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Gorsuch Is Grilled About Role in Bush-Era Torture Policy | |
(35 minutes later) | |
■ Judge Neil M. Gorsuch faced tough questions from Senator Dianne Feintstein about his role in approving harsh interrogation techniques during his time as a lawyer in the administration of President George W. Bush. | |
■ He said during a second day of questioning on Wednesday that he would keep an open mind on having cameras in the Supreme Court. | |
■ Byron White’s Supreme Court hearing took only 90 minutes. Judge Gorsuch’s is in its third day. | ■ Byron White’s Supreme Court hearing took only 90 minutes. Judge Gorsuch’s is in its third day. |
Here are some highlights so far: | Here are some highlights so far: |
Senator Dianne Feinstein of California, the top Democrat on the Judiciary Committee, pressed Judge Gorsuch about a torture-related document from his time as a senior Justice Department official in 2005-6. It was a set of questions about the C.I.A. program, including: “Have the aggressive interrogation techniques employed by the administration yielded any valuable intelligence? Have they ever stopped a terrorist incident? Examples?” In the margin next to this, Judge Gorsuch had scribbled, “Yes.” | |
Ms. Feinstein, who was the chairwoman of the Senate Intelligence Committee when it conducted an investigation into the Bush-era torture program that concluded otherwise — asked Judge Gorsuch what information he had received that led him to write “yes.” | |
He replied: “My recollection of 12 years ago is that that was the position that the clients were telling us. I was a lawyer. My job was as an advocate, and we were dealing with detainee litigation. That was my job.” | |
Ms. Feinstein suggested that “people who advise have an obligation to find out the truth in these situations.” She then talked a bit about her committee’s discovery of “the horrendous nature of what went on,” but moved on. | |
It has been the custom of Supreme Court nominees to endorse video coverage of arguments in the court during their confirmation hearings — only to retreat later on. Judge Gorsuch would not even go that far. | It has been the custom of Supreme Court nominees to endorse video coverage of arguments in the court during their confirmation hearings — only to retreat later on. Judge Gorsuch would not even go that far. |
Senator Charles E. Grassley, the Iowa Republican who heads the Senate Judiciary Committee, asked the Judge Gorsuch on Wednesday morning to keep an open mind on the topic. The judge agreed to do that much. | Senator Charles E. Grassley, the Iowa Republican who heads the Senate Judiciary Committee, asked the Judge Gorsuch on Wednesday morning to keep an open mind on the topic. The judge agreed to do that much. |
On Tuesday, Judge Gorsuch said of cameras in the courtroom that “it’s not a question that I confess I’ve given a great deal of thought to,” adding that, “I’ve experienced more cameras in the last few weeks than I have in my whole lifetime by a long, long way.” | On Tuesday, Judge Gorsuch said of cameras in the courtroom that “it’s not a question that I confess I’ve given a great deal of thought to,” adding that, “I’ve experienced more cameras in the last few weeks than I have in my whole lifetime by a long, long way.” |
The last two successful nominees, Justices Elena Kagan and Sonia Sotomayor, endorsed camera coverage at their hearings. | The last two successful nominees, Justices Elena Kagan and Sonia Sotomayor, endorsed camera coverage at their hearings. |
“I have had positive experiences with cameras,” Justice Sotomayor said in 2009. | “I have had positive experiences with cameras,” Justice Sotomayor said in 2009. |
In 2010, Justice Kagan said video coverage “would be a great thing for the institution, and more important, I think it would be a great thing for the American people.” | In 2010, Justice Kagan said video coverage “would be a great thing for the institution, and more important, I think it would be a great thing for the American people.” |
After joining the court, the two justices started expressing doubts about the value of letting citizens see their government at work. | After joining the court, the two justices started expressing doubts about the value of letting citizens see their government at work. |
Mr. Grassley began on Wednesday by noting — a bit wistfully — that Judge Gorsuch’s former boss, Justice Byron R. White, coasted through his Supreme Court confirmation hearing in 90 minutes. | Mr. Grassley began on Wednesday by noting — a bit wistfully — that Judge Gorsuch’s former boss, Justice Byron R. White, coasted through his Supreme Court confirmation hearing in 90 minutes. |
Now, that’s how long it takes three senators (out of 20 on the committee) to complete their questioning. | Now, that’s how long it takes three senators (out of 20 on the committee) to complete their questioning. |
“I’m sure that you needed your rest,” Mr. Grassley said to Judge Gorsuch. Mr. Grassley said he was “prepared to stay as long as we need” to get through the rest of the questions from senators. | “I’m sure that you needed your rest,” Mr. Grassley said to Judge Gorsuch. Mr. Grassley said he was “prepared to stay as long as we need” to get through the rest of the questions from senators. |
Mr. Grassley also deemed himself an effective prognosticator. | Mr. Grassley also deemed himself an effective prognosticator. |
“Yesterday I predicted that you’d get asked a lot of questions that it wouldn’t be right for you to answer,” Mr. Grassley said, suggesting both parties had their share of offenders. “And unfortunately, I was right.” | “Yesterday I predicted that you’d get asked a lot of questions that it wouldn’t be right for you to answer,” Mr. Grassley said, suggesting both parties had their share of offenders. “And unfortunately, I was right.” |