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Blog: Sotomayor Confirmation, Day 4

Washington, D.C. Bureau reporter Scott McFarlane sends these blogs from the confirmation hearing for Supreme Court nominee Sonia Sotomayor: (Times listed are Pacific.)


Day 4 Blog| Day 1, 2 Blogs | Day 3 Blog

Blog at 6:33 a.m.
We're going back in time!

No air conditioning in the Senate hearing room for Day 4 of the Sonia Sotomayor confirmation hearings. And the power in the press area is fickle and occasionally "browning out." This is what it must've been like covering these hearings a generation ago.

Jon Kyl, the #2 Republican in the Senate, has begun his second round of questioning. The topic: racial discrimination issues. Kyl, perhaps due to the air conditioning troubles, is in shirtsleeves. No coat.

Judge Sotomayor shows no signs of wear-and-tear on her fourth day beneath the spotlight. Strong voice. High energy. And she's still resting her broken ankle on a small stool beneath the witness table.

Blog at 6:52 a.m.
It's like a crowded nightclub in here today. Wall to wall people. (Only difference: nobody's elbowing each other en route to the bar)

There rare high expectations among the visitors and media that there'll be some spark from the new characters about to surface. Witnesses!

Once Senators conclude their second round of questioning --- hopefully by early afternoon -- this panel will begin calling witnesses to testify for or against Judge Sotomayor.

Among those expected: New York Mayor Michael Bloomburg, former FBI Director Louis Freeh and Former NY District Attorney Robert Morganthau.

We'll also hear from witnesses who'll testify against the judge, including Frank Ricci, the New Haven, CT firefighter at the center of a racially-charged discrimination case on whiich Sotomayor once ruled.

Ricci might have to wait till tomorrow, though. *EVERYONE* here is long-winded. EVERYONE is using the full allotment of time to speak.

Blog at 7:04 a.m.
Seven Capitol police officers are guarding the back doors of the hearing room. Most, if not all, appear fully armed, young and particularly strong.

Officers have been forced to pull a handful of loud, screaming protestors from this room already this week. Perhaps anticipating another outburst, the officers are positioned nearest the exit doors.

Big scare here last night. An armed man led a police chase near the north side of this building, injured two officers and was struck and killed by police gunfire. As many as 20 gunshots, according to a witness with whom I spoke. All of this happened while the judge's confirmation hearing was in session.

There's always sensitivity about gunfire and police activity near the Capitol. Particularly so among the media, during such an historic moment.

Blog at 7:08 a.m.
I saw a few eyes roll at the press table a moment ago.

Sen. Dianne Feinstein, telegraphing her intention to vote in favor of Sotomayor's confirmation, said the judge is a"Walking, talking example of the best part of the United States of America." Not sure precisely why that struck people in the press area. But it most certainly did.

Blog at 7:20 a.m.
It's never too early to plan, I suppose.

Even as Texas Sen. John Cornyn prepares for his second round of questioning, his staff is lining up a conference call for 1;10pm, for the Senator to share his thoughts with a bunch of reporters back home. I just received notification about the conference call from his press staff.

The press response -- the *rapid* response -- is breath-taking arond here this week.

As soon as Senators begin their questioning, *live* on national TV, they hustle over to cameras or reporters, so they can speak *live* on TV. No surprise *some* of the Senators are noticeably wearing pancake TV makeup.

Blog at 7:28 a.m.
Senators often become bigger stars the witnesss themselves at these types of hearings.

One standout is becoming obvious: South Carolina Republican Sen. Lindsey Graham.

He *commands* the hearing room's attention every time he speaks. I keep seeing the heads turn when Graham speaks.

He's engaging. He asks the sharpest questions of the judge (including Tuesday's newsmaking line of questioning about the judge's "temperament" and criticisms she was a "bully")

Right now, he's hitting a series of hot-button issues. Abortion, desegregation and the New Haven firefighters' case (racially charged too)

He makes funny remarks, saying coyly that Judge Sotomayor has said some things "that bug the hell out of me."

Most importantly, Graham is flirting with the possibility of voting to confirm the judge. He is repeatedly crediting Sotomayor with having great credentials. And he's said famously this week, regarding President Obama, that "elections mattter" -- a possible hint that he might back the President's nominee when the vote comes.

