russ feingold, getting ready to ask some questions as well. so, katy kicked off the conference call... but we missed the first half trying to download the docs. 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 she was buying shoes online. and then i hit mute... to talk timelines with my team. getting lots of dirty looks through the phone in the process. - overall... - a great call. - great call. yeah. introducing a better way. learn more at cisco.com/newways [ dog barks ] >>> judge sonya sotomayor is now answering a question on whether or not there were any laws enacted after 9/11 that historians down the road might live to regret. >> i can understand some hess tants but the truth is that courts are already dealing with these very issues. the supreme court itself has struck down a number of post 9/11 policies and you sat on a panel that struck down bun aspect of the national security letter that

. >> we're watching justice sonia sotomayor answer questions from russ feingold of wisconsin.at repute over the last several years. he doesn't like the administration's policy with the war in iraq. questioning the justice's views of authority. >> she's going to have to deal with this, is already dealing with it. the whole question of electronic surveillance, the issues that eric holder and the white house are grappling with over whether or not congress has the right to decide to be briefed by the cia on covert operations. nothing could be more timely right now. these are questions that are indeed going to come to the court. one thing that strikes me, chris, is that we are now on the seventh questioner in the first round of questioning. there are 18 members of this committee. so they are clearly going to have to decide whether to go well into the evening or with each of these senators getting 30 minutes and breaks have to be built into the schedule, whether this is going to continue tomorrow with the questioning. most likely it will. the question by the senators rather than the

we learned today that on friday intelligence committee senator russ feingold shot blair a letter disputing his interpretation of the law and asking him to back it up. let's bring in a lawyer who specializes in the law of armed conflict of human rights and also is contributing editor at "harper's" magazine. >> great to be with you, david. >> intelligence director blair said he thinks the cia should brief congress as thoroughly as possible but that the law did permit the cia to make a judgment call noon the tell congress about the hit squad code named box top. why would senator feingold take such exception? >> i think he's picked the right issue. he's focusing on congress's right to know. and leon panetta rushed to capitol hill, gave a briefing, seems to feel he was obligated to do so, then we have blair walk out back very quickly and i think russ feingold is pushing congress's right to know. he's pushing that issue and he wants to know exactly where the obama white house stands on it. >> in addition to pushing to try to find out where the white house stands what eventually do you think sena

democrat russ feingold laying bare the repuican talking point meanwhile of judial activism. >> i suggestoyone watchingoday that they be a little wary of a phrase tt ey're hearing at this hearing -- judicial activism. that termeally seems to have lost all sefulness, partularly since so many rulings of the conservative majority on the supreme court can fairly be describeds activists in their disregard for precedent and ei llgness toignore or override the intent of congress. at this point,perhaps,we should all accept that the best definiti of judicial activi is a judge w decides a case in a way you don't like. >> cret lindseygraham of uth carolina with today's rare republican moment of honesty. >> i don'tant it to be lost that this is mostly about libel and consertive politicsore than anng else. now, unless you have a complete confirmed.you're gng to get wn it was fally her turn to speak judge sotomayor, knocking dn suggestions th she would allow her biases to gue her from the benc >> in the past month, many senators have asked me about my judicial philosophy. simple. fidelity to the law. th

as i praise representative russ feingold, let me tell you what he said on june 18, and he deserves our respect, mr. speaker. senator feingold said, quote, a strong public health insurance option is consistent with the healthy private market and effective private insurance plans. we have several insurers that operate in my home state of wisconsin that provide great health coverage to their beneficiaries. responsible insurers should have no trouble competing with a public insurance option on the merits ever their plans, but a strong public health insurance option will provide a powerful incentive for less responsible insurers to re-evaluate their own cost chairing and benefit plans to -- sharing and benefit plans to ensure they are an attractive option for consumers. that's what russ feingold said, mr. speaker. and he went on to add, there's another benefit of a public health insurance option which hits particularly close to home. my hometown of janesville, wisconsin, that's russ feingold's hometown, has one of the highest unemployment rates in the state of wisconsin. recently our g.m. a

