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  • Blog Buzz: Kagan on abortion and finreg

    With so many stories in the news today, there were a few that circulated heavily in the conservative and liberal blogospheres, among them, Elena Kagan’s involvement in a Supreme Court ruling on a partial-birth abortion ban and the fate of the financial regulatory reform bill.

    Many bloggers on the right weighed in on a SCOTUS ruling against a Nebraska ban on partial-birth abortions in 2000, in which a former deputy assistant attorney general during the George W. Bush administration accuses Kagan, who was then a deputy domestic policy assistant to President Clinton, of “manipulat[ing] medical science to fit the Democratic party’s political agenda on the hot-button issue of abortion.”

    In an article on the National Review website, Shannen Coffin, who oversaw the Bush administration’s ban on partial birth abortions, wrote that during the 2000 Supreme Court partial-birth abortion ruling, the court relied a statement by the American College of Obstetricians and Gynecologists as an example of medical opinion supporting the procedure, which Coffin says Kagan edited to express more certainty that the procedure is, in some cases, “the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman and a doctor should be allowed to make this determination.”

    Coffin concluded in his piece that “Miss Kagan’s decision to override a scientific finding with her own calculated distortion in order to protect access to the most despicable of abortion procedures seriously twisted the judicial process. One must question whether her nomination to the Court would have the same effect.”

    “If this is how Kagan is willing to manipulate facts, one can only shudder to imagine what sort of activism she would bring to the Supreme Court,” Red State’s bk commented.

    And at Hot Air, Ed Morrissey wrote that Kagan’s changes weren’t “a lie, and may not even breach ethical canons for lawyers working as advocates for a cause” but added that they “call into question Kagan’s ability to be independent and her judgment as a potential jurist, and Republican Senators on the Judiciary Committee should be asking Kagan to explain herself in today’s hearing.” (Which they did, prompting Jeff Sessions, the ranking Republican on the Senate Judiciary Committee to tell NRO that Kagan’s responses about her association with the memo are “another example” of “the nominee’s troubles.”

    Liberals, meanwhile, were focused on another headline out of Capitol Hill: the fate of the financial regulatory reform bill. Some criticized Sen. Russ Feingold for being the single Democratic holdout votes on the bill, urging him to throw his hat in the ring and vote for some – any – reform.

    Regarding the financial bill’s holdup, MyDD’s Nathan Empsall warned that Feingold is cutting off his legislative nose to spite his face: “Feingold… is almost taking the position that unless we end too-big-to-fail (and it is too bad that the bill doesn't), then we should leave the current system in place exactly as it is.”

    More: “I truly admire Feingold and am happy to fundraise for his re-election campaign, but I think he's making a terrible mistake here. If the bill’s strength is already losing it votes, holding out for something better will lose even more. Give Feingold what he wants and not only do the four Republicans firm up their opposition, perhaps we lose not only Bayh but Ben Nelson as well, who voted against an initial procedural motion. That takes us from a possible 61 and passage to a ceiling of 56-57 and failure.

    “… If Feingold and others want to register discontent, they should vote for cloture and against the bill, but a vote against cloture is a vote for Jamie Dimon and a vote for the 2007-8 status quo.”

    But at AMERICA blog, Chris in Paris stuck to the original argument that the bill just isn’t strong enough “So is it the Democrats' messaging that completely sucks or are they just complete, gutless cowards? You know they are in bad shape when they can't even pass this mild "reform" because they're too afraid to fight the GOP who can't stop supporting Wall Street's bad behavior. Either way, they suck. Why do we vote for these people?”

    Ballon Juice’s mistermix resisted blaming one particular legislator, instead declaring a pox on the process that stalled the bill’s passage, including Republican Sen. Scott Brown's last-minute holdout due to the last-minute bank tax that was added. “I’d like to blame Feingold and Cantwell’s principled stances for this one, but I doubt that it mattered. Without a 60-40 majority, whoever was Republican 60th vote would have extracted some other, equally stupid compromise to get this thing passed. Brown was just the designated prima donna for this one.”

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  • 'Blowout' hearing blowups

    From NBC's Duncan McKenna
    After weeks of oil spill hearings, it was obvious today, the issue still hits a raw nerve for many House members. At a hearing on Safety Regulations for "high risk wells." House members went head to head -- some demanding stronger safety regulations while others were vehement about protecting the oil industry.

    Those supporting the bill claimed it would hold the oil industry more accountable to safety regulations, lowering the risk for future oil spills. Those opposed were convinced the oil and gas industry in America would be decimated if the bill passed, leaving Americans solely dependent on foreign energy sources and with out oil and gas related jobs. According to the opposition, a "high risk well" is ambiguous -- according to them, almost every well off shore and on shore could be considered "high risk." Opponents also argued, legislation cannot be passed on safety regulation until the investigation into the Horizon explosion was finished.

    During opening statements, lawmakers were not only split down the aisle, but also by geographic location, as Rep. Jane Harman (D-CA) pointed out, "There are regional differences between us; they are not partisan but regional."

    Gulf coast region lawmakers also felt torn.

    "It's difficult to stand in oil up to my ankle asking for more oil, but its important for our lives and our livelihood," said Rep. Melancon (R-LA).

    However, partisan tensions did flare.

    Rep. Scalise (R-LA) attacked the Obama administration's response to the Gulf, stating, "The oil is moving faster than the federal government; we need answers and leadership from the president and, unfortunately, we have neither."

    Rep. Dingell fired back. "The reason for this mess in the gulf is the fact, for a long period of time we were, 'Drill, baby, drill." He then exclaimed that the Bush administration's Minerals Management Service "had become almost as corrupt as Sodom and Gomorrah."

    Interior Deputy Secretary David Hayes supported the legislation, stating new safety regulations must be put in place. When asked by Rep. Green (D-TX) about what Green feared to be a "de facto moratorium on shallow wells," since the Horizon spill, Hayes stated, in a drawn out answer, "There are a number of permits now that are mature that we are looking to process. ... We expect more shallow-water drilling APDs to be granted in the near future."

    Other Witnesses were John Martinez, consulting production engineer, Production Associates; and Elgie Holstein, senior director for strategic planning, Environmental Defense Fund.

    Green: "Since a shallow well is 500 feet or less up until last week there were no permits issued ... because my fear is not only are we having a six-month moratorium on deep-water wells, but de facto moratorium on shallow wells where we do produce a lot of our natural gas. ... Do you have any personal information on any permits issued since Horizon for shallow-water drilling permits?"

    Hayes: " I don't have the exact information, but I know there are a number of permits now that are mature and that we are looking to process. We had a notice to ... about 10 days ago requiring some additional information from folks on blowout scenarios. That information has been coming in and once that information is in.... APD decisions can be made, and so we talked about this with a group of industry folks at the department just about a couple of days ago. We expect more shallow-water drilling APDs to be granted in the near future. The is no moratorium on shallow water and we want to move it through, but we were requiring that operators meet the new safety requirements that were laid out in the 30-day report that has been strongly supported by industry we had folks in just a few days ago to confirm that. The there was this important gap in terms of the expiration plan -- having the description of the blow out scenarios and that's being filled now the combination of those two things will enable those permits to continue to be granted."

  • In campaign-style speech, Obama blasts GOP

    AP

    From NBC's Athena Jones
    The president used a town hall on the economy Wednesday to blast Republicans for doing little to help jump-start the recovery or to help prevent the kind of near collapse of the financial system that led to the worst economic crisis since the Great Depression.

    In a fiery, campaign-style speech before a crowd of some 1,350 people in Racine, WI, the president said the economy was growing and adding jobs and that Congress was on the verge of passing a comprehensive overhaul of the financial regulatory system that he said would protect the economy from "the recklessness and irresponsibility of a few," protect consumers and make sure that taxpayers don't have to foot the bill for Wall Street's mistakes. But he criticized the opposition, particularly House Minority Leader Rep. John Boehner (R-OH), for not supporting the bill.

    "The leader of the Republicans in the House said that financial reform was like -- and I'm quoting here -- using a nuclear weapon to target an ant," Obama said. "He compared the financial crisis to an ant. This is the same financial crisis that led to the loss of nearly eight million jobs; same crisis that cost people their homes; their life savings."

     

    The president was referring to comments Boehner made in an interview with the Pittsburgh Tribune-Review newspaper. The Republican leaders told the paper, in reference to the financial regulatory bill: "This is killing an ant with a nuclear weapon."

    Obama said most people don't see the financial crisis as an ant, reprising a common theme from the presidential campaign, when he consistently sought to show that Democrats understood the concerns of everyday Americans, while Republicans were "out of touch" and beholden to large corporations and lobbyists. In fact, White House Press Secretary Robert Gibbs used that very phrase to describe Boehner during the daily press briefing on Tuesday and Obama repeated it today, signaling the argument would likely play a role in this year's elections -- along with other common themes from 2008 like fighting for change and against "the interests of the status quo."

    "He can't be that out of touch with the struggles of American families," Obama said of Boehner. "And if he is, then he's got to come here to Racine and ask people what they think."

    With the mid-term election approaching and polls showing the economy remains issue number 1, the White House is eager to demonstrate that they are focused on jobs and to convince voters that the steps the administration has taken so far, with the help of Democrats in Congress, have helped to put the economy on the right track.

    The White House has launched "Recovery Summer", during which administration officials will be traveling all around the country highlighting infrastructure projects funded by the stimulus package and during the 40 minutes he spent answering six questions, the president spent some 13 minutes explaining and defending the stimulus package, which critics have said was too costly and has done too little to create jobs.

    Still, officials admit there's a long way to go. Obama noted that Racine, where today's event was held, has the second highest employment rate in the state -- at 14 percent, and noted that he wanted to see the nation's economy growing faster, at 4% or 5%, to help create more jobs. Today he called on Congress to take additional steps to speed the recovery, from extending unemployment benefits -- noting that Republicans have been blocking a vote on this issue -- to helping small businesses get access to credit and providing aid to states.

    The latest NBC/Wall Street Journal poll showed there was more pessimism about the economy in May than there had been since July of last year, with only 33 percent believing it would improve in the next 12 months. Sixty-six percent said the economy would get worse or stay the same.

    States are still facing deficits that could lead to more job cuts and the Consumer Confidence Index fell precipitously in June, a bad sign in a country where consumer spending accounts for 70 percent of GDP. Despite five straight months of job growth, private sector job creation continues to lag. Even so, the president made a point in Racine of noting that the economy had added private sector jobs for five months in a row. Wall Street is bracing for a Friday jobs report that could show fewer jobs were created overall last month, as government census jobs disappear.