Blog at 7:53 a.m.
Manny of the spectators here have been eagerly awaiting the testimony of the New Haven, CT firefighter. (hoping for fireworks, hoping for color, hoping for some drama) He's at the center of a racial discrimination case that the GOP has been using as a weapon against Judge Sotomayor.

Many have been waiting. And it appears they'll have to *keep* waiting.

The firefighters, who filled an entire row of seats here yesterday, are conspiciously absent today. (A Senate Judiciary Committee alert about today's proceedings indicated the firefighter would likely testify today) It appears less likely now.

John Cornyn, the Texas Republican and former judge himself, is squeezing a few challenging questions into his second round of questioning. He's been suggesting that Judge Sotomayor has been hypocritical or opaque (he said her previous public statements contradict her testimony here this week)

Blog at 8:01 a.m.
He's similar to a relief pitcher warming up in the bullpen.

Arlen Specter is the next Senator in line to ask questions. I inched over to a photographer platform to get a good vantage point of Specter prepping his questions.

Unbelieveable. He's studying a stack of stapled papers that's larger than your college notebooks. He's swiftly and repeatedly passing papers back and forth with an aide who's seated in a chair two feet behind the Senator. Reading glasses: on. He's making highlights, notes and underlines.

We'll see where he goes with his questions. They begin in moments.

Blog at 8:08 a.m.
It's no surprise that Al Franken had a prior career working the grueling hours of late night television. (The "all-nighters" involved in the production Saturday Night Live became legendary in the recent publication "Live From New York")

I'm watching him knock back coffee after coffee, yet he's sitting as still as can be. He rarely makes notes. He rarely fidgets in his seat. He's stoic and immovable.

I suspect caffeine has lost its effect on Franken.

He'll ask questions after Sen. Specter finishes. We're all wondering: Is he gonna crack his first joke as Senator?

Blog at 8:14 a.m.
Arlen Specter has won over some of the folks in the room. (The TV folks, of which there are many!) He's again pressing the judge on the issue of cameras in the courtroom. He's a longtime champion of televising the Supreme Court. (Admittedly, it wouldn't be as spicy a courtroom drama as Perry Mason or Columbo).

He just entered a survey by C-SPAN (Likely showing support for cameras in the Supreme Court) into the offical committee record.

One twist: C-SPAN is offering gavel-to-gavel coverage of these hearings.

"Would you tell your colleagues the favorable experience you've had in your (New York federal) courtroom?", Specter just asked.

Sotomayor said she *would* relay her experience. And she said she will participate in discussions with them on this issue. (kind of a non-committal answer)

But -- lemme tell ya -- the TV reporters here were on the edge of their seats.

Blog at 8:21 a.m.
Wow... this totally off topic..... but some NPR reporters snuck snacks in the hearing room. A *huge* no-no. But they're clearly pleased with their work -- as they knock back M&Ms and Mini Chips Ahoy cookies. Covertly. Quietly. (They weren't bold enough to sneak in a glass of milk and straw)

Which leads me to my point.... there are about 50 Congressional staffers sitting at the dais, behind the Senators. They have the discipline of soldiers. They're on-camera seemingly at all times. They don't nod off. They sit upright. They look alert. No food, no drinks and no gum. And they answer the odd assortment -- and large assortment -- of questions from their bosses at the table.

Let me tell you, as a former Congressional staffer, I was often amazed by the wild, unpredictable series of questions I was asked while on duty by members of Congress. It's like being a political concierge.

Blog at 8:21 a.m.
Wow... this totally off topic..... but some NPR reporters snuck snacks in the hearing room. A *huge* no-no. But they're clearly pleased with their work -- as they knock back M&Ms and Mini Chips Ahoy cookies. Covertly. Quietly. (They weren't bold enough to sneak in a glass of milk and straw)

Which leads me to my point.... there are about 50 Congressional staffers sitting at the dais, behind the Senators. They have the discipline of soldiers. They're on-camera seemingly at all times. They don't nod off. They sit upright. They look alert. No food, no drinks and no gum. And they answer the odd assortment -- and large assortment -- of questions from their bosses at the table.

Let me tell you, as a former Congressional staffer, I was often amazed by the wild, unpredictable series of questions I was asked while on duty by members of Congress. It's like being a political concierge.

Blog at 8:44 a.m.

We're waiting on the arrival of some more high-powered guests. His honor, New York Mayor Michael Bloomburg is expected soon.

But he's not here waiting his turn to speak. (I suppose he's gonna a city to run -- and might need to tend to that)

Now that I think of it - many of the witness chairs are empty. It's increasingly clear to us -- though it's gone unsaid by Senators -- that things are moving slower than expected.