juan, let me ask you about russ feingold. she said, i would hope that a wise latina come to a better conclusion that a white male. he came out and said a few lines taken out of context from the 2001 speech are not going to sink this nomination and it is not fair to judge her by those. is he downplaying what we are dealing with here too much? >> he is. what the democrats have to do here is to try to get this off the table. that is what the white house did after it was first disclosed that she made this comment. to not suggest that because of her hispanic descent that she is somehow better than any white male. what was subsequently disclosed is that she said this repeatedly. that is on the table. there is no getting away from the idea that this was a very strong racial comment, if not tucson, a racist comment. do you simply give for the benefit of the doubt and say, she did not quite mean what she was saying, she is simply suggesting that her experience growing up in the projects, growing up in the minority community gives her

we will resume and a moment with questions from russ feingold. the next step is a vote before the nomination gets sent to the senate floor. democrats hope for a final vote confirmation in the full senate before the august recess, which means she would be in place for the first argument the court plans to hear on september 9. we now continue with highlights of the confirmation hearing and questioning by democrat russ eingold nominees. chief justice roberts and justice alito. that's the issue of executive power. in 2003, you spoke at a law school class about some of the legal issues that have arisen since 9/11. you started your remarks with a moving description of how americans stood together in the days after those horrific events and how people from small midwestern towns and people from new york city found their common threads as americans, you said. as you said in that speech, while it's hard to imagine that something positive could ever result from such a tragedy, that there was a sense in those early days of coming together as one community,

. >>> we will continue the hearings with russ feingold. just asked sonya sotomayor about the internment of japanese american citizens during world war ii. >> some of the great justices in the history of our country were involved in that decision. how does a judge resist those kind of fears? >> one hopes by having "the wiz" dom of a harlan and pleccy, by the wisdom of understanding always no matter what the situation is that our constitution has held us in good stead for over 200 years and that our is your prifl depends on upholding it. >> thank you very much, senator feingold. what i was going to do is go to senator kyl, senator schumer and then we will take a break. senator kyl? >> thank you, mr. chairman. judge, could i return to a series of questions that senator feingold asked at the beginning relating to the maloney decision and the second amendment. >> sure. >> good afternoon, by the way. >> yes, good afternoon. you had indicateded that if that case were to become before the court, you would recuse yourself from participating in that

ask senator russ feingold and dennis blaire who last week stated the cia did not break the law duringational security brief to members of congress. now new charges of wrongdoing at the cia. >> i'm scared i won't be able to go home. >> chilling video released of afghanistan hostage bowe bergdahl. reminder of why the way we treat detainees matters when the other side captures our guys. rumors abound that the american idol judge paula abdul will not return for the show's ninth season. 40 years ago today images and words that piqued the wonder of millions. >> it's one small step for man, one giant leap for mankind. and a similar scene broadcast from the surface of mars in our future. all that and more now on "countdown." >> the eagle has landed. >>> good evening from new york.

to be limited by precedent and interrting the constitution and statute >> and cliff, thiis what russ feingold, e of the committee membs had say about the whole questi of judicial activi during his opening statement. >> sma rulings of he conservative majoriton the supreme court can faly be described as activist intheir disregard for precedent and their willingness to ignore or override the intent of congress. at this point, perps we ould l accept that the best deaf fission of a judicial activist is a judgewho decid a case in a way you n't like. cliff oan, is that the best dense that th have against the republican onslaught regarding judicial activism? >> no. i think anev better defen for judge sotomayor is that there's nothing in her record of these thousands ofases that indicatethat she is a jual activi. and even theemarks in her speeches, which we're going to hear about a t, i think she's ing to be able to dffuse thos very effectively. by the way, i thk she's going to be a terrific witness. at the wte hou ceremony wn president obama introducedher, she s very engaging aboutr compellingife sto

high court was wrong to strike down antiterror laws during the bush era, but she told democrat russ feingold of wisconsin it was a mistake to uphold interning japanese americans during world war ii. >> a judge should never rule from fear. a judge should rule from law, and the constitution. it is inconceivable to me, today, that a decision permitting the detention and arrest of an individual based solely on their race would be considered appropriate by our government. >> reporter: the judge affirmed a right to privacy as the basis for the roe v. wade decision that legalized abortion in 1973, but toward the end of the day republican lindsey graham of south carolina pointedly turned to that subject and the explanation of the proper role of a judge. >> do you think roe v. wade changed american society? >> row vs. -- >> roe vs. wade looked at the constitution and decided that the constitution as applied to a right applied. >> is there anything in the constitution that says that a state legislator or the congress cannot regulate abortion or the definition of life in the first trimester? >> the hol