    Boehner's response
    Boehner's office released a statement after the White House sent out excerpts of the remarks the president was to make in Racine.

    "Attacking Republicans is a lot easier than explaining to the citizens of Racine, who face 14 percent unemployment, why one in every 10 Americans in our workforce is unemployed nearly 18 months after the president's trillion-dollar 'stimulus' spending bill was enacted," the statement read, in part.

    It went on to say that the financial regulatory overhaul would "kill more jobs" and make matters worse in part because it does not include a revamp of Fannie Me or Freddie Mac, the government mortgage companies contributed to the financial crisis.

  • Boehner fires back at Obama White House

    In an interview with Dan Balz of the Washington Post, House Minority Leader John Boehner fired back at Democrats who have seized on the Republican's seeming comparison of the financial crisis to an "ant." (The Boehner-Balz interview was conducted a few hours before President Obama's speech drawing on Boehner's "ant" comment.)

    "They're the ones who are out of touch with what the American people expect of Washington," he said of the administration. "The American people want us to deal with the economy and jobs. And what have they dealt with? They've dealt with health care. They've dealt with cap and trade. And then they've gone overboard with financial regulatory bill. Growing the size of government, taking more from the American people at a time when Americans want them to focus in on the economy.

    Boehner said his reference to an ant "was not a judgment of the financial crisis. It was how to fix it. Clearly there were holes in our regulatory process and we could have fixed those holes but that's not what this bill does. This bill goes way beyond all of that and puts the federal government in a huge role in terms of how our whole financial system's going to work in the future. That's what I was talking about."

    Boehner said he worries that the economy could undergo a double dip recession, saying he fears debt refinancing in Europe later this year could bring "more shocks to the system." But he firmly rejected the administration's course in dealing with the crisis.

    "I'm not a Keynesian economist," he said. "I just think that all the spending that they've pumped out there has done virtually nothing."

  • Ad Watch: Giannoulias hits back

    A day after Rep. Mark Kirk released two attack ads meant to deflect criticism from his own mistakes to his opponent's history at his family's failed bank, Democratic Senate candidate Alexi Giannoulias is up with a new ad compiling some of the misstatements Kirk wants voters to forget about.

    IL SEN, Giannoulias, "On and On"
    6/30
    REPORTER: Mark Kirk is caught in a lie. KIRK: I was the Navy's Intelligence Officer of the Year. REPORTER:S He claimed a military award he actually never won. Congressman Mark Kirk's explaining a second false claim where what he said about his military record did not match what actually happened. KIRK: The last time I was in Iraq I was in uniform and the Iraqi air defense network was shooting at us. REPORTERS: Not exactly. In fact there's no record of that attack. He has said that he had served in Iraq. KIRK: I served in Iraq and Afghanistan. REPORTER: Kirk's claim he fought in the first Iraq war was not true. Still more questions tonight about Congressman Mark Kirk's military record. KIRK: I command the war room at the Pentagon. REPORTERS: Kirk does serve in the Pentagon's alert center, but does not command it. He did violate Pentagon rules; twice, actually, for improperly mingling politics with his military service. We're starting to see one lie after another, after another. What is it that makes people think that they can get away with lying about their record?

    IL SEN, Kirk, "Risky"
    6/29
    Alexi Giannoulias is only thirty four years old. But what a 34 years it's been! At his father's bank Alexi made tens of millions of risky loans to convicted mobsters. Then the bank collapsed. As treasurer, he made risky investments that cost families 73 million in lost college savings. Now running for Senate, Alexi supports higher taxes to fund billions more in spending. Alexi Giannoulias. Trust him with your money?

    IL SEN, Kirk, "Stand"
    6/29
    America's biggest environmental disaster. Where do the candidates stand? Mark Kirk won praise for helping stop BP when it tried to pollute Lake Michigan. The Chicago Sun-Times wrote, Kirk quote, fought hard to stop BP from dumping more waste into the lake. In contrast, Alexi Giannoulias's top aide was a longtime BP lobbyist. And now Alexi says higher energy taxes are on the table. Kirk and Giannoulias. Big differences on the environment and taxes.

    DNC, anti-Boehner (web) "Ants? Really, John Boehner?"
    6/29
    ANNCR: This week John Boehner compared Wall Street reform to killing an ant with a nuclear weapon. Congressman Boehner, this is a bunch of ants. FOX: The economy is in crisis. ANNCR: This is the 2008 financial crisis. MSNBC: Money, jobs, even major businesses all evaporating because of worries of a financial crisis. CNN: Markets have frozen up. ABC: There's talk of a collapse, a crash, maybe even another Great Depression. SHELBY: We're now facing the most serious economic crisis, as Chairman Dodd said, in a generation. Congressman Boehner, any questions?


    VA-5, Periello, "New Jobs"
    6/29
    PERIELLO: I know times have been tough for Virginia families. That's why I'm so serious about jobs and economic relief for you. And while producing results back on Main Street, I've been fighting hard to bring Main Street values to Washington. Fought to add new jobs at dairy farms. And landfill projects that turn methane waste into clean energy. While I strongly opposed the big bank bailouts, we've added jobs, bringing broadband internet to over 120 public schools, while closing the tax loopholes rewarding companies for sending our jobs overseas. We've also added jobs to construct new park trails. And protect jobs here, in law enforcement. While providing economic relief in the form of tax cuts to 98% of Virginia families. We've added construction jobs to rebuild roads and bridges. While making health care more affordable and secure for our seniors and small business owners. And added more jobs to weatherize local homes. All this without taking a single dollar from federal lobbyists for my campaign. I'm Tom Periello and I support this message because I guarantee that no one will work harder to bring jobs to Virginia.


    MN GOV, Dayton, "Fair Share"
    6/29
    Tim Pawlenty has protected tax loopholes for the richest Minnesotans while cutting education funding for our children. Mark Dayton says it's wrong. DAYTON: We're gonna make the rich pay their fair share in taxes. If the richest Minnesotans paid the same percent of their income in state and local taxes as everybody else that would be over 4 billion dollars in additional revenue. That would go a long way to solving our deficit. Being able to fund our schools, being able to reduce class sizes, if the rich can afford to pay their fair share they should pay their fair share and if I'm governor they will pay their fair share.


    Dayton, "A Government as Good as Our People"
    6/29
    Mark Dayton will close the tax loophole for the rich. DAYTON: The richest Minnesotans can avoid paying their fair share in taxes, that will change when I'm governor. MAN: Same old story, it's nothing new. It'd be great to see that happen. DAYTON: I'm gonna take that money and invest it in our schools, make the better quality education for young people, for college students, for families who can't afford tuitions. I'm going to make the richest Minnesotans pay their fair share in taxes so you pay less taxes. ANNCR: Isn't it time to have a government that's as good as our people? WOMAN: That's what we need. Dayton. Governor. For a better Minnesota.


    League of Conservation Voters, SEIU, Sierra Club and VoteVets Action fund, "Front Line"
    6/29
    KEVIN JOHNSON: In Iraq, my batallion helped protect oil supplies from insurgent attack. Today, I'm helping to put up wind farms across America. This year, thousands of soldiers will return home. Looking to get on with their lives. Senator Claire McCaskill is making that a little bit easier. Voting to hold oil companies accountable and creating thousands of clean energy jobs across Missouri. Thank Senator McCaskill and tell her to keep fighting for a clean energy climate plan and the Missouri jobs that come with it.



    League of Conservation Voters, SEIU, Sierra Club and VoteVets Action fund, "Clean Up"
    WORKER: We pulled one out of the water this morning. Completely covered in oil. Name's Senator Richard Burr. ANNCR: Sen. Burr's record is a little... oily. Big oil has showered him with hundreds of thousands of campaign cash. And when it came time to hold polluters accountable, Sen. Burr voted no. WORKER: We're trying our best out here. But until he supports clean energy climate legislation, I don't think we can save him.


    AZ-3, Gorman
    6/27
    This year a lot of folks think this is our best shot at changing Congress. Of course, that all depends on the caliber of our candidates. [Gorman shooting] Meet Pamela Gorman. Candidate for Congress in Arizona 3. Conservative Christian. And a pretty fair shot. The insiders in the state Senate wanted to have her hide when she fought against their plan for higher taxes. But Gorman? She can take care of herself. Rated 100% by the NRA. Conservative Pamela Gorman is always right on target.


    CT GOV, Lamont, "Independent"
    6/27
    LAMONT: "We made a difference." ANNCR: "He took on the political establishment. Republicans and Democrats alike, to bring about real change. Ned Lamont. Now, he's running for governor because we need an independent voice to shake things up in Hartford and do what's needed to help Connecticut families. Create jobs and get our economy back on track." LAMONT: "For decades, the politicians have been throwing money at big businesses. They've gotten richer, but we have little to show for it." ANNCR: "Ned Lamont's plan? Eliminate no-bid contracts, stop the pay-to-play system, end corporate giveaways and help small businesses to hire more employees." LAMONT: "What you want to do is go up to Hartford and be your own man, be independent with no strings attached and that's one of the promises I'm making to the people of Connecticut. I'm going to be nobody's man but yours." ANNCR: "Ned Lamont. Independent. The best experience to take on the career politicians in Hartford." LAMONT: "I'm Ned Lamont and I approve this message."

    CA GOV, anti-Whitman (CA Working Families), "World"
    6/25
    ANNCR: "Whitman says she'll run California like her company, but is that what we need? As CEO, Whitman hid her profits offshore to avoid paying taxes. She ranked second among CEOs for personal use of corporate jets. That's Whitman's world. And her plan for California? Tax breaks for corporations and the wealthy, but nothing for the middle class. And our schools? 'They can do more with less.' Tell Whitman, in the world we live in, her plan won't fly"



    NV SEN, anti-Reid, (American Crossroads) "Really"
    6/27
    ANNCR: "Harry Reid says, 'No one can do more' than he can. Really, Harry?" REID (in a clip from the Senate floor): "Today is a big day in America. Only 36,000 people lost their jobs today, which is really good." ANNCR: "Really, Harry? No wonder Nevada now has the highest unemployment in the nation. Bailouts. Deficits. ObamaCare. No one can do more? Really, Harry? For Nevadans, haven't you done enough?" (release, 6/29).



