i graduated from the harvard law school and i passed the bar but i had no clients of any kind. to get a telegram from the pentagon inviting me to come to the pentagon and they wanted to talk to me. i arrived there and they said dear, sir, they had never called me sir before, they wanted me to go back to germany to help with warcrimes trials. i had done that during the war days. the last several months in the war as we occupied portions of germany and france that had been occupied, we ran into examples of crimes of all kinds, the most obvious ones, what we called the allied flyer cases, very little is known about that. flyers were being shot down in german—held territory and they were almost invariably the can to death by the german mob. it was part of our first war crimes cases so i had that kind of experience with me when i left the army. i took that back to germany when i agreed with some hesitation to go back to germany and help with trials which would follow the international military tribunal. why did you hesitate? was it because you didn't want to...? it's a horrible expe

he's a graduate of dartmouth college andujar vard law school. -- and harvard law school. [applause] mark: thank you very much, elizabeth. good afternoon, everybody. i wrote a title for my little talk today. it will be about 20 minutes. title is, i knew him when. because we all know the phenomenon of somebody who hits a home run to win the world series or wins the power ball, emerging from obscurity and suddenly everyone asks the question, who is this person? who do we know about her or him? of course somebody who is nominated to the united states supreme court, that's an extraordinary thing. and when kneel gorsuch becomes the -- neil gorsuch becomes that nominee, obviously all eyes turn to neil. so the reporters and the public tracks back to the early days. to the people, the people like me, who knew him when. we love to get a little bit of reflected glory. i have a story i love to hear from a friend of mine. he's a legal academic. among other things he argued a very prominent case to the haitian refugees a number of years ago at the u.s. supreme court. and as he finishes

then we will be at harvard law school where the professor will examine the causes of mass incarceration. friday we are in ann arbor michigan where kevin davis will discuss the growing use of neural science in criminal defense cases. then a stop in rhinebeck new york where former deputy chief of staff to president obama will discuss her experiences in the white house. wrapping up the week, on saturday, book tv will be live at the virginia festival of the book in charlottesville. coverage includes a panel discussion on nuclear war with authors and a discussion on the media moderated by april ryan and featuring senior editor mark fisher. former cnn bureau chief frank says no. that's a look at some of the programs we will be covering. many are open to the public. look for them to air in the future on tv on c-span2. >> c-span, where history unfolds daily. in 1979, c-span was created as a public service by america's cable television companies and is brought to you today by your cable or satellite provider. >> biochemist sylvia tara discusses her book the secret life of fat which looks at the

again, you harvard law school, me, not so much. he said his client has a story to tell. that really got our attention. you don't say that loosely. >> i alighted on that comment as well, brian. that refers to the fact that mike flynn has largely been vilified in the press for one date, for december 29th, the day he had the conversation with ambassador kislyak, the russian ambassador, about how the united states and russia would jointly respond to the obama administration's sanctions in retaliation for russian interference in our election process. if he has a story to tell, which is what his lawyer has said tonight, it means he wants to describe the authorization he got. that's my theory. the authorization he got from above. did the president authorize him, the president-elect at the time, authorize him to be talking to the russians about that topic? >> also he comes into this administration, in this case, jeremy, this campaign and he's old enough to have been a cold warrior as a young soldier, comes into this kind of odd new normalization of all things russia and putin re

scholarship in addition to his administrative and judicial duties he's continued to teach courses at harvard law school and to write and publish articles and books analyzing important issues of law and government. judge breyer ranks among the fossils callers of the regulatory process and his knowledge and experience in this complex area ofhe law will be a major asset to all of the members of the supreme court from the day he takes his seat. his most recent book group ranges from leading experts on all sides of the debate. he sought to assure the public health and safety are protected while avoiding needless inefficiency and waste in government. not everyone agrees with all of his views but i suspect everyone will agree that the views have contributed immensely to our understanding of these complex issues in our modern society. in addition perhaps because of his service to the senate, judge breyer has emerged as one of the leading exponents of the view that wall should be construed in the manner congress intended. if confirmed, he will add a needed and well-informed perspective to the project questions

