mr. sullivan, some have said that the governor's plan borrows from the 9-9-9 plan. >> the biggest thing, revenue for the federal government. mr. cain's plan has a brand-new national sales tax, as others have commented, historically, when the federal government gets their hooks into a new revenue source, they raise it. we're looking, in his plan, at 17, 18% sales tax on homes and everyday purchases. perry's plan simplifies that tax code, actually, gets rid of, essentially, the existing tax code, brings everyone down to a flat, fair 20%, eliminates corporate loopholes and exemptions that have jumped up and confused the tax code, and cuts spending too. we believe that combination of simplicity, to be able to send your tax returns in on a postcard and the spending cuts will really jump-start this economy, jump-start job creation, and getting america working again, as we've done in texas and as we plan to do when the governor of texas takes the oath of office in january 2013. >> mr. sullivan, thanks for your time this morning, appreciate it. >>> some startling new numbers out about what growi

mr. sullivan: e.p.a.'s estimates that the cement mact will reduce mercury emissions by 16,400 pounds per year, an amount that is only .15% of global emissions. mercury is emitted naturally and also globally. department of energy estimates that 5,500 tons or 11 million pounds of mercury was emitted globally in 2005 from both natural and human sources. emission from these sources are modest when considered relative to natural and foreign emissions. these projections are complex. where these estimates have not been subject to rigorous scrute fryny, it would be irresponsible for congress to simpley adopt e.p.a.'s findings as its own. i urge a no vote on this amendment. the chair: the gentleman yields back the balance of his time? sill sulsull i yield back. the chair: the gentleman yields back his time. the question is on the amendment offered by the gentleman from california. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. mr. waxman: madam chair, i request a roll call

mr. sullivan, thanks so much for joining us. let's talk about the debates. was it a mistakes or does he have to be in the debates? >> well, the governor has been in five debates. there have been eight republican debates. i think there's something like 18 more scheduled before the end of january, but it is an opportunity for the governor to talk about his best in the field jobs record, increasingly our jobs plan, mr. harwood mentioned the flat tax probably the governor put out earlier in the week. we're going to be doing more debates, and it is part of the process. >> but the bottom line is he's got to be able to compete. barack obama and hillary clinton had more than 20 debates, and that really ask what toughened up obama and made him the victor for the nomination. doesn't rick perry, especially because he was not as well-known as hadn't run before, doesn't he have to prove he can compete in this arena. >> we have to prove we can compete and win across the board, that means the five debates we've done, the debates we're going to do, as well as working on vot

mr. neiman jr.: your honor-- justice ruth bader ginsburg: so there was no one from sullivan & cromwell other than those two on the record. so on the record, they had abandoned him and there was no substitute. mr. neiman jr.: --i disagree with that assessment, your honor. justice antonin scalia: well, the argument is that on the record or not is determinative for the out-of-town counsel, but it is not determinative for the in-town counsel. the fact that he is counsel of record doesn't count, but the fact that those two are, does count. and only when you combine those two does the man have no counsel. right? mr. neiman jr.: yes, your honor. there is that inconsistency in maples' argument. on the one hand maples says that butler -- or that the other lawyers at sullivan & cromwell weren't his attorneys because they were not counsel of record. but butler was counsel of record but he wasn't for the attorneys. justice elena kagan: the notice inquiry is supposed to be a pragmatic one. as far back as mullane we've said that the question that we are supposed to ask ourselves is: is this what somebody

mr. sullivan said if you could only tell the american people one thing, what would you tell them. conrad hilton never hesitated. he said put the shower curtain inside the tub. [laughter] quite frankly, the republican strategy is that simple. it gets down to one thing. make that 2012 presidential election a referendum on barack obama's policies and the results of those policies. his record. because he cannot run on his record. the republicans have to know that. his record is not approved by critical groups, seniors, and dependents, -- independence look very much like obama's policies and the result has gotten. obama once this election to be anything but a referendum on him. he wants to run against george bush is what he wants to do. we will see. typically, elections of incumbents are referendum on the incumbents. but the democrats will do whatever it takes to keep that from happening. the best way for them to win is to try to make the republican unacceptable. try to make the republican somebody who is disqualified. they are aided by couple of things. we have already talked about on

mr. sullivan today is working on the cement mact bill, mr. griffin is in the -- in line in the queue to come up with solutions for the boiler mact bill. mr. mckinney has a bill that has to do with coal ash rules. mrs. nome has a bill to deal with foreign dust rules. and i have -- i with several of my colleagues have a bill to put a two-year moratorium on regulations. and we will hopefully come with a bill that will be reasonable and accessible and acceptable to the people in the -- that are concerned about this and put a stop to this question mark that industry is asking, what's around the corner? because there's tons of rules around the corner. in the month of july there was almost 300 new major rules that would affect this country over with $100 million or more. there were almost 300 of them. in august there were almost 400 of them. now, we were just talking about one, two, three, four, five, six, seven right here bills to deal with seven instances. but the person who keeps up looks at these other regulations that are out there and says, ho

the sullivan & cromwell attorneys were representing mr. maples up through the argument, the decision in the eleventh circuit. but i think -- for purposes of what this court would do, i think a remand would be appropriate, because if you conclude, as we think you should, that abandonment of counsel would be an external factor, then it would be appropriate to remand for further proceeding. we don't know what these other attorneys were doing. the record doesn't show that. >> we do know, though, is that they were not counsel of record. >> we absolutely know that they were not. >> so, we know that the two who were listed as counsel of record -- >> they were not. >> were not representing him, and they hadn't told the court. >> they were not counsel of record. mr. maples never agreed to have anyone else represent him in a way that could bind him. the alabama court specifically found not only that they weren't counsel of record, but they were not authorized to practice in alabama. this is on page 223 of the petition appendix. >> but it seems to me