    CO SEN, Norton, "Fit Right In"
    6/29
    negative
    ANNCR: "Have you ever heard of Ken Buck? Better find out. Ken Buck's a government lawyer running for Senate. A government lawyer who doesn't follow the rules. As a lawyer in Bill Clinton's administration, Ken Buck was investigated for ethics violations, improperly undermining the prosecution of pawn shop owner Gregory Golyansky. Buck's unethical conduct earned him a reprimand from U.S. Attorney John Suthers. In official documents, Suthers said Buck had shown a 'reckless disregard' for his obligations as a prosecutor. Suthers made Ken Buck take ethics classes, and Buck left office under a cloud. You can read all about Ken Buck's scandal in the Denver Post. Now, Ken Buck is running for Senate. Washington is already full of politicians who need ethics courses. Ken Buck: he'd fit right in." NORTON: "I'm Jane Norton, running for Senate. I approve this message." ANNCR: "Paid for by Jane Norton for Colorado."



  • Ohio Dems slam Boehner's remarks on Social Security

    From NBC's Luke Russert
    In a press conference on Capitol Hill today, House Democrats in the Ohio delegation vigorously attacked House Minority Leader John Boehner for his recent suggestion -- among other things -- to raise the qualification to receive Social Security benefits.

    In an interview with the Pittsburgh Tribune-Review, Boehner put forth the idea of raising the Social Security age to 70 for those who are more than 20 years away from receiving a Social Security check. Boehner went on to say, “We need to look at the American people and explain to them that we're broke.” More: “If you have substantial non-Social Security income while you're retired, why are we paying you at a time when we're broke? We just need to be honest with people.”

    Ohio Democrats -- many in extremely competitive districts -- slammed Boehner for these comments, calling him "out of touch" and accusing him of being an elitist.

    Rep. Steve Driehaus referenced Boehner’s love of golf, saying: “Mr. Boehner’s comments are outrageous, and again it shows how out of touch Mr. Boehner is with the average Ohioan. You know when your point of reference is the manicured greens of country clubs, I can understand how he might not understand the suffering going on of average Ohioans across the state.”


    Rep. Mary Jo Kilroy, another Ohio Democrat at risk of losing her seat in November, added: “It seems to me that John Boehner, who doesn’t have to rely on Social Security for his retirement, fails to appreciate how vital Social Security it is, what a lifeline it is for hard working people in the district.”

    And Rep. Tim Ryan poured it on, saying: “People who work for a living with their hands, who don’t wear ties and suits and nice dresses and jewelry and play golf and hang out don’t have the luxury of an additional five to ten years of back breaking work -- it’s not going to happen.”

    In response to these Democrats, Boehner’s office pointed out that the minority leader's statements were similar to what House Majority Leader Steny Hoyer recent said. “On the spending side, we could and should consider a higher retirement age, or one pegged to lifespan; more progressive Social Security and Medicare benefits,” Hoyer said.

    Hoyer’s office has said Hoyer meant that all options must be on the table in regards to the long term health and future of Social Security.

    *** UPDATE *** Boehner spokesman Michael Steel emails: “Last week, in a widely reported speech, Majority Leader Hoyer endorsed raising the Social Security retirement age. Does Rep. Kaptur believe Hoyer is ‘callous, outrageous, and un-American’? Does Rep. Ryan object to Rep. Hoyer wearing a suit and tie? Does Rep. Dreihaus believe his Majority Leader is out of touch? Does Rep. Space believe that Hoyer wants the elderly to clean toilets, stock shelves, or serve French fries?”

  • Obama's local stop

    AP

    President Obama, accompanied by Racine Mayor John Dickert, tries a pecan kringle during an unscheduled stop at O and H Bakery in Racine.

    President Obama is in Racine, Wisc., talking now about the economy and will make some choice remarks on Republicans. But before the speech, like a candidate, he stopped off for some local grub.

    This time, it was a pastry called a kringle (pictured right).

    NBC's Ellie Hall adds: According to this (very old) NY Times article, Racine is one biggest centers of Danish culture in America. The bakery Obama visited today is mentioned in the piece.

    Here's AP's report:

    The rap on President Barack Obama is that he doesn't show enough emotion. But on Wednesday, a pastry made him happy. En route to a town hall event on the economy, Obama made a surprise detour to O&H Danish Bakery, purveyor of a delicacy called a kringle -- a large round flat pastry with a hole in the middle. Obama walked in with his jacket off and sleeves rolled up and shook hands with the dozen patrons in the store. He sampled a pecan kringle, proclaimed it "outstanding" and added: "It makes you happy."

    He ordered one pecan and one cherry. A saleswoman recommended the cheese as well, so he said, "Let's get a third!" He insisted on paying full price -- $7.45 each.

  • Oil fund pay czar urges businesses: 'Get the ball' rolling

    AP

    From NBC's Debra Pettit
    Ken Feinberg, the so-called $20 billion Gulf oil spill escrow fund pay czar, testified before the House Small Business Committee, reassuring members that he is committed to paying out legitimate claims as quickly and as transparently as possible.

    He urged anyone who felt they had a claim to "get the ball" rolling, and that they would not have to give up any rights.

    "If you are seeking emergency financial assistance," he said, "only later would you have to decide to take a lump sum at some later date, and then you would have to decide not to sue."

    He cautioned though, not everyone is eligible. Claimants will have to be able to prove their claim.

    "Show me something to justify a prompt emergency payment," he urged.

    Feinberg didn't yet have answers on who may be eligible regarding empty beach-front businesses, or property owners who did not have tar balls or oil damage.

    "That is a tough question," he said. "If there is no physical damages, I venture to say it is not payable."
    But, he added, that is something he would take a look at.

    One member said she had heard that "Mom and Pop" operations were having a hard time navigating the system, and that many didn't even know where to begin.

    "My goal is to make it transparent and efficient," Feinberg said, "one that mom-and-pop businesses can use."

  • Wall St. reform House vote this afternoon

    From NBC's Luke Russert
    GOP and Democratic sources tell NBC News that the House will take up the financial regulatory reform bill between 3:30 and 5:00 pm ET today.

    The monumental legislation touted as "Wall St. Reform" by Democrats will most likely pass the House by a comfortable yet small margin.

    In December of 2009, the House passed its version of "Wall St. Reform" 223-202. No Republicans supported the legislation and 27 Democrats broke with their party and voted against the bill.

    After passing the House, the financial regulatory reform bill will be sent to the Senate where Harry Reid (D-NV) must get 60 votes for cloture so a final vote can be had on the legislation.

    The final vote in the Senate is expected to occur the week of July 12th due to the fact that Sen. Byrd will be lying in repose in the chamber tomorrow and many senators will not be in Washington on Friday to attend Byrd's funeral in West Virginia on Friday.

    The Senate and House break for a week long July 4th recess this Friday.

    The Senate Banking Committee Tweeted: "Reid says the Senate will vote on Wall Street Reform after the July 4th recess."

    This pretty much confirms what was known in the halls of Capitol Hill, a final Senate vote on financial regulatory reform will happen after the 4th of July recess.

    *** UPDATE *** The House is now debating the rule for the financial regulatory reform bill.

    This is the first step in the process of passing the bill.

    After a vote on the rule around 2:30pm the House will then have two hours of general debate on the financial regulatory reform bill itself.

    Once that is completed, Speaker Pelosi will then move for final passage. Right now that looks like it'll happen between 5pm-6pm.

  • Petraeus confirmed

    As expected, Gen. David Petraeus has been confirmed to be take over as commander in Afghanistan, officially replacing Gen. Stanley McChrystal, AP reports:

    Senate confirms Gen. David Petraeus as the next commander of the war in Afghanistan.

    NBC's Kelly O'Donnell reports:

    It took a while. The vote was held open for a while, but it's official. The full Senate vote on the confirmation of General David Petraeus just took place. As expected, Petraeus was confirmed for his new role as commander of the war in Afghanistan.

    The vote was unanimous. 99-0.

    Here's the president's statement, as released by the White House:

    I am extremely grateful to the Senate for acting so quickly to confirm General Petraeus to lead our military effort in Afghanistan. General Petraeus is a pivotal part of our effort to succeed in Afghanistan - and in our broader effort to disrupt, dismantle, and defeat al Qaeda - and he has my full confidence. The Senate's quick action and General Petraeus's unrivaled experience will ensure we do not miss a beat in our strategy to break the Taliban's momentum and build Afghan capacity.

  • Blago's Obama envy

    AP

    Aug. 17, 2005 file photo

    From NBC's John Yang
    On an FBI wiretap played this morning in his federal corruption trial, former Illinois Gov. Rod Blagojevich is heard lamenting the fact that he's been eclipsed by the state's junior senator, Barack Obama.

    "He's a demigod now," Blagojevich complains in a recorded telephone conversation with advisor Doug Scofield the day after Election Day 2008. "With my upward mobility, it doesn't look so good."

    He said he felt "like I've failed." Then Scofield reminded him he had something "both important and valuable" -- the power to appoint President Obama's successor in the Senate.

    During the call, Blagojevich plays "what-if" -- what if he had gotten into the presidential race himself? "I could've worked my ass off," he says. He could have hired David Axelrod. "That would've scared him," he says.

    Axelrod helped Blagojevich win a House seat in 1996. The two fell out when Axelrod passed up working on Blagojevich's 2002 gubernatorial race.

  • Obama to blast Boehner's 'ant' remark

    AP

    The White House has released excerpts of President Obama's upcoming speech today in Racine, WI, to signal that he will use his remarks to criticize the Republicans on the economy -- and in particular House Minority Leader John Boehner (though not by name).

    For example:

    This debate we're having in Washington isn't about big government or small government. It's about responsible government. It's about accountable government. It's about a government that stands on the side of the American people – a government that breaks down barriers to opportunity and prosperity. That's the kind of government we need.

    We already tried the other side's ideas. We already know where their theories led us. And now we have a choice as a nation. We can return to the failed economic policies of the past, or we can keep building a stronger future. We can go backward, or we can keep moving forward.

    And then:

    [J]ust yesterday, I was stunned to hear the leader of the Republicans in the House say that financial reform was like using a nuclear weapon to target an ant. That's right. He compared the financial crisis to an ant. The same financial crisis that led to the loss of nearly eight million jobs. The same crisis that cost people their homes and their lives savings.

    Well if the Republican leader is that out of touch with the struggles facing the American people, he should come here to Racine and ask people if they think the financial crisis was an ant. He should ask the men and women who've been out of work for months at a time. He should ask the Americans who send me letters every night that talk about how they're barely hanging on.

    These Americans don't believe the financial crisis was an ant. They know that it's what led to the worst recession since the Great Depression. And they expect their leaders in Washington to do whatever it takes to make sure a crisis like this never happens again. The Republican leader might want to maintain a status quo on Wall Street. But we want to move America forward.

