the other one was that robert bork failed the test because he didn't show compassion. he was too much of a mechanic. hepe his time in tecue. he was a technician. they would have gone for him. he would have been a good man if he had a little bit of milk of hum ndness. he would have been all right. isn't that fascinating? but t then do we get that out of this remarkable professi. i don't spend time thinking about ways to do in the press. that's the way it is, and i accepted that, but for heen's sak the essence of the right to privacy is just what griffen bell id it was, the right to be left alone. and you'd like that, every one of you. in a democcy, public discourse is a vital cmodity. we all believe that the public has a right to know a great deal about those who would presume to hd hi office. as individuals, we also recognize the right to personal privacy. where journalists aw th fine line, then, a crical ethical choice for the past 10 weeks, we've explored some of the toughest ethical dilemmas confronting our society, from the operatingoom to the courthous from the ba

within minutes kennedy was on the floor of the senate saying robert bork's america is in america wherelacks can't be served at the counter. where women have back room abortions. and the pastor at this church essentially said the same thing. it's a racist country. racist, sexist, blames it on the religious right and it was a libel. it was a slander of the first order. the question was was obama somehow complicit in this because he didn't object before or afterwards my answer is when the president goes to church he is not required to react to whatever the pastor says. this is different from sitting in a pew in jeremiah right's church 20 years. calling him your mentor. having him marry you and baptize your children. in that case, of course, you are associated. but. >> bill: let me play devil's advocate. >> easter sunday he has got to respond in the answer i think is no. >> bill: let me play devil's advocate here. i share your outrage about the inappropriateness of the minister's remarks on easter sunday you disagree with you. if i were the president of the united states i would put out a

is the language used is the language that echoed, that ted kennedy used when the nomination of robert bork was announced where he went on this libel against bork where he said he's a racist, sexist, et cetera, et cetera. there was an echo of that. it was a gratuitous statement and complete disgrace. i put it all on the reverend and not the president. >> the minister has spoken at the inauguration of president bush in 2005 and president obama in january. >> there is a small town in north georgia, the latest to require that the head of every household own a gun. but the ordinance in nelson exempts those who don't believe in owning firearms, convicted felons and those with physical and mental disabilities. city officials there help more guns will help deter criminals. the city has only one police officer. we want to know is this a good idea or bad idea? send your comments to us. you can tweak them at fox friends first or shoot us an e-mail at fox friends first at fox news.com. >> next on the rundown, have you done your taxes yet? while you rush to file -- a few more days -- before you rush to

court of appeals diswas rrg the late robert bork's last look saving justice, watertrote, the saturday night massacre and other ventures of the solicitor general. finihe ved writing the drarec of this book prior to his death in december to c-span. this is a lit for ae under an hs >> we are gathered to discuss a his final book, serving justice. i am here because i worked as one of his assistants for two and a half years. we were friends between 1974 and his death last fall. but i need to open with a confession. i cannot say very much about the book. i will talk instead about the man and the solicitor general. the reason i cannot say much about the book is that its principal fgaus is his first six a tnths on the job. when he wrote the brief that persuaded someone to plead guilble and resigned as vice president. when he persuaded the supreme court to stop justice douglasvil crusade in the u.s. from prosecuting the vietnam war, when he fired ahey?hibald cox as the watergate special prosecutor and when he served as acting attoherwou general for three a tnths between the time to elliott resi

host: this is an interesting piece of tape or gerald ford is introducing robert bork the committee and you are in the room, over his right shoulder, and we wanted to the end when jerry ford and back to you and pat to on the back. [video clip] >> mr. chairman and members of this distinguished committee of united states senate, i strongly urge affirmative committee consideration and favorable approval by the united states senate, thank you very much. >> now we will proceed with the senate republican leader. host: what did you see there? guest: what happened is that president ford said he will testify for bork. i said you should not go and testify. presidents don't do that. he said i will go to testify. i remember saying, nobody explains it that way to me before. sure enough, he felt road -- he felt so strongly that he went to testify. one thing that happened was that i should have done a mortar board for the president. guest: this is after he was president? should of i guess i don a mortar board. he went to the hearing and there were a lot of questions they asked him and they got into th

so many death sentences and homicides but so few executions by robert bork said yes but only in the fact when they don't get executed when they should that is no reason to do away with it and maybe it is. >> say pick a card and you pick the wrong party will buy then nobody would go along with that. but as a practical matter you have no way of knowing who would be given the death sentence or if that is carried out except you do know if the victim is black or white or the perpetrator is for then the death sentences more than not. >> the future of this court was happening in this state is interesting with an interesting microcosm of the debate for two legislative sessions their efforts pushed by the governor to repeal the death sentence that did not see didn't -- succeed until two months ago. the public opinion about the death penalty is in favor of it but the supreme court is soft. most of the people that support the death penalty feel it does not deter crimes so things are changing at the state level. >> one of the worst crimes of the book a true the cold-blooded murder in 3-d was horribl