law school, and the united states naval war college. second, we'll hear from jane. she's a fellow at the harvard law school where his scholarship focuses on executive power. she previously served in the justice department's office of legal counsel during the obama administration and as an associate at kellogg hanson. she's a graduate of harvard law school as well as harvard college. she clerked for judge gorsuch and then for justice sotomayor. then finally, we'll hear from matt owen, who is a staff director and chief council of the u.s. senate permanent subcommittee on investigations, chaired by senator rob portman. he previously served as chief counsel to senator mike lee as a bristow fellow, and as a law clerk to judge gorsuch and justice antonin scalia. he's a graduate of the university of texas at austin and the university of michigan law school. jameel: thanks to the heritage foundation for having all of us and thanks to mark forgiving and thanks to mark forgiving such a tribute to judge gorsuch who is a truly amazing person. i'm going talk a little bit about the person that neil gorsuch, j

brand went on to receive her law degree from harvard law school. after law school, ms. brand embarked on impressive legal career in both private practice and public practice. in fact, she had at one time or another served in all three branches of government. she was previously confirmed by the senate as assistant attorney general for legal policy at the department of justice, and forre that she clerked justice kennedy on the supreme court of the united states. and perhaps the most prestigious of all, she worked as an intern for senator grassley. in addition to her public service, ms. brand has had a distinguished career in private taught as an adjunct law professor, and serves as a board member for doorways for women and families, an organization dedicated to creating pathways out of homelessness, domestic violence, and sexual assault. has shown time and time again a commitment to public service, and if she is confirmed, it is my understanding that she will be the first woman to serve the country as associate attorney general of the united states. i am honored to be her

i returned to harvard law school. and then i clerked for justice arthur goldberg, who became a wonderful life-long friend. after two years in the anti-trust division, in the justice department, i went back to harvard to teach and to massachusetts to live and for the last 27 years i have been privileged to live in cambridge and work in boston. i love teaching. i love my students. if i were to pick out one feature of the academic side of my life that really influence med especially, i think it would be this. the opportunity to study law as a whole helped me understand that everything in the law is related to every other thing and always, as holmes pointed out, that whole law reflects not so much logic as history and experience. academic lawyers, practicing lawyers, government lawyers, judges, in my opinion have a special responsibility to try to understand how different parts of that seamless web of the law interact with each other and how legal decisions will actually work in practice. to affect people and to help them

he has continued to teach courses at harvard law school and also continued to write and publish articles and books analyzing important issues of laws and government of the judge breyer is one of the country's most thoughtle scholar office the regulatory process and his knowledge and experience in this complex area of the law will be a major asset to all the members of the supreme court from the day he takes his seat. his most recent book on regulation drew praise from leading experts and he has south to make sure the public safety is -- not everyone agrees will off of his views but i suspect everyone will agree this views have contributed immensely to our understanding of these complex issues in our modern society. in addition, perhaps because of his service to the senate, judge breyer has emerged as one of the leading ex-pennes of the view -- he can opponents of the view that laws should be construed in the manner congress intended. he will add a needed and wish informed perspective. >> the outset, mr. chairman, i'd like to thank the committee, really for the serious attention that you

a graduate of columbia and harvard law school and oxford, a former law clerk to justi justie byron white, he has spent a lifetime in the law, building a record demonstrating that he would make an exemplary justice. the justice for whom he clerked, byron white was the only supreme court justice appointed by president john f. kennedy. and, anyone who watched the confirmation hearing last week would see a judge who's demonstrated a fidelity to law for a lifetime. despite personal attacks, unfair slights, despite political efforts to appease some of the activists, some of whom are gathered here today, there were no meaningful substantive concerns raised about judge gorsuch. indeed, if this were being decided on the record, judge gorsuch would be confirmed 100 o hypothesize about that because judge gorsuch has been confirmed 100 - 0 a decade ago when he was nominated to the federal court of appeals for the senate confirmed tim by voice vote. not a single senator spoke out against them. not diane feinstein, not patrick leahy, not barack obama, not joe biden, not hillary clinton. every one of t