    Boehner spokesman Michael Steel emails this response: "The president should be focused on solving the problems of the American people – stopping the leaking oil and cleaning up the Gulf, scrapping his job-killing agenda, repealing and replacing ObamaCare – instead of the House Republican Leader's choice of metaphors. It's clear Boehner was not minimizing the crisis America faced - he was pointing out that Washington Democrats have produced a bill that will actually kill more jobs and make the situation worse."

  • Bennett says GOP is lacking ideas

    From NBC's Mark Murray
    Republican Sen. Bob Bennett, who was defeated for his party's nomination at the Utah GOP convention in May, predicted yesterday to the Ripon Society, a moderate-leaning GOP group, that the Republican Party will win back the House in November. But he said that the party might not be able to hold on to power because it's lacking ideas.

    “As I look out at the political landscape now, I find plenty of slogans on the Republican side, but not very many ideas,” Bennett said, per the Salt Lake Tribune. “Indeed, if you raise specific ideas and solutions, as I’ve tried to do on health care with [Oregon Democratic Sen.] Ron Wyden, you are attacked with the same vigor as we’ve seen in American politics all the way back to slavery and polygamy; you are attacked as being a wimp, insufficiently pure, and unreliable.”

    More Bennett: “The concern I have is that ideology and a demand for absolute party purity endangers our ability to govern once we get into office.”

  • First thoughts: Another crisis coming?

    Official White House Photo by Pete Souza

    Is bad economic news coming on Friday?... Obama talks about the economy in Racine, WI at 2:15 pm ET… It's been a VERY busy week for the president and his team… But little news comes out of the Kagan/Petraeus hearings… Why we (and you) should have little confidence in many state polls… Is there too much fuss over Bill Clinton's backing of Andrew Romanoff (Clinton ISN'T going to campaign or raise money for him)… Angle and Kirk meet the press… TV ads go up on energy/climate change… California's Senate and gubernatorial contests are competitive, it appears… And Biden stumps for Lee Fisher in OH.

    From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
    *** Another crisis coming? Forced having to deal with numerous crises over the last couple of months -- the BP spill, the shaky economic situation in Europe, and Gen. Stanley McChrystal's explosive comments to Rolling Stone -- the Obama White House may very well have another (and even bigger) crisis on its hands: the U.S. economy. Both Wall Street and Washington appear to be bracing for a poor jobs report on Friday, after five-consecutive months of job growth. And that, of course, raises the stakes of President Obama's 2:15 pm ET town-hall meeting on the economy in Racine, WI today. How does Obama talk his way out of this if the economy has the look and feel of something akin to a double dip or even stagnation?

    *** Obama's kitchen-sink week: One other thing worth noting is how this has been a kitchen-sink week for the president. In addition to the economy, here are/have been the other issues on the president's plate this week: finishing up financial reform (trickier than it looked last week), Kagan (smooth sailing so far), Petraeus and Afghanistan (even smoother sailing), immigration (he gives a speech on the issue tomorrow to placate reform advocates, but don't expect new policy ideas), energy/climate change (meeting yesterday with senators MIGHT have created a road map on the carbon issue), the oil spill (no news), the Russian spies (weirder by the day), and Middle East peace (his meeting yesterday with Saudi Arabia's Abdullah). But guess what… it's still all about the economy.

    *** When no news is bad news: As for yesterday's Senate hearings on Elena Kagan (for the Supreme Court) and David Petraeus (for the top commander in Afghanistan), the biggest news may very well have been that there was so little news. When the ranking member of Senate Judiciary Committee -- Jeff Sessions -- is devoting his questions to Harvard's military policy, and not Kagan's views on the law and the Constitution, then Republicans really do raise the appearance that this whole exercise is to score political points and raise money for interest groups, not truly vet a lifetime appointment to the court. In addition, it took just one day for the Senate Armed Services Committee to approve of Petraeus' nomination (by voice vote), but it did so without truly having a debate over the administration's Afghanistan policy. Was that good for democracy, good for the republic? May have been good politics for now for the White House, but given the problems with the war right now, perhaps a debate about the strategy wouldn't have been a bad thing?

    *** Fuzzy math: In political circles, the biggest story yesterday may very well have been the news that Daily Kos is suing its former pollster, Research 2000, for allegedly fabricating its numbers. Despite the merits of the suit, the story is a reminder how little confidence we have in many state polls -- and how problematic that makes it in trying to get a handle on individual midterm races. We have tremendous confidence in our national NBC/WSJ poll, conducted by Dem pollster Peter Hart and GOP pollster Bill McInturff, which we think is the best in the business. But some of the state polling we see are robo-polls (conducted by an automated voice rather than a live person), which NBC doesn't report as a policy. Here's a little secret: Good polls are expensive to do, and if you're seeing a particular organization doing a slew of polls, you've got to ask: (1) how reliable are those numbers, or (2) where is the money coming from to conduct those polls? Nowadays, on the state level, we trust the polling we're getting from campaigns and state parties (although not necessarily those polls that are made public) more than the numbers we see from some non political polling organizations.

    *** Our policy to you on state polling: One policy we're going to institute ourselves to make sure you have an idea of everything that we know is this: When we report a public poll on the state level, it will be because we think those numbers are reflecting what we know is going on in the race. We'll let you know if a pollster has a good reputation in that state, has a good track record (because a good pollster in one state doesn't mean they know the nuances of another).

    *** Overserved? Just askin,' but if the extent of Bill Clinton's support for Andrew Romanoff is an email -- the former president WON'T be campaigning or fundraising for him -- then isn't the Bill Clinton-vs.-the White House storyline a bit overblown regarding Clinton's endorsement (via email) of Romanoff yesterday? Yet the real Clinton action/comment that probably should raise eyebrows is his discussion of Obama and race at the Fortune/Time/CNN global forum in South Africa.

    *** Angle meets the press: In her first sit-down with a non-conservative news outlet since winning the GOP nomination earlier this month, Nevada GOP Senate nominee Sharron Angle spoke at length with state political reporter Jon Ralston. In the interview, the Las Vegas Sun recounts, Angle backed away a bit from her call to phase out Social Security (saying instead she supports private/personal accounts, a la what George W. Bush proposed in 2005), as well as her statement about resorting to 2nd Amendment remedies ("I admit it was a little strong to say"). But she stuck to her views that unemployment benefits shouldn't be extended; that nuclear waste should be stored in Nevada's Yucca Mountain; and that the 1973 Roe v. Wade decision equated the government getting involved in abortion.

    *** 'I wasn't thinking': Also meeting the press yesterday was embattled Illinois GOP Senate nominee Mark Kirk. Here's NBC Chicago's write-up of yesterday's presser: "On the point of most interest -- why he embellished his record and why he was avoiding the media -- Kirk said he would make himself more available to the media, and apologized several times. 'I was overbooked last week,' Kirk said, by way of explaining why he wasn't available. As for his embellishments -- 10 at last count -- Kirk said the 'scrutiny was appropriate' and that he 'wasn't thinking' when he misstated his record." The day after that press conference, Kirk's campaign is going up with two new TV ads -- one accusing opponent Alexi Giannoulias for having a top aide who was a longtime BP lobbyist, and another blasting Giannoulias over his family's bank ("Alexi Giannoulias, trust him with your money?" it concludes).

    *** Here come the TV ads on energy: Today, a liberal-leaning coalition consisting of SEIU, VoteVets, League of Conservation Voters, and the Sierra Club says it's launching the first TV ads of an $11 million campaign on energy/climate change legislation. The initial $2 million buy, an SEIU source tells us, will praise Dem Sens. Harry Reid and Claire McCaskill, and target Dem Sen. Ben Nelson and GOP Sens. Richard Burr and Mike Johanns for not supporting energy/climate change legislation. Here is the ad praising McCaskill, and one whacking Burr.

    *** More midterm news: In California, a Reuters/Ipsos poll of registered state voters shows Sen. Barbara Boxer (D) at 45% and challenger Carly Fiorina at 41%, while it also finds Jerry Brown (D) leading Meg Whitman (R) by six points (45%-39%) in the state's gubernatorial race. These numbers reflect private polling we're familiar with in this state. In Ohio, Vice President Biden stumps for Senate nominee Lee Fisher at 1:00 pm ET; the Ohio GOP counters the visit with this Web video… Also in Ohio, a new Quinnipiac poll has Fisher (D) at 42% and Rob Portman (R) at 40%; Obama's approval rating in the state is 45%-49%. Again, this poll reflects similar private polls we're familiar with. Bottom line: This has been a margin-of-error race for quite some time, and nothing has happened in the last month to really change that.

    Countdown to AL run-off: 13 days
    Countdown to GA primary: 20 days
    Countdown to OK primary: 27 days
    Countdown to KS and MO primaries: 34 days
    Countdown to CO and CT primaries: 41 days
    Countdown to Election Day 2010: 125 days

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  • Kagan: Wrapping up Day 2

    AP

    The Boston Globe's front page: "Senators pounce, Kagan parries." The paper's lead: Supreme Court nominee Elena Kagan came under blistering attack yesterday from a leading Republican who, on the second day of her confirmation hearing, said she went too far by limiting military recruitment when she was dean of Harvard Law School. Kagan strongly defended her record on that issue and an array of others during round after round of sharp questioning led by Senator Jeff Sessions of Alabama, the top Republican on the Senate Judiciary Committee. In doing so, she responded confidently and injected doses of humor into the long hours of sometimes-tense dialogue."

    Here's Pete Williams' Nightly News piece wrapping the hearing.

    Speaking of Sessions, Politifact writes that he was operating with a "half truth" when it came to Kagan and pamphlets. And he got a "Barely True" when he said she "violated the law of the United States at various points" with her opposition to military recruiters. Kagan, for her part, got a "full flop" on how forthcoming a SCOTUS nominee should be.

    The AP says Kagan "displayed a cool demeanor and a sense of humor during her Senate Judiciary Committee hearing" and "was expected to move one step closer Wednesday to succeeding Justice John Paul Stevens, barring a major gaffe. Republicans who oppose her nomination will need to resort to a filibuster to block a confirmation vote, a prospect that seems less and less likely. A few uncomfortable exchanges with Republican senators about her treatment of the military and her political views didn't slow down Kagan during Tuesday's hearing."

    Yesterday's hearing was notable for something that's not usually seen in serious congressional confirmation hearings -- humor and crisp, straightforward responses. The AP wraps some of Kagan's responses.

  • Congress: Axing the banking fee

    "Senator Scott Brown yesterday forced Democrats to remove a $19 billion tax on big banks and hedge funds from the proposed Wall Street regulatory overhaul, the second time the Massachusetts Republican has used his pivotal role in the Senate to influence the legislation in favor of major financial institutions," the Boston Globe reports.