bret: wisconsin democratic senator russ feingold is urging attorney general eric holder to investigate the architects of the c.i.a. interrogation program. feingold writes in a letter to holder that the program was illegal, immoral and unlikely. the word is vice president cheney ordered him not to brief congress about a secret initiative about the war on terror. jen jennifer griffin reports that democrats are still pressing for answers. >> house democrats are laying the groundwork for further inquiry about why the c.i.a. did not brief congress on a proposal to execute top al qaeda leaders, a plan that the c.i.a. says never became operational. the head of the house intelligence committee has asked the c.i.a. to provide documents about the now cancelled proposal. democrat hastings, who is on the committee -- >> president bush needs to step forward and say what he knew and when he knew it. did he know that the vice president directed us not to be informed? >> senator dieian feinstein heads the senate intelligence committee. >> the thing that i think is out there that is of deep concern to

democrat russ feingold laying bare the republican lking point meanwhe of judicial activi. i suggest to everyone watching today that they be a little wary of ahrase that they'rhearing at this hearing -- judicial activism. that term really seems thave lost all uselness, paicul since so many rungs of the conservative majority on the supreme cot can fairly be deribed as activists in their disregard for precedent and their llingness to ignore or override the intent of congress. at this point, perhaps, we should all accept th the best definiti of a judicial acvist is a judge who dedes a case in a way yodot like. >> cdit lindsey graham of soh carolina with today's rare republican moment of honesty. >> i don't wt it to be lost th this is mostly about liberal and conservative politics more than anying else. now, unless you have a comple meltdown, you'reoing to get confird. >> when wasally her turn sak judge sotomayor, knocking down suggestions that she would allow hebiases to guide her from the bench. in the past month, many senators have asked me about my judicial plosophy. simple

on thing i want you to know that russ feingold d lndsey graham reached the same conclusion a that speaks strong ofthe secondmendment ecause we don't reach the same concluson a lot. i want to you realizehe fundamental right of the scond amendment i important to people throughout e countryhether you own a gun or not. and it is one of t things that when you look at, i think you wil find that amera, unlike oter countries has a uque relationship to the second amendment. today, kalid shei mohammed is appearing in ailitary tribunal at guantanamo bay and will be appearing bere a judge and there is a miliry lawyer and prosutor. and i havebeen an advocatend member of the legal commity for over years. to america and the rld who may bewatching this, i have notng butreat admiration and respect r thoseen and women who serve in our jge advocate corps who will be given the obligation by ouration to rder justice against people likehalid sheikh hammed. and iill sayhis alson this historic day. to those who wonder why we do is, why do we give him a trial? why are w sooncerned about him having his day in cou

ask senator russ feingold and dennis blaire who last week stated the cia did not break the law duringhe national security brief to members of congress. now new charges of wrongdoing at the cia. >> i'm scared i won't be able to go home. >> chilling footage, the latest reminder of why the way we treat detainees matters when the other side captures our guys. rumors abound that the american idol judge paula abdul will not return for the show's ninth season. 40 years ago today images and words that piqued the wonder of millions. >> it's one small step for man, one giant leap for mankind. and a similar scene broadcast from mars in the future.

russ feingold is challenging the director of national intelligence's claim that it was legal when thecontroversial program secret from congress. feingold is responding to dennis blair's comments to "the washington post" last week. blair said the cia did not break the law by keeping congress in 9 9 -- the dark. feingold wrote a letter to blair that says in part, you stated that the failure to notify the congress did not violate the law. i disagree and believe the program in question fits squarely within the notification requirements of the national security act. i, therefore, request you provide me with your analysis and any analysis by the dni general counsel supporting your conclusion. several democratic lawmakers have accused the cia of deliberately misleading congress by failing to disclose the program's existence. blair broke with those democrats by asserting that the cia did not violate the law. he said agency officials may not have been required to notify congress about the program. >>> now for the bigger picture, senator feingold's letter could put the white house in an awkward

she is questioned by russ feingold, john kyle, and lindsey graham. nd telling you how much i'm enjoying listening to you, both your manner and your obvious tremendous knowledge and yu understanding of the law. in fact, i'm enjoying it so much that i hope when you go into these deliberations about cameras in the courtroom, that you consider the possibility that i and other americans would like the opportunity to observe your skills for many years to come in the comfort of our family rooms and living rooms. i think -- >> you were a very good lawyer, weren't you, senator? >> but i'm not going to ask you about that one now. let me get into a topic that i discussed at length with two most recent supreme court nominees. chief justice roberts and justice alito. that's the issue of executive power. in 2003, you spoke at a law school class about some of the legal issues that have arisen since 9/11. you started your remarks with a moving description of how americans stood together in the days after those horrific events and how people from small midwestern tow