he's a graduate of harvard law school and also is a former law clerk to justice scalia. and finally, elizabeth wydra, president of the constitutional accountability center. elizabeth is a graduate of yale law school and used to work at the quinn emanuel firm. what i'd like to do is not have the traditional kind of panel where people give little ten minute be canned speeches, but have or many of an interactive conversation, it's such a lively topic. and i've urged people not to wait for questions from me, but if they hear things they want to react to, to jump in. i think we'll have three little chapters, one kind of backward looking at earlier con fir be mission hearings and the garland confirmation and ask whether that casts a shadow over the gorsuch nomination, a more substantial conversation about judge gorsuch himself and then maybe look forward a little bit to what the court would look like if judge gorsuch is confirmed and what other vacancies are on the horizon. i'd like to start with kristine who has looked at the past several con fir haitians and just give us the

justice ginsburg: in the days when i want to law school, entering class at harvard, it was over 500 students. only nine were women. no antidiscrimination laws. employers were totally upfront in saying we don't want any lady lawyers here. we once hired a woman, she was dreadful. and how many men have you hired that didn't live up to your expectation? justice ginsburg: things we did complain about. harvard law school, we had nine women. there were two teaching buildings at the time. only one of them had a women's bathroom. you can imagine if you were in class. it is much worse fear taking a three or four hour exam and had to make the mad -- to the other building. we never complained. that is just the way things were. the feminist movement had revived in the united states, in part as a result of the civil rights movement, but also as part of a worldwide movement. the u.n. had declared international women's year. things were changing all over. and so it became possible to reak down into separate sphere mentality. the women's place was with the family, taking care of the home, and the man's place

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he's a graduate of dartmouth college and harvard law school. plauz [ applause ] >> thank you very much. good afternoon, everybody. i wrote a title for my little talk today, it will be about 20 minutes. the title is, i knew him when. we all know the phenomenon of someone who emerges from obscurity, and the question is, who is this person? somebody who is nominated to the u.s. supreme court, all eyes turn to the early days, the little people, like me, who knew him when. the vignettes of what he was like before he became famous. we like to get a little bit of reflected glory. a friend of mine, a legal academic, argued a prominent case for the haitian refugees in front of the supreme court. and he was on the steps, and from stage right, this figure came striding towards him saying, i want to congratulate my good friend, worked so tirelessly, my brother, my friend, he leans close, he says, what's your name? [ laughter ] i know neil gorsuch, and i worked with him for a decade. we practiced civil trial law together, across the united states, in a vari

he was a classmate of president obama's at harvard law school and has been described as politically tohe right of justice scalia. he served the court of appeals in colorado for the last 11 years. jeffrey rosen is president and ceo of the national constitution center, established by congress to disseminate information about the constitution on a basis.isan he's written lots of books about the supreme court. he joins us from philadelphia. nice to see you. thanks for talking with us. you know neil gorsuch personally. let's begin with how uss he is planning and preparing for monday's hearing. prof. rosen: i imagine he is anding lots of opinions congressional statutes, and he's reading his own opinions and preparing to respond to questions, especially from democrats about the constitutional philosophy of justice scalia. soledad: where does he stand in relation to scalia? prof. rosen: some analysis has suggested he might be to the right of justice scalia on certain questions, especially involving government regulation and the president's power to regulate the environment or the economy, but

he was a classmate of president obama's at harvard law school and has been described as politically tohe right of justice scalia. he served the court of appeals in colorado for the last 11 years. jeffrey rosen is president and ceo of the national constitution center, established by congress to disseminate information about the constitution on a basis.isan he's written lots of books about the supreme court. he joins us from philadelphia. nice to see you. thanks for talking with us. you know neil gorsuch personally. let's begin with how uss he is planning and preparing for monday's hearing. prof. rosen: i imagine he is anding lots of opinions congressional statutes, and he's reading his own opinions and preparing to respond to questions, especially from democrats about the constitutional philosophy of justice scalia. soledad: where does he stand in relation to scalia? prof. rosen: some analysis has suggested he might be to the right of justice scalia on certain questions, especially involving government regulation and the president's power to regulate the environment or the economy, but

she was elected phi beta kappa, major columbia law school she , was at two law schools. beginning at harvard and finishing at columbia soon she could be with her husband, when practice law in new york. never before than ruth bader ginsburg had someone been both part of the both harvard and columbia law reviews. with such a record, you would think it not surprising that she should be recommended to serve as a law clerk to supreme court justice frankfurter. neither is it surprising that a time she has changed, justice frankfurt thought it would be inappropriate to have a woman clerk. she clerked for judge edmond palmieri, and then entered the columbia law school project on international procedures. she taught at rutgers law school. then columbia, becoming one of the first tenured women professors in the country and then became the moving force behind the women's rights project of the american civil liberties union. the prime architect of the fight to invalidate discriminatory laws against individuals on the basis of gender. her imprint be o virtually every gender case which reached the supreme