    "House Democrats who are trying to pass a long-stalled war funding bill are sweetening it with $10 billion to help local school districts avoid teacher layoffs when schools reopen," the AP writes. "The approximately $70 billion measure is anchored by President Barack Obama's $30 billion request for the troop surge in Afghanistan and contains money for disaster aid accounts, foreign aid and disability benefits for Vietnam veterans exposed to Agent Orange." It could pass this week.

    "Home buyers would get an extra three months to complete their purchases and qualify for a generous tax credit under a bill overwhelmingly passed by the House yesterday," the AP says.

    "Democratic leaders in the Senate were trying Tuesday night to persuade Republicans to agree to a vote Wednesday on a newly introduced bill on unemployment benefits and a homebuyer tax credit, according to a Democratic leadership aide.”

    Roll Call: "Faced with continued inaction in the Senate on a broader package of middle-class tax extensions and jobless benefits, House leaders have added to Tuesday’s schedule stand-alone bills restoring unemployment insurance benefits through November and extending a first-time homebuyer tax credit.”

    "If you can gauge a man's fiscal restraint by how he gambles, it's a good thing John McCain didn't win the 2008 presidential election," the New York Daily News reports. "In his new book, 'The Zeroes: My Misadventures in the Decade Wall Street Went Insane,' published by Penguin's Portfolio imprint, author Randall Lane recounts his eye-rolling night playing craps with the hard-gambling Arizona senator."

  • Obama agenda: Emergency declaration for TX

    In advance of Hurricane Alex, President Obama issued an emergency declaration for Texas and ordered federal aid to supplement state and local response efforts.

    President Obama’s deficit-reduction commission -- chaired by Democrat Erskin Bowles and Republican Alan Simpson -- will hold a hearing today on Capitol Hill at 9:30 am ET. The commission will hear from Congressional Budget Office director Douglas Elmendorf.

    The New York Times: “The world’s rich countries are now conducting a dangerous experiment. They are repeating an economic policy out of the 1930s -- starting to cut spending and raise taxes before a recovery is assured -- and hoping today’s situation is different enough to assure a different outcome. In effect, policy makers are betting that the private sector can make up for the withdrawal of stimulus over the next couple of years. If they’re right, they will have made a head start on closing their enormous budget deficits. If they’re wrong, they may set off a vicious new cycle, in which public spending cuts weaken the world economy and beget new private spending cuts."

    "On Tuesday, pessimism seemed the better bet. Stocks fell around the world, over worries about economic growth. Longer term, though, it’s still impossible to know which prediction will turn out to be right. You can find good evidence to support either one."

    Roll Call: "President Barack Obama on Tuesday showed once again that he is willing to bet against the odds by trying to appeal to Congress to take on climate change and comprehensive immigration reform -- two issues that have otherwise fallen off the calendar for the year."

    "First lady Michelle Obama will address the NAACP's yearly meeting next month, the group announced Tuesday," The Hill reports. "Mrs. Obama will trek to Kansas City for a July 12 address to the organization's 101st annual convention."

  • The midterms: The gulf spill as a campaign issue

    The Boston Globe's Milligan looks at how the oil spill is playing out as a campaign issue across the country: "The BP oil disaster has seeped into congressional campaigns in states far from the Gulf Coast, as voters and candidates clash over the future of energy exploration and the relationship between government and the industries it regulates. In some districts and states, the spill has reignited a debate over oil drilling and other energy issues, with candidates weighing local job creation against environmental protection. In other areas, the Tea Party movement’s push against big government is being parried by Democrats, who see in the oil-soaked pelicans and grieving families of 11 dead workers from the oil blast justification for stricter oversight."

    COLORADO: “Former President Bill Clinton on Tuesday split from national party leaders by throwing his support to former state House Speaker Andrew Romanoff who is challenging appointed Senator Michael Bennet in Colorado's Democratic primary,” CQ writes.

    The AP on the Republican race: "In a dingy, wood-paneled restaurant with a $9 pizza buffet, Ken Buck is waging the latest fight with a Republican Party establishment that favors candidates with shinier political pedigrees… A Princeton-educated lawyer, Buck moved west after college, attended law school in Wyoming and served as a prosecutor for the U.S. attorney's office in Denver before becoming district attorney of Weld County. Conservatives started noticing when he tried to arrest illegal immigrants in 2008."

    IDAHO: “The U.S. Chamber of Commerce praised Rep. Walt Minnick (D) as a champion for Idaho’s businesses and workers in an endorsement announcement Tuesday morning,” Roll Call writes.

    KANSAS: “Todd Tiahrt's U.S. Senate campaign today announced that talk radio and Fox News personality, Sean Hannity, has endorsed his campaign,” the Kiowa County Signal wrote. Hannity endorsed Tiahrt on his show on Friday, after Sarah Palin endorsed him on Thursday.

    MASSACHUSETTS: "Three candidates for governor expressed sharp differences last night over global warming, the Cape Wind project, and the cleanliness of the state’s parks at a gubernatorial forum dedicated to environmental issues," the Boston Globe writes.

    MICHIGAN: Lansing Mayor Virg Bernero and House Speaker Andy Dillon traded more blows in their final Democratic gubernatorial debate Monday night [which aired yesterday], saying the other has bungled his current job and doesn't deserve higher office,” The Detroit News reported.

    NEVADA:     “In her first mainstream media interview since winning the Republican nomination in the U.S. Senate race, former Assemblywoman Sharron Angle softened her rhetoric on ‘phasing out’ Social Security and fearing the electorate would take up arms if conservatives didn’t win at the ballot box,” the Las Vegas Sun writes.

    TEXAS: “Polls show he’s already competitive, but Democratic gubernatorial nominee Bill White said his odds of knocking off two-term Texas Gov. Rick Perry might even be greater if President Obama had exhibited more fiscal restraint during his first 18 months in office,” Politico reported. “White’s comments reflect the distance he’s willing to carve out between himself and a president from his own party.”

  • Live-blogging Kagan, Day 3

    Msnbc.com's Carrie Dann writes:

    5:43 ET: That's all from this live-blog, everybody. Tomorrow, outside witnesses will testify before the committee, but Kagan will not be on the stand.

    Thanks to everyone for reading over the past few days. It's been a pleasure to write this blog and to read your comments.

    On the horizon, stay tuned to the Senate Judiciary Committee's full vote on Kagan's confirmation, which will occur sometime after the Senate returns after the July 4 recess next week. A majority of the committee is expected to vote in her favor, after which the full Senate will vote on her confirmation.

    And don't forget to visit First Read often for analysis and breaking news on the nation's top politics stories.

    5:40 ET: We stand in recess.

    5:38: In the chairman's final statement, Leahy cited Kagan's promise to faithfully and fairly interpret the law. "Solicitor General Kagan: I believe you."

    5:36 ET: More Leahy: "I told my wife last night, I wish I was back in law school taking a course with you." Said her knowledge of the law is "encyclopedic."

    5:35 ET: Leahy said he has never regretted his vote in favor of a Supreme Court nominee who was nominated by a Republican president.

    5:34 ET: Leahy, in concluding remarks: "You've answered their questions more fully than perhaps recent nominees."

    5:32 ET: "This Senate has a very serious responsibility at this time, when people are deeply worried about our Constitution and [the question of] is it being followed," said Sessions. Kagan's record and statements during the hearing have left him "uneasy," he said.

    5:28 ET: In closing remarks, Ranking Member Sessions mentions the hearing's debates over foreign law, the Commerce Clause, abortion, national security, gun rights, judicial activism, and military recruiting.

    5:27 ET: Coburn is done with his questions. 'Three minutes early!" he exclaims. "God bless you," Leahy replies.

    5:24 ET: After Coburn finishes his questions, the committee will go behind closed doors, where they will discuss Kagan's FBI file. No press allowed there. Kagan is in the home stretch now; she won't be back on the stand tomorrow.

    5:21 ET:Wrapping things up, Coburn complimented Kagan on the proceeding of the hearings. "Everybody has been very fair and very considerate," she responded. "I found it somewhat wearying, but actually a great moment in my life."

    5:14 ET: After a not-unfriendly squabble over how much time he should have to ask questions, Sessions alluded to Grassley's expected ascention to the committee's ranking member spot next year. "He could be ranking member next year," Sessions said to Leahy, "So be nice."

    5:13 ET: Grassley asked about the constitutionality of the Defense of Marriage Act. Kagan, as she has earlier today, declined to answer, saying that such a question is likely to come before the court soon.

    5:08 ET:Sessions' questions - including two on foreign law - have concluded. Chuck Grassleyis next. We're into the third round right now, but it appears that only Grassley and Coburn (both Republicans) are going to take the opportunity to speak.

    5:04 ET:Chairman Leahy is getting a little bit impatient with Sessions' questions; he wants to start the closed-door session with Kagan as soon as possible. Sessions joked that Leahy is breaking his train of thought. "It's so easy. My brain is weak."

    5:02 ET: More questions on military recruiting from Sessions. "I just remain troubled ... We can't seem to get in sync on that issue ... that's a big problem for me," he says.

    5:00 ET: Sen. Jeff Sessions, the ranking member, up for a few more questions.

    4:55 ET:After the conclusion of Franken's comments, Klobuchar jumped in to correct a previous statement. She said earlier this afternoon that there were no women serving in the U.S. Senate in 1980. "Many emails to my office" have alerted her to the fact that, in fact, Sen. Nancy Kassebaum of Kansas was serving at that time, she said.

    4:50 ET: Franken brought up "Footnote Four" in the judicial opinion United States v. Carolene Products Co. To non-legally trained ears, that sounds about as in-the-weeds as one can get. From the Oyez Project, here's a description of why that footnote is controversial and important for constitutional experts (emphasis added)

    In this otherwise unremarkable case, the Court planted the seeds for a new jurisprudence in a footnote to Stone's opinion for the Court. Here Stone gives a presumption of constitutionality to economic regulation. The Court would no longer substitute its views on economic policy for the views of Congress. Stone went further in footnote four by cautiously asserting that certain types of legislation might not merit deference toward constitutional validity. The most controversial element in the footnote was the suggestion that prejudice directed against discrete and insular minorities may call for "more searching judicial inquiry.

    4:41 ET: "There is a place for judicial review in our legal system," Franken argues, drawing a distinction between 'activism' and 'review.'

    4:40 ET:Kagan: "The 1st Amendment does not provide a general defense, I think, to the antitrust laws ... they apply to all companies."

