ♪ my legs are sticking to the vinyl ♪ ♪ and my posse's getting laughed at. ♪ ♪ f-r-e-e, that spells free- credit report dot com, baby. ♪ we have ever created. a car that can help awaken its driver if he begins to doze... keep him in his lane if he starts to wander... even stop itself if he

. >> after lawmakers finished, they will hear from other witnesses, including frank richie. he is the firefighter who sued, claiming dediscrimination. sotomayor ruled against richie, that decision was later overturned. the city had dediscriminated against white firefighters by throwing out a promotion exam. harry, cbs news, the supreme court. >> a vote by the full senate on sotomayor's confirmation is expected early next month. allowing her to be sworn in as the newest supreme court justice before the new term begins in october. le overseas, nearly 17oppe e fear tedaddeonight afadr ter plane crash in anan thruss an denemaliirs jet down 16 minutes after taking off from tehran to armania. the plane smashed into nearby farmland, creating a crater and leaving a trail of wreckage. witnesses say the plane's tail was on fire and the pilot was looking for a place to land. the plane fell out of the sky and exploded on impact. most of the passengers are armanian. eight members of the team are among the dead. this is the world's third major airline disaster in less than two months time

as frank richie and those firefighters were discriminated against, as jennifer grauts, was discriminated kept out of the university of michigan which she set her heart on, even though her grades were far higher than people who were allowed in there. that's the type, affirmative action is basically reverse discrimination against white males and it's as wrong as discrimination against black females and hispanics and others, and that's why i oppose it. >> i ofbsly have a different view about it but want to give awe chance too explain -- >> why do you have a different view? discrimination against white males. >> let me ask you this -- why do you think it is of the 110 supreme court justices we've had in this country, 108 of them have been white? >> well i think white men were 100% ever the people that wrote the constitution. 100% of the people that signed the declaration of independence. 100% of people who died at gettysburg and fredricksburg. probably close to 100% ever people that died at normandy. this is a country built basically by white folks in this country who are 90% of the entire n

tonight came the moment many were waiting for, frank richy and other fire fighters that sotomayor ruled against testified in her confirmation hearing. they made a compelling case that in skirting the charge the promotion test results the city itself administered discriminated against minorities. the city of new haven discriminated against worthy firefighters like french ricci who did well in the test. >> in just a moment, we'll join the debate over the case of affirmative action and alleged reverse discrimination. >>> plus, the white house strikes back. the campaign season is upon us. we're talking off year. president obama's in new jersey this afternoon campaigning for troubled governor jon corzine. in reality, he is fighting for his own administration pushing back against rejectionist democrats and stubborn republicans in congress. also, how will we supposed to view the c.i.a.'s failure ordered by vice president cheney to inform congress on its hit squad program? a vie lafgs the public's right to know or the latest example of how the agency is being used as a political football. "wash

something or david cone, the former mets pitcherwho willppear on her behalfor say something or frank richie, e newaven firighter who will be again her, something is bnd to happen because it cat bes smooth as we ancipate. >> lehrer: do agree >> i dot think it will be as smootas davidthinks its going to be. and i also don't think we're going to ha some kind of clence thomas like bombshell either. ere is as amy walters said not -- amy walters saidhe reublicans might want to keep their poer dry and wait until e next one. they don't have a lot of powde it's apretty thin case. >> lrer: about her. about her. it a pretty thin case to try to go again judge sotomayor as david had said and th haven'treally tten traction with any of their arguments. nonetheless i'm actlly not nvinced that's going to stop them. senator sessions who is t new rankingember of the committee sd in an terview that he tnks her confirmation was foregone conclusio i think h's wrong about that. but i think that that is signal that there is going be aot of fiworks before the inevitle conclusion wch is that she will be confirmed. a

. >> reporter: among those planning to testify against her is frank richie, the new haven fireman whosued for reverse discrimination. judge sotomayor joined a court decision in favor of the city. the supreme court reversed that ruling two weeks ago. >> you'll get a fair hearing before this committee. >> reporter: republicans accuse her of being too willing to let her own sense of empathy guide her judgment. >> if you have empathy for one party, you've shown bias to the other. >> reporter: some republicans may not want to see her confirmed by september. democrats believe they have the votes to do it. >> pete, thank you very much. pete williams at the supreme court. let's bring in david gregory. moderator of "meet the press." good morning to you, david. they say it will be a show about nothing. what are republicans going to accomplish? >> you heard senator sessions make the point that they want to try to lay a foundation here and really make the argument that she's practicing activist judging and making decisions based on identity politics and not on impartiality which is what a judge i