expelled from harvard law school.awyers were very concerned that members of the jury who were supposed to kind of be impartial and neutral might see this, so the story behind the story is that, you know, martoma was a very ambitious student. he went to duke, he then gained admission to harvard law school. incredible accomplishment. after his first year, he starts struggling a little bit, surrounded by these very ambitious students and everyone is getting incredible clerkships preparing for and know,careers and you competing for these coveted summer jobs and martoma did not feel that his grades were quite good enough to get him one of these clerkship positions that he really wanted. brian: he got some b's, is what you're saying. sheelah: so he is alleged by harvard to have doctored his transcripts and apply for the clerkship and someone noticed something was off. and harvard, like all schools, they are very sensitive to scandals like this, so they conducted an investigation and concluded that martoma had falsified tran

jane is a graduate of harvard law school as well as harvard college. she clerked for judge gorsuch and then sonya sotomayor and then the staff director and chief counsel and chaired by senate rob portman. he previously served as chief counsel to mike lee as a fellow in the general and as a law clerk to gorsuch and antonin scalia. a graduate of the university of texas at austin and the university of michigan law school. we'll hear from you first. >> thanks to the heritage foundation for having all of us and thanks to mark for giving such a real tribute to judge neil gorsuch who really is a truly amazing person. i thought what i do for a few minutes, talk about the person that neil gorsuch is and the way he's affected my life in particular. i saw him in three different capacities over the course of time i've known him. when i first arrived at kellogg hanson back in 2004, judge gorsuch was a partner of the law firm and i was a young associate fresh out of law school and a clerkship with judge edith jones and i didn't know anything about the law. i started

harvard law school professor noah feldman who does call himself a liberal wrote an opinion piece on the subject that appeared last week on bloomberg.com. he opens this way. quote, i don't know who decided that the democratic critique of a u.s. supreme court nominee, judge neil gorsuch, would be that he doesn't side with the little guy. it's a truly terrible idea. mr. chairman, i ask that this column by professor feldman be placed in the record at this point. >> without objection, so ordered. >> judge, some of your critics question whether you have a solid track record of judicial independence and objectivity. in particular, they question whether you would stand up to the current president if he were to exceed his authority under the constitution and laws congress has enacted. so, mr. chairman, i ask consent to place into the roird an essay i wrote that appeared at scotusblog.com. >> without objection, so ordered. >> how would you respond to that type of criticism? >> a good judge doesn't give a wit about politics or the political implications of his or her decision. decides where the la

he's a graduate of harvard law school and a former law clerk to justice scalia. and finally the president of the constitutional accountability center, elizabeth wydra. what i'd like to do here is not have the traditional kind of panel where people give little ten-minute speeches, but to have more of it interactive conversation. it's a lively topic. and i have urged people not to wait for questions from me, if they hear something, to react and jump in. i think we will have three little chapters, one looking at earlier hearings and ask whether that casts any kind of shadow over the gorsuch nomination, or whether we should consign that to history. a more substantial piece of the discussion about judge gorsuch himself, and then maybe look forward to what the court would look like if judge gorsuch is confirmed and what other vacancies might be on the horizon. i thought maybe the best way to start is to start with christine, who has rolled up her sleeves and looked at the past several confirmations and just give us the briefest of overview of how these last four worked

he's a graduate of dartmouth college and harvard law school. >> thank you very much, elizabeth, and good afternoon, everybody. i wrote a title for my little talk today, which will be about 20 minutes. the title is "i knew him when." because we all know the phenomenon of somebody who hits a home run to hit the world series or wins the powerball, emerges from obscurity and someone everybody asks the question, who is this person? what do we know about her or him? of course, somebody's nominated to the united states supreme court, that's an extraordinary thing, and when neil gorsuch becomes that nominee, obviously, all eyes turn to neil. so the reporters and the public tracks back to the early days, to the people, the little people like me, who knew him when. first story vignettes of what neil was like before he became famous. and, you know, me, like everybody else, we love to get a little bit of reflective glory. i have a story i love to hear from a friend of mine who's a legal academic. among other things, he argued a prominent case for the haitian refugees years ago, as he finished his ar