    4:35 ET: Now, Sen. Franken, D-Minn. He started off by saying that he's concerned about media consolidation, mentioning the pending Comcast/NBC Universal merger. (note: Msnbc.com is a joint venture of Microsoft and NBC.)

    4:31 ET: On women in the legal profession, Kagan says: "There are structural obstacles ... It's hard to balance work and family."

    4:28 ET: Sen. Amy Klobuchar, D-Minn., is up. She asks what Kagan thinks can be done about underrepresentation of women in the courts and governmental institutions.

    4:26 ET: Out of time, Coburnasked if there will be a third round of questioning. Leahy told him that he could have another five minutes of questioning at the endof this round, as long as he asks questions and doesn't give "speeches" on his personal beliefs ("which I know you hold strongly," Leahy added.)

    4:24 ET: Kagan to Coburn:"To be honest with you, I don't have a view of what 'natural rights' are, independent of the Constitution." More: "I think you should want me to act on the basis of law."

    4:22 ET:Exhorted by Coburn to pay attention to the Federalist Papers, Kagan promised him that she will re-read them, calling them "a great document."

    4:19 ET: Kagan notes that the court cannot address "big abstract questions" about the direction of the country; it must focus its attention on the discrete legal questions brought before it.

    4:14 ET: "Most people didn't go to Harvard," Coburn says of Americans' confusion about interpretations of the law.

    4:12 ET: Coburn, a conservative who is outspoken about the problems caused by a "big" and "broken" federal government, asked Kagan if she has contemplated Americans' lack of confidence in their leaders. She agrees that that it would be "better" for the country if more people had faith in the federal government.

    4:09 ET:Sen. Tom Coburn, R-Okla., is next up.

    4:06 ET: Asked if she would have voted to confirm Republican nominee Miguel Estrada, Kagan initially replied 'yes' but then qualified her answer.

    "I hope so. Who knows what it feels like to be one of you guys?" Kagan said to the panel with a broad smile.

    Her questioner, Sen. Coburn, admitted that sometimes, "it's not very much fun."

    4:04 ET:Whitehouse calls Kagan "very bright, very good-humored, very well-intentioned, very able."

    3:58 ET: Now questioning the nominee is Sen. Sheldon Whitehouse, D-R.I.

    3:55 ET: We're back in. Leahy is explaining the schedule: Lawmakers will finish asking their questions tonight, and then will go into a closed-door meeting at which Kagan's FBI file will be discussed. Tomorrow, Kagan won't testify; the panel will hear from outside witnesses, some summoned by Republicans and some by Democrats.

    Informed that her appearance before the panel will be done after today, Kagan cracked a smile.

    "I can't come back?!" Kagan asked with mock incredulousness.

    "If you're that much of a glutton for punishment, you're not qualified to be on the Supreme Court," Leahy jokingly replied.

    3:45 ET: A walk outside the hearing room during the brief breaks in the proceedings can offer a window into all of the things that print and online reporters do to write stories -- other than, of course, sitting here and listening to the lawmakers and the nominee talking.

    Many members of the press mill around the "stakeout" cameras set up outside the room, where lawmakers can go if they want to make statements to the press and take questions. Some chat on cell phones with their editors and bosses, debating what the "lede" (the main point) of their stories should be and what time they will be able to file them. Others look for quiet corners where they can interview experts and sources over the phone (a few were sitting cross-legged on the floor in the hallway during the break, checking their blackberries, talking on cell phones, and taking notes.)

    3:43 ET: We're in the midst of a short break now.

    3:33 ET: After, listing off a series of precedent cases that Republicans have asked Kagan about all of yesterday and today, the nominee betrayed a little bit of impatience with the repetition of the questions she's received.

    "They are settled law. And I have no plan, no purpose, no agenda, no anything to mess with them," Kagan said.

    3:26 ET: Cornyn asks: What was the purpose of Harvard's policy of banning military recruiters from its career placement center "other than to stigmatize the military"? He argued that, if the policy had no impact on the actual number of students recruited, then itsimply enacted a "separate but equal" mentality against the military.

    Kagan said that the purpose of the policy was "to express support" for gay and lesbian students while also ensuring that students who wanted to join the military had access to recruiters.

    3:23 ET: Cornyn is asking about military recruiting at Harvard. During the lunch break, Democratic Chairman Leahy described this issue as a "red herring"

    3:15 ET: Cornyn's question about Marshall appears to have been a response to commentators who have been critical of Republicans' eagerness to disagree with the civil rights icon. An op-ed in today's Washington Post, for example, reads:

    Far from being the out-of-the-mainstream caricature you seek to create, Thurgood Marshall deserves your unyielding gratitude andrespect. Among other things, he saved this nation from a second civil war.

    3:10 ET: Cornyn asked if Kagan has read "any disrespect" into Republicans' comments about Marshall as an "activist" judge.

    "I've gotten nothing but fairness and courteousness" from the panel, Kagan replied, adding that she takes "no offense" to anything that has been said during the hearing, on her own behalf or that of Justice Marshall's.

    3:07 ET: Brief questioning from Cardin, including one question about detainee rights (Graham jumped in to offer his thoughts) and another about discrimination against students. Now on to Sen. John Cornyn, R-Texas.

    3:05 ET: Next up, Sen. Ben Cardin, D-Md.

    3:02 ET: Graham concluded his questioning of Kaganwith kind words for the nominee, saying that she has "accorded herself very well" throughout the course of the hearing. He said he's satisfied that her work as a political aide was always "ethical." (Reminder: He was the only Republican on this panel who voted for Sotomayor.)

    2:57 ET:Graham just praised Justice Thurgood Marshall, who has been described as an 'activist' by many of his Republican colleagues. "If our people say that's 'activist' so be it," Graham said, making sure to add that he also admires Chief Justice Roberts - who has also been derided as an "activist" by Democrats throughout the course of the hearing.

    Graham also said that he believes that the hearing has been "on the margins better, but not a lot better than they have been in the past."

    2:56 ET:Graham pokes a little fun at both sides' demonization of 'activist' judges: "It seems to be that an activist judge is somebody who doesn't rule the way that we like," said Graham.

    2:52 ET: Kagan on partial-birth abortion: "I had no agenda with respect to this issue."

    "It is okay to have an agenda," Graham responded. "I think Alito and Roberts had an agenda" as lawyers for Republican administrations, he said.

    2:48 ET:Graham asked if Kagan's treatment of military recruiters was a "political statement.:

    'It was not, Senator Graham," Kagan replied.

    2:47 ET: Graham affirms: "You can disagree with Don't Ask Don't Tell and still have respect for the military."

    2:46 ET: "I couldn't even play football at Harvard," says Graham on the prestige of Kagan's alma mater.

    2:44 ET: Here's what Graham was getting at: He asked if the same idea of changing precedents would allow the precedent of Roe v. Wade (the case that allows legal abortions in the first two trimesters) to be overturned in the future.

    2:42 ET: Graham asked about how, under the doctrine of strict constructionism of the Constitution, the court could have decided to uphold and then to strike down the 'separate but equal' clause in cases 50 years apart. "Nothing changed in the Constitution word-wise, right?" he asked.

    "Brown [vs. Board of Education]was not a thunderbolt from the blue," Kagan said, noting that precedents slowly changed between those two cases.

    2:39 ET: GOP Sen. Lindsey Graham, whose back-and-forth with Kagan yielded some interesting answers and some chuckles along the way, is up next.

    2:32 ET: From the New York Times, a little more context on the issue of foreign law, which has been brought up several times in the last three days. Chief Justice Roberts vehemently opposed the citation of foreign law during his confirmation hearing, saying this:

    “If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge. And yet he’s playing a role in shaping the law that binds the people in this country"

    Justice Ginsburg, in remarks later that year, had a different take:

    “Why shouldn’t we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor? ... You will not be listened to if you don’t listen to others.”

    2:29 ET: More on foreign law. Republicans are wary that Kagan said yesterday that she thinks that the laws of other countries are useful in the mining of "good ideas," even though she believes that those ideas shouldn't be used to interpret American law.

    2:22 ET: Now, a back and forth between Kagan and Kyl about whether there is a federal Constitutional right to same sex marriage. Kagan says that, in her hearings as Solicitor General, she said that she would be prepared to argue on the side of the current law, the Defense of Marriage Act passed in 1996.

    2:21 ET: Kyl is bringing up a letter that Kagan and several other deans sent in objection to an amendment proposed by Sen. Graham that would have stripped courts of their ability to review the treatment and conviction of detainees at Guantanamo Bay.

    2:14 ET: Worth noting about Specter, who objected today to Kagan's reticence in answering questions. He was a Republican at the time of her confirmation as Solicitor General. He voted against her confirmation. Here's what he said in explaining that vote, which occurred in March 2009 (his full statement is here.)

    I think it is pretty plain that Dean Kagan will be confirmed. But I do not articulate this as a protest vote or a protest position but really one of institutional prerogatives that we ought to know more about these nominees; we ought to take their confirmation process very seriously.

    “I think we have to pay a little more attention, andI’ve gone to some length to try to find out more about Dean Kagan. But in the absence of being able to do so and really have a judgment on her qualifications, I’m constrained to vote no.”

    2:10 ET:Kagan's returned to the room. The only lawmakers here? Leahy and Sen. Jon Kyl, R-Ariz., the next to ask.

    2:05 ET: And, we're back! We'll be getting underway shortly with more questions for Elena Kagan from lawmakers.

    1:10 ET: We're now in recess for lunch until 2:20 pm ET. Your live-blogger will be back after a short break.

    1:07 ET:Kagan responds firmly to Specter's criticism of her reluctance to comment on hypothetical situations or cases with which she's not familiar. "Senator Specter, you shouldn't want a judge who will sit at this table and who will tell you that she will reverse a decision without ... reading briefs, without talking to colleagues."

    1:04 ET: As he was yesterday, Specter - a former Republican chairman of this committee and now a Democrat - is visibly frustrated with Kagan's reluctance to answer his questions. "You haven't answered much of anything," he said.

    1:02 ET: Specter asked Kagan if she would agree to hear a case about electronic surveillance. She said that she has not read the petitions andread the legal background of the case in the same way that she would if she was a judge.

    12:58 ET:Kagan declined to answer one of Specter's questions, noting that she's been active in the case at hand as Solicitor General, a job to which she would return if not confirmed. "I don't want to count my chickens before I am confirmed," she said.

    "You're counting your chickens right now," Specter replied wryly. "I am one of your chickens, potentially."