michael bomberg, the mor of new rk, and some of the people oppod, frank richie, the new ven firefighteras rled against in the reverse discriminaon casen connecticut. >> let's take a quick brk. and we will come back again. the proceedings again 10:00 a.m. eastern time. chris mahews is ging to be your shepherd for those proceedings as we take a moment to transition fromne of the most transparent and amerin of events to one othe most opaqu opaque. at was di cney's privat armydoing? did he have one? what is the state of relations between the american intelligence community and those that fund american intelligence and supervise it? is this jst a pissing match or problem for thefuture? we will have that coersation whwhen wreturn. in six different ways? introducing listine® total care. everything you need to strengtheteteeth, help p preve cavities, and kikill g. introduci 6n 1 listene® tot care. most complete mouthwash. d to complete your ral re routine add superiorlae removal in places at a hard to reach with reach® toothbrusush and floss. get t the cplete routine, ach® and listerinene tot c

finished with this period of questioning, a lot of attention been given to the lead plaintiff, frank richie, who is dis lexic. i was struck on july the 3rd in the new york times when they featured another firefighter who will testify here today and that was benjamin vargas, the son of the puerto rican parents and found himself in the odd position to say the least, of being discriminated against based on his race. based on the decision by the circuit court panel that you sat on. the closing of the article, because lieutenant vargas, who hopes to be captain vargas as a result of the supreme court decision because he scored sixth on the competitive examination, at the very last paragraph in this article, it says gesturing towards his three sons, lieutenant vargas explained whi he had no regrets. i want to give them a fair shake, to get a job on the merits. not because they are hispanic or to fill a quote ta. he said what a lousy way to live. that's his testimony. i want to ask in conclusion, do you agree with chief justice john roberts when he says the best way to stop discriminating based on

frank richie sued the city of new haven for scrapping the results of a promotion test because not enough minorities qualified. sotomayor was part of an appellate panel that rejected the white firefighter's claim. the supreme court reversed the ruling last week. >>> this in ireland is drawing thousands of catholics to pray. historically religious pilgrimages are a key part of life in rural ireland. some thing the country's economic problems are causing many to lean on religion now. >> we'll get back to you. >>> a new report on lax security at federal buildings raising fears of bombings or other attacks on government property. we'll speak about that and more with the homeland security secretary, janet napolitano. >>> how the government is getting ready for the swine flu. >>> later, new glimpses of a former nfl star's final days before his death in what police are now calling a murder-suicide. which turned out to be the old-new docs... rather than the new-new docs. then bob dialed in from home and his... dog starts barking. so jen jumped in with her "two cents"... which katy missed because

ainsley: that's frank richie at the center of one of the most controversial rulings made by judge soniaentually overturned sotomayor's court decision in the reverse discrimination case and frank joins us along with fellow new haven firefighter matthew markrelli. >> good morning, steve, good morning, ainsley. >> if i could just say real quick, thanks to ed for the service to his country and all our servicemen and women across the world. steve: that's nice of you to say to ed jordan down there in texas who had his flag burned if folks missed it. in this particular case, you were denied advancement. you had, frank, studied really hard to become a higher rank in the fire department, and because enough minorities did not pass the test, would it be safe to say you were denied an advancement because of the color of your skin? >> yes, all 20 plaintiffs and all the individuals that passed the test based on merit and their qualifications were denied promotion strictly just because we were all viewed as a racial statistic instead of individuals. steve: and a lower court said that that -- agreed we

there's a rumor that people for the american way has -- that this organization has been smearing frank richiebecause he may be willing to be a witness in this. i hope that is not true and i know you have nothing to do this so don't think i am trying to make a point against you, i am not. maf point that that is the type of stuff that doesn't belong in supreme court nomination hearings and i know you would agree with me on matt. >> absolutely, senator, i would never ever endorse, approve or tolerate if i had any control over individuals with that kind of contact, it is reprehensible. >> i believe that and i want you to know i appreciate this little time we have had together. >> senator hatch, thank you. and i would also put in the record the because race related cases will come up independent study supreme court expert tom goldstein town of the 97 race related cases which judge sotomayor participated in the second circuit, she and the rest of your panel rejected discrimination claims 80 times, they greeted them 10 times, rejecting discrimination claims by a margin of eight to one. he found that

finished with this period of questioning, a lot of attention been given to the lead plaintiff, frank richie who is dis lexic. i was struck on july the 3rd in the new york times when they featured another firefighter who will testify here today and that was benjamin vargas, the son of the puerto rican parents and found himself in the odd position to say the least, of being discriminated against based on his race. based on the decision by the circuit court panel that you sat on. the closing of the article, because lieutenant vargas, who hopes to be captain vargas as a result of the supreme court decision because he scored sixth on the competitive examination, at the very last paragraph in this article, it says gesturing towards his three sons, lieutenant vargas explained whi he had no regrets. i want to give them a fair shake, to get a job on the merits. not because they are hispanic or to fill a quote ta. he said what a lousy way to live. that's his testimony. i want to ask in conclusion, do you agree with chief justice john roberts when he says the best way to stop discriminating based on r