The Alito Supreme Court confirmation hearings lit up for the first time today with a dust-up between Sen. Arlen Specter (R-Penn.) and Sen. Ted Kennedy (D-Mass.)
It happened after Sen. Kennedy grilled nominee Sam Alito on his acknowledged "membership" in an organization known as CAP (Concerned Alumni of Princeton).
Kennedy had peppered Alito with quotes from CAP's mailings and statements, trying to find out if Alito subscribed to the rather extreme views of the group in the years after Alito left Princeton.
Alito again said he had no recollection of membership in the Concerned Alumni of Princeton, the conservative group that he listed on a job application. "If I had been involved actively in any way in the group, I'm sure that I would remember," Alito said.
The questions about CAP led to a testy exchange between Kennedy and Committee Chairman Arlen Specter, R-Pa.
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Last month, Kennedy sent a letter to Specter seeking a committee subpoena for private documents of William A. Rusher, a founder of the group, that Kennedy said might shed light on Alito's membership.
Specter said he had not received the letter and bristled at Kennedy's pledge to push repeatedly for a committee vote on a subpoena.
"I will not have you run this committee," said Specter, who brushed aside Kennedy's threats.
Here is the exchange:
KENNEDY: I'd move that the committee go into executive session for the purpose of voting on the issuancing of - the sole purpose for issuing the subpoena of those records.
SPECTER: Well, we'll consider that, Senator Kennedy. There are many, many requests which are coming to me and many quarters. And, quite candidly, I view the request - if it's really a matter of importance, you and I see each other all the time and you have never mentioned it to me.
And I do not ascribe a great deal of weight - we actually didn't get a letter, but...
KENNEDY: You did get a letter. Are you saying...
SPECTER: Well, now wait a minute; you don't know what I got. I'm about to...
KENNEDY: Yes I do, Senator, since I sent it.
SPECTER: Well, the sender does not necessarily know what the recipient gets, Senator Kennedy. You are not in a position to say what I receive.
If you'll bear with me for one minute.
KENNEDY: But I am in a position to say what I sent to you on December 22.
SPECTER: You're in a position to tell me what you sent.
KENNEDY: I renew my request, Senator. And if I'm going to be denied, then I'd appeal the decision of the chair.
I think we are entitled to this information. It deals with the fundamental issues of equality and discrimination.
This nominee has indicated he has no objection to seeing us these issues. We've gone over the questions and we are entitled to get that kind of information. And if you're going to rule it out of order, I want to have a vote on that here on our committee.
SPECTER: Well, don't be premature, Senator Kennedy. I'm not about to make a ruling on this state of the record.
I hope you won't mind if I consider it, and I hope you won't mind if I give you the specifics that there was no letter which I received.
I take umbrage at your telling me what I received. I don't mind your telling me what you mailed. But there's a big difference between what's mailed and what's received. And you know that.
We're going to move on now. Senator Grassley...
KENNEDY: Mr. Chairman, I'd appeal the ruling of the chair on this.
SPECTER: There has been no ruling of the chair, Senator Kennedy.
KENNEDY: Well what is the - my request is that we go into the executive session for the sole purpose of voting on a subpoena for these records that are held over at the Library of Congress - that purpose and that purpose only.
And if I'm going to be denied that, I'd want to give notice to the chair that you're going to hear it again and again and again and we're going to have votes of this committee again and again and again until we have a resolution.
I think it's...
SPECTER: Well, Senator Kennedy, I'm not concerned about your threats to have votes again, again and again. And I'm the chairman of this committee and I have heard your request and I will consider it.
And I'm not going to have you run this committee and decide when we're going to go into executive session.
We are in the middle of a round of hearings. This is the first time you have personally called it to my attention, and this is the first time that I have focused on it. And I will consider in due course!
The New York Times, according to Fox News' Brit Hume, has already looked at those documents, and concluded that they had nothing to do with Sam Alito.
Commentators conclude that Kennedy, having been around the Senate for a long time and being well versed in the ways of the media, engaged in this argument:
1) to get the media talking about CAP
2) to put a bump in the so-far smooth road Sam Alito has had in the hearings
3) to provide a possible reason for a filibuster on the floor of the Senate.
During the afternoon session, Sen. Specter expressed surprise that Sen. Kennedy brought up the issue in the way he did during the hearing, and was reminded by his chief of staff that he had heard about the letter, but recalled that Mr. Rusher's documents on CAP had nothing to do with Alito.
Specter said they called Rusher, who confirmed this - and Specter added that a staffer was on the way to the Library of Congress to get the records.
Kennedy said, "I thought as a matter of routine we'd have access to those records ... the important fact is we're going to get those records."
He added that he thought Alito hadn't been forthcoming in his answers on CAP, and that Kennedy wouldn't have had to call for the documents had Alito more thoroughly answer his questions.
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