how about the indication of ken starr, wolf. do you think that made any democrats have doubts maybe all of a sudden? ken starr as a witness. but i, but i think that's kind of interesting. and maria's point is very good and i think what republicans should do, maria's point about you can regret the senator obama comment about voting on idology but what republicans can do here is take the opportunity to say, we're not going to do that. we're going to assess her as a judge and as a judge, certainly, the president deserves. by the way, final point. for anybody that thinks the court has too much power and decides too much like a lot of my team, a lot of conservatives think, then you should have more respect for the results of elections rather than supreme court decisions. ironically, that means give more deference to presidents. i got grilled by a democrat chairman and he said why do you have so many reagan appointees in your department? i said we won. and obama won. he's entitled to some respect. >> he will get that. there's no doubt

the example, ken starr. ken starr did not want to go all the places he went, but he was drawn by the logic of his unfolding investigation. if they think they can control the parameters of this, they are very much mistaken. >> whether it's an independent counsel or a prosecutor, there's a momentum that gets going and these things tend to unravel. >> you're shocked that the cia keeps secrets. i'm shocked that vice president cheney would, you know, give orders, if in fact, he did. it's unlikely. >> i must say, i have very mixed minds on this. on the one hand, the whole idea that it gets washington into this horrible slaw where everybody hates each other and the poison gets thick. >> unlike at the moment, right? >> well, no, it hasn't been as bad lately as the last 16 years. and just the whole atmosphere of getting that way again. on the other hand, the rule of law is terribly important. and we have to have it -- you know, we cannot operate in this country without the rule of law. >> so which hand do you come do

bret: ken starr didn't start looking into the monica lewinsky incident -- >> that's right, but does he keep it inside the justice department or follow it with unfettered grain? bret: >> that happened in the fitzgerald case. he started on one issue and ended up putting somebody in jail on another issue. and think about the political pressure on president obama and the administration from congressional democrats, the same people who are now clamoring to have this secret program we talked about earlier exposed. he is going to hear it from the left. i think the political left wants the obama administration wants a special prosecutor not to go after c.i.a. operatives but to go after bush administration policy makers who drew up the plan, the people in the office of legal counsel under george w. bush. this won't appease the left. this adds to his problems in exponential ways. >> there is one other thing. this is a time he wants to focus on healthcare and convince the public that his economic stimulus plan is working. he does not want to go and revisit all these intelligence controversies. br

you have earned the respect of ken starr. and i would like to put his statement in the record. and you have said some things that just bugged the hell out of me. >> may i -- >> the last question on the wise latina woman comment. to those who may be bothered by that, what do you say? >> i regret that i have offended some people. i believe that my life demonstrates that that was not supreme court judge of texas as well as former attorney general, valued member of this committee. senator cornyn. >> thank you, chairman. good morning, judge. >> good morning, senator. >> judge, when we met the first time, as i believe i recounted earlier, i made a pledge to you that i would do my best to make sure you were treated respectfully and this would be a fair process. i just want to ask you up front, do you feel like you've been given a chance to explain your record and your judicial philosophy to the american people? >> i have, sir. and every senator on both sides of the aisle that have made that promise to me have kept it fully. >> and judge, you know the test is not whether judge sonia so

and the aba apparently sees something and ken starr sees something. know, what i want to tell the country is is that republicans very much do sit down and think about political picks and appointments in a political essentially to try to show that we're a party that looks at all americans who wants to give an opportunity and that's just life and that's not a bad thing. now, mr. ricci, i would want you to come to my house if it was on fire. [laughter] >> and i appreciate how difficult this must have been for you to bust your ass and to study so hard and to have it all stripped at the end. but i just want you to know that as a country we're probably one generation removed where no matter how hard you studied, based on your last name or the color of your skin, you would have no shot. and we're trying to find some balance. and in your case, i think you were poorly treated and you did not get the day in court you deserved. it was a 5-4 decision. but please don't lose sight of the fact not so very long ago, the test was rigged a different way. mr. vargas, yo

ken starr, one of the strongest conservatives in the country found her to be a kwaoul tpaoeud person. louis freeh, former director of the f.b.i., someone who came and vouched for her character and her qualities as a person. so when i look at the record, the anonymous comments by lawyers who were asked by federal legal service did not win the day, nor should they have. now, i don't know what's ahead for this country when it comes to picking supreme court judges. i don't know what openings may occur and when they will occur. i know this. that elections have to matter, that i don't want to invalidate elections by disagreeing with someone who i ran against or opposed politically. because when the election is over, everything has to change to some extent. i'm not bound to agree with every pick of president obama. but when it comes to trying to show some deference, i will. i will try to do better for him than he was able to do for president bush. i don't want to turn over the confirmation of judges to special interest groups on the left or the right. and that's where we're headed if we don'

finestine said, you have come a long way, you have worked very hard, you have earned the respect of ken starrhis statement in the record, and you have said some things that just bug the hell out of me. the last question on the, why a latino woman come in. for those who may be po therd by that, what do you say? >> i regret that i have offended some people. i believe that my life demonstrates that that was not my intent to leave the impression that some have taken from my words. >> you know what, judge, i agree with you. good luck. >> after her testimony, the judiciary committee's ranking republican, senator jeff sessions, said he wasn't fully convinced by her testimony. but he said there will be not a gop filibuster when her nomination reaches the senate floor. >>> a class-action lawsuit against toys "r" us are accused of conspireing to fix prices on a long list of goods, as well as strollers, high chairs and car seats. two years ago the supreme courtx ruled minimum price agreements are not in and of themselves illegal. >>> first it was president obama's pitch at the all-star game that was scr

you have earned the respect of ken starr. and i would like to put his statement in the record. and you have said some things that just bugged the hell out of me. >> may i -- >> the last question on the wise latina woman comment. to those who may be bothered by that, what do you say? >> i regret that i have offended some people. i believe that my life demonstrates that that was not my intent to leave the impression that some have taken from my words. >> you know what, judge? i agree with you. good luck. >> thank you. senator durbin has actually responded to my so far being request that senators may want to pass on the basis that all questions may have been asked, not everybody has asked them, but senator kopitar yesterday had serious and succinct areas she was asking. i know time ran out and i'll yield to her because she may want to follow on those. >> thank you very much, mr. chair, and thank you again, judge. i think they've turned the air conditioning on, so this is good. i just had two quick follow-ups following senator graham's question. the first is that the only death pen