    12:55 ET: Sen. Arlen Specter, D-Penn., will be the last questioner before the lunch break.

    12:47 ET:Grassley asked about whether states have jurisdiction over the issue of same sex marriage. Kagan declined to answer, noting that the issue is likely to come before the Supreme Court soon.

    12:44 ET:Grassley: "Is self-defense a pre-existing right?" Kagan responds that the recent Heller gun rights decision affirms that self-defense is the core of the 2nd amendment right.

    12:44 ET: From the press table: About once every 20 minutes or so, aides who work for the Republican or the Democratic staff of the committee silently walk up and down the aisles of the press tables to distribute paper copies of the news reports, fact checks, letters, and other documents that members have mentioned during the course of the hearing. Even more information for reporters to sift through as they file their stories.

    12:40 ET: Kagan notes that she has been careful not to point out where she may think there have been "deficiencies" in past Supreme Court cases.

    12:36 ET: Interesting piece of trivia in yesterday's Kagan story in Grassley's home state newspaper, the Des Moines Register.

    Grassley voted against the Supreme Court confirmation last year of Sonia Sotomayor, who, like Kagan, was nominated by President Barack Obama. Until then, he had voted to confirm all 11 high court nominees who had come before him on the committee.

    12:34 ET: Next up: Sen. Chuck Grassley, R-Iowa.

    12:32 ET: The vote, by the way, on the Petraeus confirmation mentioned below was 99-0. Members who were out of the room to vote are trickling back in now.

    12:31 ET:More from Feinstein: "You're a wonderful role model for women." Noted that she should have said the same to Justice Sotomayor during her confirmation hearing but didn't get the chance. "You do us all well," Feinstein said.

    12:31 ET: (When Feinstein first joined the Senate, she said, only 2 women served in the whole body. Now there are 17.)

    12:30 ET: Feinstein, one of two women on the panel, just noted that only 48 of the 163 active federal appeals judges are women.

    12:28 ET: "You have a wonderfully well-ordered mind," Feinstein tells Kagan.

    12:25 ET: Can a taxpayer sue the federal government simply by virtue of being a taxpayer? Kagan's speaking about the argument for and against now.

    12:20 ET: Count of members present: Just two! Only Sens. Feinstein, whose turn it is for questioning, and Grassley, who's up next, are in the room. The reason? The other members had to go to the Senate floor to vote on the confirmation of David Petraeus to be the next commander of the war in Afghanistan.

    12:13 ET: Sen. Feinstein, D-Calif., is next for questioning. She's only got one question to ask. she just announced. Several of the Democrats plan to waive their chance to speak today in order to wrap the questioning up faster.

    12:11 ET:How likely is Kagan's confirmation as a justice? Sen. John Cornyn, a Republican, reportedly referred to her as "soon-to-be Justice Kagan" during remarks outside the hearing room. (Via Tribune's Mike Memoli)

    12:09 ET:In that partial-birth abortion, Kagan and her colleagues advised Clinton to support a ban on the procedure as long as it included an exemption for women whose health would otherwise be at risk. Here's the memo, via the Wall Street Journal.

    12:04 ET:Hatch, a vigorous opponent of abortion, is now asking Kagan about her views on partial-birth abortion. "I'm stunned by what appears to be a politicization of science," in a memo that Kagan wrote while working in the Clinton White House about the medical necessity of abortion, he said.

    12:01 ET: Hatch is taking issue with Kagan's insistence that military recruiters had "full and good" access to students when they were banned from Harvard's Office of Career Services. He cited a 2002 email from a recruiter, who wrote that the policy meant that recruiters were "relegated to wandering the halls in hopes that someone will stop and talk to us."

    11:56 ET:Kagan is talking about a First Amendment case that she argued as Solicitor General, United States v. Stevens. The decision struck down a law that made it a crime to produce or sell videos depicting animal cruelty.

    "I hesitate to criticize Congress's work but [the statute] was not drafted with the kindof precision that made it easy to defend from a First Amendment challenge," she said. Kagan called it "a hard case." The government lost it by a vote of 8-1.

    11:54 ET: Hatch is speaking, once again, in defense of the Citizens United decision.

    11:48 ET: Sen. Hatch, R-Utah, is up next. Leahy just spoke for a few minutes about the support that members of the military have shown for Kagan's nomination.

    11:43 ET: Now we know what Sessions and Franken were laughing about during the break, by the way. Per a tweetfrom MinnPost's Derek Wallbank, Sessions asked Franken if he could have a sketch that Franken drew of the ranking member during yesterday's hearing. (Franken said yes.)

    11:42 ET: Sessions is now asking about Kagan's views about the Commerce Clause (see note at 11:17 below).

    11:38 ET:In 2005, Kagan signed on to a legal brief, signed by a group of school deans, that argued against the validity of the Solomon Amendment. Here'sthat document. The Supreme Court roundly dismissed the arguments made in the brief. Kagan is speaking about this now.

    11:36 ET: "We engaged with very serious discussions with the Department of Defense" during her deanship, said Kagan.

    11:34 ET: Here's the actual text - from the U.S. Code - of the Solomon Amendment.

    11:29 ET: You'll hear a lot in the next few hours about the Solomon Amendment. It's a rule that says that universities cannot receive federal funding if they do not allow military recruiters on their campuses. Republicans say that Kagan violated that rule during her tenure as dean at Harvard Law School. Harvard officials viewed the Don't Ask, Don't Tell policy as discriminatory towards gay and lesbian students.

    Democrats argue that Kagan developed a reasonable compromise during the time that the amendment's constitutionality was being questioned. She allowed military recruiters to work with a student group to gain access to students, but barred them from using a campus career placement center.

    11:27 ET: Sessions said that he was "disappointed" with Kagan's answers on the issue of Don't Ask Don't Tell and the Solomon Amendment yesterday. Also did not appreciate the White House's "spin," about her responses, he said.

    11:25 ET: We're back. Ranking member Sessions is up. He's the Republican who prompted yesterday's testiest exchange with Kagan over the issue of military recruiting.

    11:17 ET: Republican Sens. Kyl, Cornyn, and Coburn are holding a press conference outside the hearing room now, criticizing Kagan for failing to be forthright in her answers to their questions. They also said that they're concerned that she has shown "too much deference to Congress" in her interpretation of the Commerce Clause -- something that you can expect to be brought up more as the hearing progresses. (That's pretty much legal speak for saying that they think she would apply a big-government philosophy in her decisions.)

    11:12 ET: Chatting and sharing some laughs during the break are two senators with very different politics: Sen. Sessions and Sen. Franken.

    11:06 ET: After we return from the break in a few minutes, the second round of questioning starts. Each member has 20 minutes to ask Kaganquestions, compared to 30 minutes for the first round.

    11:04 ET: Franken didn't use his full 30 minutes, yielding back about 90 seconds of his allotted time. Leahy said he hopes that Franken's brevity sets a precedent for the rest of the day. We're in a short break now.

    11:02 ET: For as many times as the Citizens United case has been mentioned over the last few days, it's worth remembering the flap the debate over the case caused during the president's State of the Union address at the beginning of this year. When President Obama mentioned what he believed the consequences of that decision could be for the country, Justice Samuel Alito was seen in the audience shaking his head and mouthing 'not true.' Video.

    10:57 ET: Franken, on Roberts/Scalia's majority decision on Citizens United: "I think they were legislating from the bench."

    10:56 ET: Kagan agrees with Roberts' argument that cases should be decided as narrowly as possible.

    10:51 ET: Franken was one of the harshest critics of the Roberts court in Monday's opening statements. He said then: "There is such a thing as legislating from the bench. And it is practiced repeatedly by the [Chief Justice John] Roberts court, where it has cut in only one direction: in favor of powerful corporate interests, and against the rights of individual Americans."

    10:49 ET: Kagan says for at least the fifth time in the last three days about her role arguing Citizens United on behalf of the federal government as Solicitor General: "I approached this case as an advocate, not as a judge."

    10:47 ET:One thing Kagan and Franken have in common: both are Harvard grads. Kagan graduated from Harvard Law in 1986. Franken got his Bachelor's degree there in 1973.

    10:44 ET:Franken's questions so far have centered on labor and employment discrimination issues. Sen. Russ Feingold, D-Wisc., also asked about the case that Franken is discussing now: Rent-a-Center v. Jackson. You can read more about that case here.

    10:36 ET: Sen. Al Franken, D-Minn., is the most junior member of the committee. Here's what the Washington Post's Chris Cillizza wroteabout Franken yesterday, in his piece on what to watch from the committee's members:

    The Sotomayor hearings amounted to a public debut of sorts for the comedian turned Minnesota Democratic senator. And, while Franken did occasionally crack wise, he was generally a low-profile presence on the committee. With another year of Senate service under his belt, does Franken take a different approach to this confirmation? With liberals expressing some concernsabout Kagan's past policy positions (or, more accurately, her lack of past policy positions) will Franken take the mantle as liberal champion on the committee and try to draw her out?

    10:28 ET: Leahy just said that we will take a short break after Sen. Al Franken, the last Democratic senator to question Kaganin the first round, speaks. We will not break for the Senate's noon vote to confirm Gen. David Petraeus as the top general in Afghanistan.

    10:27 ET:Kagan: "I tried to use the bully pulpit whenever I could" as Harvard Law dean to encourage students to do public service and pro bono work.

    10:23 ET: Kaufman: I have not met anybody in the last 20 years who does not believe that there is at least the appearance of corruption in the way we finance our campaigns.

    10:19 ET: Kagan: "The worst thing that you can say about a judge is that he or she is 'results-oriented.'"

    10:15 ET:Does the length of a precedent matter? Kagan says yes, because the more times that a precedent has been reaffirmed, the more solid its legal status becomes.

    10:12 ET: Fun Kaufman fact: He's the only member of the Senate to have worked as an engineer. He worked for the DuPont company before he volunteered on Biden's first Senate campaign. He went on to serve as Biden's chief of staff for 19 years.

    10:08 ET: Kaufman replaced now-Vice President Joe Biden on the Judiciary Committee. Biden was the top Democrat on the committee for 17 years; he was famously instrumental in defeating the nomination of conservative judicial nominee Robert Bork.

    10:07 ET: Sen. Ted Kaufman, D-Del., is next up to question Kagan. He asked her about Republican allegations that she is "too political" to serve on the court because she worked for two Democratic presidents.

    10:02 ET: Here's some background on the New York Times v. Sullivan case that Kagan and Klobuchar were discussing, from the comprehensive Oyez Project.

