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RES IPSA LOQUITUR — (a Latin legal term meaning, "the thing speaks for itself.")

*Use the following information to persuade both your Senators and those on the Senate Judiciary Committee that their actions are expected to conform to their rhetoric.
Let them know we intend to hold them to their word.
**Also use the timely quotes below to help educate your fellow Americans about the liberal double standard in both Congress and the media. Follow the lobbying guide as outlined in the accompanying "How to Promote Court Reform in the Media."

* I - THE POLITICIANS

Senator Patrick Leahy (D-VT) — New Senate Judiciary Committee Chairman:
[Speaking of the courtesy and deference given past Presidents' judicial nominees] — "A President should be given a great deal of latitude on who he nominates to the Federal court. A lot of these Federal judges are not the men and women I would have appointed from that circuit or that district. But I voted for all of them because they were honest people, people of integrity, people of confidence, and people I could look at and say, although I might have disagreed with their political background, I know that, as a litigant, if I came before his or her court, I could expect an honest treatment"

— Senate Floor Remarks, June 16, 1997 Congressional Record

Senator Ted Kennedy (D-MA) — Senate Judiciary Committee Member and Former Chairman:
"The President was given the authority to nominate federal judges with the advice and consent of the Senate. The clear intent was for the Senate to work with the President, not against him, in this process."

— Senate Floor Remarks, March 7, 2000 Congressional Record

Senator Joseph Biden (D-DE) — Former Judiciary Committee Chairman:
"Of all the judges that came up in Clinton's first term, almost all of them were voted unanimously out of this body by Democrats and Republicans.I have had Senators come up to me and say, Joe, here is the deal. We will let the following judges through in my State if you agree to get the President to say that I get to name three of themThat isn't how it works, the President nominates."

— Senate Floor Remarks, March 19, 1997 Congressional Record

Attorney General Janet Reno, August 1997:
"The Senate, of course, has a constitutional duty to advise and consent, but surely the framers did not intend Congress to obstruct the appointment of much-needed judges, but rather simply to ensure that well-qualified individuals were appointed to the federal bench."

Lanny Davis — President Clinton's former Special Counsel:
"I think that the Democrats have to be careful here. I think a conservative Republican president has a right to name judges that he is comfortable with philosophically."

— May 4, 2001,CNN's Crossfire


** II - THE MEDIA­

On 6/4/01 ABC's World News Tonight led its broadcast with poll numbers on how President Bush's policies are losing support. Anchor Charles Gibson announced at the top of the show:

"A new ABC News/Washington Post poll says the President's policies are not selling as well as he might hope; that those polled don't like his energy policy, give him no particular credit for the coming tax cut and by a large margin think the change of control in the Senate is a good thing."
(See link to "ABC/Post Poll Uses Suspect Firm for Calls" in our June/July Talking Points Bulletin.)

On 6/5/01, ABC and NBC White House reporters during the evening news scolded Bush for his "defiance" in not acquiescing enough to "moderates." ABC's Terry Moran warned: "Today's display of bi-partisanship masks a certain defiance within the Bush administration." NBC's David Gregory bemoaned how "in the face of this power shift" there is "still among top Bush advisers defiance."

NBC's Lisa Myers, on the 6/5 Today show, did a puff piece on the new Senate Democrat Majority Leader: "If you happened to catch Tom Daschle at a South Dakota airport, you'd never guess he's about to become the most powerful man in a Capitol full of very large egos. Daschle is described by colleagues as mild-mannered, straightforward, even nicebut beneath the friendly exterior is a shrewd, tenacious politician with 23 years in Congress, skilled at holding his party together... Daschle is adept at striking just the right political note." (Several New Democrat Leaders Have Sordid Pasts" — Daschle, Kennedy, Levin, Kerry, Biden And Others in June/July Talking Points Bulletin)

NBC then pointed out that Daschle might be able to duplicate the performance of the last Democratic majority leader, George Mitchell who, Myers related, "was what one Bush aide called 'a partisan pit bull,' regularly ripping then-President Bush to shreds. Some Republicans now worry that what Mitchell visited on the father, Daschle will visit on the son."

The CBS Evening News on 6/5 covered the probe of New Jersey Democratic Senator Robert Torricelli, but anchor Dan Rather led off by negatively characterizing the investigation by referring to it as what "he sees as a Republican-motivated and led criminal investigation of him." Reporter Phil Jones then agreed with Rather, saying, "Torricelli believes the Republican-controlled Justice Department is out to get him," before concluding by shaking his head as he warned that Torricelli's resignation "could give Senate control back to [pause] the Republicans." (A Wall Street Journal report, however, recently noted, "If New Jersey's Senator Robert Torricelli is indicted, as expected, he surely won't resign.")


Other than a single brief soundbite or passing glimpse of a protest sign, the broadcast networks ignored those in Vermont who felt betrayed by Jim Jeffords and painted him instead as a man of 'principle over party,' while suggesting that most voters in Vermont approve of his move. (See link to Article "Jeffords Ducking Vermont Media " in our June/July Talking Points Bulletin.)

On 5/24/01, NBC's Andrea Mitchell said: "Even Jeffords' critics seem to accept his explanation that following your conscience is more important than party loyalty."

CBS's Bob Schieffer asserted: "Jeffords was treated like a rock star when he went home to explain his reasons for quitting the Republican Party." On the same broadcast, reporter Jim Axelrod assigned the best motivations to Jeffords as he claimed Vermont "values principle over party."

NBC's Tom Brokaw admired how Jeffords' "embraced a flinty kind of New England independence."


Fox News Channel's The O'Reilly Factor, 5/15/01, ran Bill O'Reilly's interview with CBS anchor Dan Rather. O'Reilly pressed Rather about former President Bill Clinton's honesty. Here's the exchange:
O'Reilly: "I want to ask you flat out, do you think President Clinton's an honest man?"
Rather: "Yes, I think he's an honest man." 
O'Reilly: "Do you, really?" 
Rather: "I do." 
O'Reilly: "Even though he lied to Jim Lehrer's face about the Lewinsky case?"  
Rather: "Who among us has not lied about something?" 
O'Reilly: "Well, I didn't lie to anybody's face on national television. have you?" 
Rather: "I don't think I ever have. I hope I never have. But, look, it's one thing -" 
O'Reilly: (jumping in): "How can you say he's an honest guy then?" 
Rather: "Well, because I think he is. I think at core he's an honest person. I know that you have a different view. I know that you consider it sort of astonishing anybody would say so, but I think you can be an honest person and lie about any number of things." 
O'Reilly: "Really?!?" 
Rather: "Yeah, I do." 
O'Reilly: "See, I can't. I want my government to be honest across-the-board. I don't want people lying."


Time magazine national correspondent Jack White and syndicated columnist Charles Krauthammer shared this exchange during a recent edition of Inside Washington re: limiting the ABA's role in evaluating judges:

White: "It's pure ideology alright. It's a scheme to make it easier to pack the federal courts with right wing nut cases like the ones that you like so much."

Krauthammer: "If you mean with conservative justices who respect the Constitution absolutely."
White: "Same thing."


 
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