georgia was argued, robert bork says, yes, it's arbitrary and capricious only in the sense that maybe the killer's deserving of the death penalty and doesn't get executed when they should. that's no reason to do away with it, but maybe it is. look at it this way. what if you're, say, pick a card, and you pick the wrong card. you're going to die. well, nobody would go along with that. that's by or czar. bizarre. but in a way, as a practical matter, that's the way this seems to play out. you have no way of knowing who's going to be given a death sentence or whether that sentence will actually be carried out. except you do know that if the victim is black or if the victim is white or a victim is -- the perpetrator is poor, doesn't have any money, the death sentence is more likely than if not. and those are factors that should not play into it at all, but they do. >> guest: the future of the court and its composition is one factor. but what's happening in the states is interesting. tim and i both live in maryland where there's an interesting microcosm of the state. for two legislative ses

so many deathnces and homicides that so few executions that robert bork said yes it is arbitrary and capricious only that those who are deserving of the death penalty don't get executed when they should. but look at it this way. if i said pick a card and you picked the wrong car you will die? nobody would go along with that. but as a practical matter that is the way this needs to play out. knowing he would be given as a death sentence if it will be carried out except you do know if the victim is black or white or they don't have any money for the death sentence is more likely than not and it should not play into it at all but they do. >>curse, the composition is one factor but what is happening with the both live in maryland that is set interesting microcosm with two legislative se07 and 2009 there were efforts pushed by the governor to repeal the death penalty in maryland. that effort did not succeed until two months ago. the public opinion is in favor of it but this support is soft most to support the death penalty feel it does not deter crime. so things are changing. >> one of the

language used language that ted kennedy had used when the nomination of robert work was announced where he went on this libel against borkasically said is he a racist, is he a sexist, et cetera, et cetera. there was an echo of that and gratuity tis statement and complete disgrace. i would put it all on the reverend and not on the president. >> bret: what do you think the state of social conservatives is now given the environment of gay marriage and where we are with the supreme court last week and where it seems to be heading in polls. where do you think, dana, things are? you look around the country and the dichotomy is huge. the states are passing stricter and stricter abortion laws. and, yet, federally, it seems like opinion polls show gay marriage is a different issue entirely. >> which is the beauty of federalism. because, that's the -- states get to decide. and you get to decide -- you usually can get to decide where you choose to live. i think that tonight, anyone who can -- that would call themselves a social conservative would be pretty fired up. i do think that there has been a very good concerted effort to bro

roberts adoreable children. and you've got to humanize them which didn't do with bork. the other thing we did i remember in the hague confirmation, we sat his brother on the front row who is a catholic priest. we put him right behind hague with his priest collar on. we have a gnative american and african-american on the front row. the prerequisite wife or the whoever it is. you humanize them by having the people closest to him blind him. first of all, it gives him comfort and takes away a lot of the sting from the hearing and it's a good idea. >> you're with with a company called d.l.a. piper 3400 lawyers worldwide, 64 offices in this country or worldwide? >> worldwide. >> senator mitchell, senator dashle, others that dr >> congressman castle. >> bernard who used to work for senator musky. >> you are in this business. is this a good thing people come to congress and go downtown? >> you don't want to be a hill billy all your life in this town. that is someone who goes to the hill and stays there. >> i think it's up to 3800 lawyers. >> who owns that company? >> it's a con

robert's adoreable children. and you have to humanize them which we didn't do with bork. the other thing we did i remember in the hague confirmation we sat hi brother on the front row who was a catholic priest. we got his gnative american thrrks we got an african-american on the front row. the prerequisite wife or whoever it is you humanize them by having the people closest to him blind him. first of all it gives him comfort and takes away the sting from the hearing and it's a good idea. you're with d.l.a. piper 3400 lawyers worldwide, 64 offices in this country or worldwide? >> worldwide. >> senator mitchell, senator dashle. >> congressman castle. and 're in this business have been for years. is this a good thing that people come to congress and go downtown? >> of course it is. you have to go somewhere. you don't want to be a hill billy all your life. that's someone who goes to the hill and stays there. since we came in i think the number is up to 3800 lawyers. it keeps growing. >> who own that is company? >> it's a conglomerate of law firms they have been buying and exp