Nearly every Senator wants his use every minute available to him/her to speak. Few Senators are taking a pass on this round of questioning. Few are cutting themselves short to save time.

Visitors and press are grimacing each time someone asks for "just a few more moments" to speak.

My wife always feels the same way when I drag her to a broadcasters convention. Everybody keeps talking and talking and talking.

Blog at 8:58 a.m.
Another day; another set of aggressive of abortion protestors outside the Hart Senate Building.

One was dressed in all black (including a veil) and shouting into a megaphone about the government "wanting to suck out the brains of our children." Another was carrying uncomfortably ugly photos.

The protestors are growing in number and volume as the confirmation proceedings continue this week.

Inside: Oklahoma Sen. Tom Coburn spent much of his 20 minute allotment of questions grilling Sotomayor about abortion. He's about to wrap up.

For a third day in a row, Sotomayor has avoided giving a demonstrative, detailed explanation of her views on abortion.

Skillful.

Blog at 9:02 a.m.
Tom Coburn just said, "I'm not yet sure where I'm going with this." (indicating he's undecided on his vote)

One newspaper reporter just told another "If Coburn votes yes, it's gonna be a landslide for Sotomayor."

Bad news for some in this room: The Republicans on the Committee have requested a third round of questioning of the judge. That threatens to extend these hearings. Quite a bit.

No final decision yet from the committee.

Blog at 9:05 a.m.
Al Franken just thanked Sotomayor for her "patience."

This is indeed a tiring episode.

Franken just asked "Why do you want to be a Supreme Court Justice?" Sotomayor immediately requested the indulgence of the committee to allow her to tell a story.

You couldn't see it on TV, but there was a stir in the room -- as if to say, `Maybe we'll hear something animated or interesting.'

One minute later, the story is still being set-up. I can't imagine these proceedings will be finished by Friday.

Blog at 9:12 a.m.
Jeff Sessions, the Alabama Republican leading his party in the hearings, just began an unexpected third round of questioning.

He asked the judge whether she'd accept a pay freeze if/when she gets to the Supreme Court.

Sotomayor's response, "I've lived on my (Federal judge) salary for 17 years, I'll continue to do so."

That's the first time money has surfaced during these hearings.

Congressoinal pay and judge pay is always a touchstone issue with the public. From my personal experience, I can tell you some Congressional leaders are *very* sensitive when asked about their pay. Sore spot.

Blog at 9:14 a.m.
Republicans on the committee just re-iterated that they will not support a filibuster of Sotomayor.

Looks like there'll be a final vote onn the judge's confirmation by August.

Blog at 9:22 a.m.
We're hearing a final Judiciary Committee vote on Judge Sonia Sotomayor is expected Tuesday.

He won't answer the question yet... but everyone wants to ask South Carolina Republican Sen. Lindsey Graham, "Are you gonna vote to confirm Sotomayor?"

He's teasing us with indications he might.

Here's what we're all waiting for -- Graham just sat down to ask another 10 minute round of questions. He'll likely do so within the next 30 to 50 minutes. We're standing by to hear what he has to say!

Blog at 9:46 a.m.
Jon Kyl, a GOP Senator from Arizona, just told Judge Sotomayor that he had "empathy" for her for withstanding the long series of Q&A. "Empathy" is a buzzword that has stirred controversy in this nomination process. (President Obama, when touting Sotomayor, credited her with having empathy, I believe) Conservatives said empathy is an irrelevant quality for a judge.

To make a long story short, no one laughed at Kyl's joke. The crowd is getting punchdrunk. (Remember how you felt at the end of that VERRRY long college lecture class you took. Only so much of what the professor says actually "sinks in")

As Republicans queue up their final list of questions for Sonia Sotomayor, anticipation is nevertheless growing for the witnesses that'll follow.

Judging by the empty chairs behind Judge Sotomayor, spectators and supporters are getting an early lunch. They likely aren't expecting much of a show until those witnesses arrive and start answering questions from the Senators late today.

Accordingly, I'll stand down this blog for the day -- and begin preparing our coverage on-the-air for 5 and 6 o'clock. We're gonna dig up some more details about whether any of these Republicans is turning toward voting for Sotomayor. And we're gonna find out what these witnesses will actually say. I'll see you on TV later this afternoon.

Have a great day!

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