brand graduated from harvard law school she was an intern in my d.c. office as you have been told by my colleague and clerks for injuthe justice the supreme court of maryland and justice kennedy and served as counsel to president bush and assistant attorney general of office of legal policy and prepared nominees to be sitting at the very place she is now. she specialized in counterterrorism and national security issues. in 2011, she became chief counsel for regulatory litigation of the u.s. chamber of commerce. she was a member of the privacy and civil liberties oversight board. of course, that board oversees federal agencies counterterrorism activities. in addition to her vast career accomplishments, ms. brand is on the board of an organization called doorways that helps women and children who find themselves abusive situations and provides support to these people. i am pleased to support someone who is well qualified with her previous positions and civil liberties and oversight board. she has experienced touches at every part of the federal governmen

law school. he is a graduate of harvard and the university of north carolina law school. next we hear from the partner of jones day and focuses on constitutional litigation and first amendment and civil rights matters. he has appeared before the supreme court several times and the state's efforts to criminalize. mike served in the justice department on the legal counsel and the civil rights division. he is a graduate of george washington university law school in tulane. finally, we'll hear from ed whalen. he is the president of ethics and public policy center and a very prolific contributor to national review online where he writes about judicial nominations and constitutional law. ed has worked in all three branches of the government and to the senate judicial committee and law clerk to justice scalia, a graduate of harvard and harvard law school. with that, i'll turn it over to you, ambassador. >> thank you very much. this is an honor to be able to speak. one small correction. in addition to being an ambassador to the eu, also a special envoy for eurasian energy affairs

joining me is emily basil on from of the harvard law school. lawyers how to write. it is something we all need across the board. emily: indeed. charlie: how did neil gorsuch do? emily: he did well. he did not botch an answer. he did not give opponents ammunition against him. he demonstrated fluency in the law without specifics that caused trouble. there is a question of whether the democrats have the kind of ammo they need to vote against the judge, as opposed to a symbol of the trump administration. he is not giving a whole lot of obvious talking points. it will be interesting to see how that plays and i assume that the republicans feel good about this. burden ofe has the proving he is independent. he asserted this with confidence. addressedent that he questions, i think that he did that. charlie: anyone who believes in a neutral supreme court guided should opposece the nomination. emily: she is responding to aspects of his record that suggest he is not a strong supporter of civil rights, having world against workers and government requirements that companies provi

. >> so -- and just to put a finer point on this because you're the one here who want to harvard law school after all, he's got something for them. he would have to prove to their satisfaction that it's the truth. immunity is a big deal, and we're talking about three different jurisdictions. they would have to have enough for him to make it worth his while. >> they would want to have to make a deal with him. those folks who want to be amateur lawyers should start downloadi ining the immunity statutes. most importantly, brian, you have to look from the north and poin dexter cases. those prosecutions were thrown out by the d.c. circuit and/or vacated. it is very hard to do this. you can only give somebody immunity, full immunity, if it's worth it. they have to believe that it's worth it in this case. >> we're happy to have julie pace on the broadcast tonight because her byline is the first draft of history of this administration. julie, having said that, with this development tonight, which really is weighty, can this administration these next couple of weeks really be about anything else? >>

. - my father's first cousin, george lee, graduated from harvard law school in 1949 and 1950, which is my birth year. - [evan] yeah. - and he married a black woman, dorthy hicks-lee, who was the first black woman to get a phd in comparative literature at harvard in 1955. - [evan] yeah. - my family story's fascinating. i'm descended from-- - this is kinda like an episode of finding your roots. - yeah. - are you going to cry or am i going to cry? - no, no. - okay, i'll try not to cry. - there was one son and three daughters. edward gates, i'm descended from edward gates. he's my great-grandfather. and they sent the three girls to college. edward gates senior was married to maud fortune-gates. they had three daughters and a son. edward saint-lawrence gates is my grandfather. - okay. - his three sisters were sent to college at the turn of the century. isn't that amazing? - it is amazing. - it is amazing. - right. - and they said, a woman needs to have an education to protect herself. - [evan] right. - the son inherited the 200-acre farm. - what's interesting to me though and of course you'