[applause] thank you, general sullivan for your kind words. mr.ecretary, director clapper, director petraeus, general dempsey he wore all that table 318 which has been a source of trouble throughout the evening. general odierno, a sergeant major of the army chandler, all of you with all the stars in the crowd this evening like the academy award except it's definitely the wrong guy you have to the podium i'm truly humble by this honor which is an honor as well for the foreign service of the united states i've been privileged to represent that service for almost 40 years and i decided to see here tonight several of my colleagues who served with me in beirut and the ambassador riis and embassador recent know that is not an echo in the foreign service and a tandem couple can both rise to the rank of ambassador and both left embassies when they were in charge to server our country together with general petraeus engender odierno and so many others in a common effort for america's interest. i'm going to be very brief tonight. i know you've had a very suc

sullivan, how long? not long. th mr.oreau said to mr. emerso are you going out to? this is a eulogy. this is a water.os this is a thank-you to die and nash. this is a flag for james farmer. this is a doubt that i make it without you to elevator. this is for the red clay o georgia that yielded black and occurs, black men of vision, black men of hope. bent over cotton and sweet potatoes or pool tables and baseball diamonds playing for a chance to live free and breezy and have enough money to take care of the folks below. this is why we can't wait. bett swirling mississippi when, the alaba time, the tennessee dust, the filing the clothes that women wash. we let the women know that we too must. overcome this is for fannie lou hamer, jo ann robinson, set to mcclure, daisy bates, all the women ba saidby, baby, baby i know you did not mean to lose your job i know you did not mean to lose the rent money, i know you did not me to hit me. i know the lord will make a way and i am leaning on the eversting arms. how much pressure does the earth and exert on carbon to make a diamond to? how long d

sullivan, how long? not long. th mr.oreau said to mr. emerson, are you going out to? this is a eulogy. this is a water. to die and nash. this is a flag for james farmer. this is a doubt that i make it without you to elevator. this is for the red clay of georgia that yielded black and occurs, black men of vision, black men of hope. bent over cotton and sweet potatoes or pool tables and baseball diamonds playing for a chance to live free and breezy and have enough money to take care of the folks below. this is why we can't wait. bett swirling mississippi when, the alabama time, the tennessee dust, the filing the clothes that women wash. we let the women know that we too must. overcome this is for fannie lou hamer, jo ann robinson, set to mcclure, daisy bates, all the women ba saidby, baby, baby i know you did not mean to lose your job i know you did not mean to lose the rent money, i know you did not me to hit me. i know the lord will make a way and i am leaning on the everlasting arms. how much pressure does the earth and exert on carbon to make a diamond to? how long does the soil push against the fles

sullivan, how long? not long. th mr.oreau said to mr. emerson, are you going out to? this is a eulogy. this is a water. pos this is a thank-you to die and nash. this is a flag for james farmer. this is a doubt that i make it without you to elevator. this is for the red clay of georgia that yielded black and occurs, black men of vision, black men of hope. bent over cotton and sweet potatoes or pool tables and baseball diamonds playing for a chance to live free and breezy and have enough money to take care of the folks below. this is why we can't wait. bett swirling mississippi when, the alabama time, the tennessee dust, the filing the clothes that women wash. we let the women know that we too must. overcome this is for fannie lou hamer, jo ann robinson, set to mcclure, daisy bates, all the women ba saidby, baby, baby i know you did not mean to lose your job i know you did not mean to lose the rent money, i know you did not me to hit me. i know the lord will make a way and i am leaning on the everlasting arms. how much pressure does the earth and exert on carbon to make a diamond to? how long does the so

sullivan. it may be a good law deadlock, but you can't change it. nobody can. i guess we can change it. >> mr. chairman, can i just think both of these witnesses for their great comments. i vote for well over 90 percent of president obama's nominees, but i do think we have a range in which if you believe there are too flexible about interpreting then i would conclude there are not faithful to the constitution. therefore i could support them, even though they may be wonderful and decent people. intellectually gifted in that regard. so it's -- one of my standards is the death penalty case. in the judge that calls for the elimination of the death penalty really should be on the bench. they won't give my vote for the bench, but we all have individual standards, and we wrestled with that. all in all we have a great judicial system. i congratulate you. >> thank you. thank you very much. >> resist the temptation. the white house will be of last question. i can't think the two of you enough for being here, and also something, but it -- >> gentleman, let me join the chairman and thanking you for being