bret: as the questioning continues from senator russ feingold, we want to take us out here and talk a little bit about one case that you heard senator chuck grassley talk about. this committee is compromised of 12 democrats and seven republicans. fair and balanced. we will hear from both sides of the aisle in their questioning of judge sotomayor. one of the cases that senator grassley was talking about was a property rights case called diden versus village of port chester. it's a 2006 case. when you listen to some of this stuff, can you blaze over, not knowing about the case. we thought we would remind, talk about that case. we have correspondent shannon bream with us live in our d.c. control room. tell us about diden versus village of port chester and what's important about this in regards to judge sotomayor. >> this is all about property rights and eminent domain. people are very sensitive about land -- private land essentially being taken. it's one thing to justify it for possibly a government use for a hoft. even there it's going to be a fight. in this case, this did encase, it in

. >> yesterday russ feingold who is a liberal democrat on almost all issues, was pressing sotomayor from the right on gun control, because he's from a swing state with a lot of hunters. >> wisconsin. >> in wisconsin. and he believes in -- in strong second amendment protections. >> and since the heller decision, i believe this is correct, that the only federal court that has ruled that the fundamental right is not implicated is sotomayor's court. >> no, no. the seventh circuit of chicago has agreed with her. >> he knows the circuit courts. >> i'm not a lawyer. it's not easy being me. >> he knows all of it. >>> all right, guys, stand by. because we'll continue our coverage. history unfolding in washington, d.c., right now. the senate judiciary hearing is continuing. remember cnn.com, you can see all of this, uninterrupted. >>> we're standing by. later today, al franken, the new junior senator from minnesota, he's going to have a chance to ask the nominee his questions. our coverage continues after this. t, it's not like we're kicking back, now, havin' a cuppa tea. gecko vo: takes lots of s

you portions of the senate judiciary committee confirmation hearing with questions from democrat russ feingold followed by republicans jon kyl and a half hour and lindsay graham in one hour. >> judge, let me first say i don't mind telling you how much i enjoyed listening to you, both your manner injure abi is tremendous analogy an understanding of the law. in fact i'm enjoying it so much that i hope when you go in to these deliberations about cameras in the courtroom that you consider the possibility that i and other americans would like the opportunity to observe your skills for many years to come in the comfort of our family rounds and living rooms. >> you were a very good lawyer, ward cube senator? >> is not going to askew about this. let me get into a topic that i discussed at length with two most recent support-- chief justice roberts and justice alito and that is the issue of executive power. in 2003 he spoke at a law school class about some of the legal issues that have arisen since 9/11. you started your remarks within moving description of how americans stood together in the days afte

i think they're wrestling gold -- i think that russ feingold is a pretty straight shooter.he airwaves belong to the public and we have a right to demand that they provide us with information so that we can make intelligent sources. i think that we should require that the media provide air time for political campaigns and that would also reduce the cost which means public financing would not be so expensive. but we have to give big money out of politics. the people were 100-1 against tarp, yet tarp went through. the people are one header% for single-payer, yet that does not even get a hearing. so you can see who is running things -- that is big business. host: let's look as headline. this is what the trial in alexandria, va. saw yesterday. the lead fbi agent and the investigation denied wednesday that he had instructed cooperating witness to play on jefferson's emotions in getting him drunk and taking a bigger part of her company. the agent responded jefferson continued to escalate his demand even when not under the influence. there is more there if you are interested in the

we've seen leaders, brave, courageous legislators like russ feingold in the senate and bernie sanders and chuck schumer in the senate over in the other body talking about the importance of a public option. but here in the house we've heard the same commitment from some great leaders like john lewis, lois capps and like congressman pingri from maine who is new to this body all making important commitments to support a public option, on both sides. and of course we heard the president talk about the public option as well. so we have people in both houses and in the president's office talking about the public option. we talk a little bit about what it means. but let me just elaborate on that a little bit. what it means at its heart is it means giving the uninsured the option to enroll in a public health care plan sort of like medicare. that's what it means. giving the uninsured the option , the choice, the choice to enroll in a public health care plan like medicare, a public insurance option would compete -- we're talking competition here, mr. speaker. we're not talking about not competi