>> harvard law school graduates are very smart people. but at yale we developed a theory of legal realism. that was long before my time there that said judges can just decide anything they want. doesn't matter what the precedents are. they can find a came case and claim that backs them up it's a very serious situation. judge jeanine: what this judge said was i'm going to find animus against muslims based on what he said during the campaign. are you kidding me? and say i'm going to look for animus. what do you say to the head of g.e., what did you say to the broad in the bar the other night. not that i'm suggesting anything. i don't even know hot ceo of gevment is. >> in legal realism that we developed at yale law school which says judges don't have to be bound by the four corners of the contusion other laws of congress or the laws of state. it's whatever they want to decide. very dangerous situation. we have a situation where the judiciary is out of control, not bound by anything but themselves. we want a strong judiciary, but we don't wa

law. ed has worked all three branches of the federal government, serving in the legal counsel during the george w.h. bush administration. he's a graduate of harvard and harvard law school. with that i'll turn it over to you ambassador. >> thank you very much. this is an honor to be able to speak. one small correction. in addition to being an ambassador to the eu, also a special envoy for eurasian energy affairs. to get the pipeline built, to which i totally failed. but i was invited out to dinner as i was packing to have didn't were the european defense force general leak. british. in order to entice me to go which i couldn't do, he sent out the invitation which i was c. bodien gray, u.s. special convoy. so that really doesn't have anything to do with judge gorsuch. i don't know to confess as a preliminary matter judge gorsuch well, but i knew his mother extremely well because i worked very closely in the deregulation in the reagan administration. i think he learned as a teenager two things from his mother's experience, one how to control the agencies really were, and you see that and that's what i'm going to talk about a little bit, but also learned that you have to b

that in high school, so he enjoyed standing up and arguing and developing ideas and goingming and he ended up -- i have to double check -- either columbia or harvard. undergrad, columbia lawchool. there is a lot of ivy league badge within my book, so i end up producing them. he ended up working for chuck schumer, one of his chief legal counsel, and schumer is the one who recommended him for the job he has now which is u.s. attorney for the southern district job, one of the most know, inile jobs, you law enforcement. new york city has many of the most high-profile cases, terrorism cases, narcotics cases, complicated financial he was told and president trump want him to stay on in the role which surprised some people, because he was an obama appointee. brian: you talk about insider trading and i kind of learned from you that it is not that clear sometimes what insider trading is. -- iah: yeah, so i could mean, there is an easy way to explain it, which is by winning the title of the book. there were some employees at steve cohen's firm. type ofcribed different information. there was white edge, which was considered to be information that was publicly available, that anyone c

talking about a possibly phil nil filibuster to it, graduates from columbia university honest harvard law school s court of appeals a law clerk on supreme court. including for kennedy not a hard-core conservative more mainstream conservative fusing krim lead senator ted toed to say likely to be confirmed. >> 50-50 whether democrats filibuster don't have good arguments against gorsuch but furious that we are going to have a conservative nominated confirmed. >> i believe within, a month or two, neil gorsuch will be an associate justice of the supreme court. >> now, there are in thats like richard blumenthal of connecticut making noise about a potential filibuster tweeting last night if judge gorsuch doesn't reject trump's litmus test i will' his scotus nomination relentlessly at tend, a hint of a filibuster with potential for two, three, may be four supreme court picks, over the course of this first term in office for president trump there is some sense in washington that democrats may make a lot of noise, but hold back on an actual filibuster this time around knowing that or gos ignores is going

i might add she brought the same knack for consensus building to harvard law school. there she found what was affectionately acknowledged, i emphasized affectionately acknowledged, as a dysfunctional and divided campus and transformed it again into a cohesive institution, winning praise from students and faculty across the ideological spectrum. elizabeth warren, elena's colleague at harvard and chair of the congressional panel currently overseing our economic relief effort, says simply, she changed morale around here. charles free, the former solicitor general under president reagan and renowned conservative, constitutional expert, says of her prospects as a justice on the supreme court, elena would be terrific because frankly the court is stuck. the great thing about elena is there's a freshness about her that promises some possibility of getting away from the formulas that are wheeled out today on both sides. i have no reservations about her whatsoever." john manning, the first hire under kagan's deanship, a conservative and expert on textulism and separation of pow