Alito Hearings Credibility Check: Senator Graham
Today, Senator Graham said: "So the answer to the question, 'Are you a mainstream conservative?' will soon be known. If every Republican member of the Judiciary Committee votes for you, and you're not mainstream, that means we are not mainstream. It is a word that means what you want it to mean. Advise and consent means what? Whatever you want it to be. Advise and consent means the process has got to work to the advantage of people I like and with people I don't want on the court, it is a different process. That is politics." (1/9/06)
Apparently, Senator Graham does not think that Advise and Consent means that the Senate should be an independent check on the President. Instead, he believes it is proper for a Senator to help prepare a nominee for Senate hearings. According to the Wall Street Journal, "[o]n Thursday, Sen. Lindsey Graham of South Carolina, one of the 'gang of 14' who sits on Judiciary, joined a so-called moot court session at the White House." (Wall Street Journal, Washington Wire, January 9, 2006) It is difficult to imagine a more obvious demonstration that Senator Graham has already made up his mind on this nomination - and is prepared to serve as a rubber-stamp.
But Senator Graham was willing to look closely at Harriet Miers's record. Also, he has expressed concerns about President Bush's domestic spying program, which should be central to a thorough examination of Judge Alito's record.
"I think the truth is the tipping point came today when they got a letter from Senator Specter and Leahy saying that, if you come over, we need to know about your role in Guantanamo Bay and the legal advice you gave on some pretty sensitive matters, and I think that was a reasonable position for the Senate to take." (CNN, 10/27/05)
"We cannot set aside the rule of law in a time of war, because that's what we're fighting for in Iraq, for them to follow the law, not an outcome . . . What statute would give the authority of the president to collaborate with a handful of congressmen and senators to not get a warrant? What executive order or constitutional provision would give the authority of the president to avoid the warrant requirement? . . . There may be some. I just don't know of it. But if there is not any, that's a problem." (Face the Nation, CBS, 12/18/05)