    This case concerns a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote. L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. Under Alabama law, Sullivan did not have to prove that he had been harmed; and a defense claiming that the ad was truthful was unavailable since the ad contained factual errors.

    -snip-

    The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Under this new standard, Sullivan's case collapsed.

    The case was decided 9-0 for the New York Times in 1964.

    10:00 ET: "I think people should be able to write anything they want about me, and I can't won't sue them for libel," Kagan said with a smile.

    9:59 ET: Klobuchar, the daughter of a former reporter, asks Kagan about a First Amendment case involving libel law.

    9:52 ET:Klobuchar has a lot of experience with the law; she served as the head prosecutor in Minnesota's largest county for eight years. She was rumored at one point to be on Obama's short list for Supreme Court picks.

    9:47 ET: From earlier: Klobuchar joked that last night's premiere of the new hit film in the Twilight series did not go unnoticed in her house. (She has a teenage daughter.) The Minnesota senator said that she wanted to ask the nominee about the famous "Edward v. Jacob" case, referencing the two male leads in the series' plot.

    9:42 ET:Questions about Roberts' 'balls and strikes' metaphor are interesting, because that statement became so widely used -- especially by conservatives -- after his confirmation hearing.

    Some liberal lawyers who believe in a more expansive reading of the Constitution have been privately disappointed that Democrats have not more publicly articulated a more nuanced version of Roberts' ideal; one that takes into account the view that the judiciary should view the law through the lens of expanding citizens' liberty and equality.

    9:36 ET:Klobuchar asked Kagan to evaluate Chief Justice Roberts' famous metaphor that judges should be like umpires who call 'balls and strikes.'

    Kagan: "Like all metaphors, it does have its limits."

    The ways in which the metaphor works, she said: "You expect the judge, like the umpire, not to have a team in the game ... Judges should recognize that they're not the most important people in our Democratic government."

    But the limits of the the metaphor, Kaganadded, include that it "might suggest that the law is some kind of robotic exercise" Especially at the Supreme Court level, she said, "they're not easy calls."

    9:34 ET:Next up, Sen. Amy Klobuchar, D-Minn. She's one of two women on the panel.

    9:29 ET: One of the running themes of the week has been Kagan's sense of humor (her "Chinese restaurant" joke yesterday made it into almost every news report on the hearing last night.) Here's a roundup of the comedy from CongressDaily's Dan Friedman.

    9:21 ET: If a legal precedent is "hotly contested," should it be more vulnerable to overturning? That's the question under discussion now.

    9:19 ET: Some big recent Supreme Court rulings that were decided on a 5-4 split: The much-discussed Citizens United case, the Heller and McDonald cases that struck down city gun bans, and a freedom of association case which allowed a school that receives federal funding to reject official status for a group that discriminates on a religious basis.

    9:13 ET: "Every justice has to do what he or she thinks is right on the law," Kagan responded. She warned against court decisions becoming "in any way a bargaining process." But, she also noted, the public will only trust the court if they believe that decisions are not made on a partisan basis. "I'm sure that everybody up there is acting in good faith," she said of the current court.

    9:11 ET: Whitehouse asks "what do you think of all these 5-4 decisions" on the Supreme Court, wondering what can be done to foster more "reaching across the partisan divide on the court."

    9:07 ET: Leahy's earlier popping of flashbulbs wasn't just a lawmaker playing Capitol Hill tourist. The chairman is an avid photographer, whose work has been published and displayedat exhibits in his home state, Vermont. (Leahy's also a scuba diving fanatic.)

    9:06 ET: Sen. Sheldon Whitehouse, D-R.I., is the first Democrat to question Kagan this morning. He will have 30 minutes.

    9:02 ET: Praising Kagan's "patience and good humor," Leahy notes that he he has "pushing the schedule pretty hard." The long days are in part a result of the funeral of the late Sen. Robert Byrd, who will lie in repose on the Senate floor on the Thursday. Sounds like the chairman hopes to complete all of the lawmakers' questioning today, leaving only the testimony of outside witnesses left to go.

    9:01 ET: Giggles as Chairman Leahy leans over the dais to take a photo of the nominee. "Okay, back to my day job," he chuckles after putting his camera down.

    8:59 ET: Kaganjust entered the hearing room, giving a cheery "good morning, everybody!" to the audience seated behind her.

    8:52 ET: We're scheduled to get underway at 9 ET. First, four senators - all Democrats - will get their first chance to ask Kaganquestions this morning as the panel completes the first round of inquiries. The senators are: Whitehouse, Klobuchar, Kaufman, and Franken.

    After that, the second round of questioning will get underway, beginning with Chairman Leahy and going all the way down the hierarchy, alternating between Democrats and Republicans. (There are seven Republicans and 12 Democrats on the panel). Each member will have up to 20 minutes to ask questions.

    8:47 ET: Good morning from Hart 216. It's Day Three of the confirmation hearing for Supreme Court nominee Elena Kagan. We'll be in the hearing room all day for today's second round of questioning from the Senate Judiciary Committee's 19 members.

    Stay with NBC's First Read for play-by-play and analysis.

  • Union official testifies Obama wanted Jarrett to be senator

    AP/Verna Sadock

    From NBC's John Yang
    The testimony in the federal corruption trial of former Illinois Gov. Rod Blagojevich has now provided the most direct link between then-Sen. Barack Obama and his wishes about the Senate seat he was vacating.

    Tom Balanoff, head of the SEIU in Illinois, testified today that Obama called him the night before the 2008 election to say that while he would not be taking a public position, he believed Valerie Jarrett would fit his standards of being good for Illinois and able to hold the seat in 2010. Balanoff quoted Obama as saying: "I would much prefer she [serve in the White House] but she does want to be Senator and she does meet those criteria."

    "I said, 'Thank you, I'm going to reach out to Gov. Blagojevich," Balanoff testified.

    The next morning, Jarrett called Balanoff: "Didn't Barack call you last night? Well, I am interested."

    As has been heard alluded to in FBI wiretaps previously played in court, Blagojevich suggested to Balanoff he'd be willing to trade a Jarrett appointment for, first, being Health and Human Services secretary and, later, for President Obama's help in getting big Democratic fundraisers to give money for a health care advocacy group that Blagojevich would run.

    In tapes played last week, Blagojevich Chief of Staff John Harris said that word was passed to Blagojevich fundraiser John Wyma that instead of those things, the Obama camp would be "thankful and and appreciative" if he appointed Jarrett.

    Blagojevich's reply, captured by the FBI wiretap: "They're not willing to give me anything but appreciation? F--- them."

    After Jarrett publicly took herself out of contention, Balanoff said he had a conversation with State Treasurer Alexi Giannoulias, a protege and basketball buddy of Obama's, who is now the Democratic nominee for the Senate seat. Of that conversation, Balanoff said: "In passing he said, 'Maybe he'll appoint me.' "

    When Balanoff suggested Giannoulias, Blagojevich bristled: "That motherf-----; I wouldn't do s--- for him. Every chance he got, he took a shot at me."

    Giannoulias disclosed over the weekend that the defense has subpoenaed his possible testimony.

    In the same meeting, Balanoff said he brought up Rep. Jan Schakowsky as a possible appointee. But, as has been established in FBI wiretapes introduced as evidence last week, Blagojevich was determined to appoint an African American to help him politically.

    Balanoff testified that Blagojevich said of Schakowsky: "If she had any ancestors who came over on slave ships, she'd be fine."

    NOTE: None of the conversations between Balanoff, Blagojevich, Obama, Jarrett or Giannoulias were captured by FBI wiretaps.

    Hat-tip to WMAQ's Phil Rogers

  • Blog Buzz: On 'Bunk' and Boehner

    The blogosphere comments on one of its own: Daily Kos, whose founder, Markos Moulitsas, today released an report in which he told readers indicated that the blog’s weekly State of the Nation poll, conducted by firm Research 2000, was “likely bunk.”

    Laying out both sides of the case, liberal blogger desmoinesdem at MyDD points out, “Last year the Strategic Vision polling firm was brought down by convincing allegations that at least some of its polling results had been fabricated. Research 2000 had a much better reputation than Strategic Vision, though.”

    “Kos’ transparency about polling was the reason the researchers were able to identify the fraud,” mistermix wrote at liberal blog Ballon Juice.

    At the conservative HotAir, Ed Morrissey writes that he agrees with Moulitsas that “pollsters should provide full transparency for their surveys so that people can assess performance properly, such as sample size, question formulation, demographics, and so on. Without that information, polls can easily manipulate both respondents and readers alike.” On the news that Moulitsas will be taking the firm to court, however, Morrissey commented, “The only criticism that comes to mind is the lawsuit itself. Why bother? Markos would be better advised to cut his losses.”

    And on the liberal side, bloggers are abuzz with John Boehner’s comments on Social Security and financial reform today.

    Daily Kos     responded to Boehner’s Social Security comments by remarking, “Not only could our seniors prove their patriotism by working for several more years, it would mean our brothers in banking won't have to continue to pay the price for their meltdown. It's a win, win solution ... assuming you're a Republican or a banker.”

    AMERICAblog     also chimed in: “Did you hear that senior citizens? The GOP leader admitted he's going to cut your benefits to pay for the war. He's not threatening to end the tax cuts on the wealthiest Americans. You remember how Bush and the GOP cut taxes for the rich despite our engagement in two wars. Nope. He's coming for Social Security benefits. You've been warned, senior citizens.”

    “Just to be clear here, what Boehner considers an‘ant’ was a severe economic crash that nearly collapsed the global financial system,” wrote Steve Benen at the Washington Monthly

  • Fin. reform hangs in the balance; GOP votes needed

    From NBC's Ken Strickland
    The House and Senate members who wrote the latest version of the financial regulatory reform bill will reconvene today at 5:00 pm ET today. This meeting -- called "a conference" -- is in response to concerns raised by some Senate Republicans, who had earlier voted for the Senate version of the bill, but are unhappy with the new version. (This version represented the merger of the House and Senate bills.)

    This is an unusual move in Congress, since the bill was in the final stage, on the verge of going to each chamber for passage this week. Democratic leaders and the White House had touted the bill's passage before the July 4th recess.

    Republican Sens. Scott Brown, Susan Collins, and Olympia Snowe have criticized the merged bill for a $19 billion assessment on big banks, saying it amounts to a "bank tax" that will trickle down to consumers.

    In a letter to the leaders of the House and Senate banking committees, Brown wrote, "If the final version of this bill contains these higher taxes, I will not support it ... while some will try to argue this isn't a tax, this new provision takes real money away from the economy, making it unavailable for lending on Main Street, and gives it to Washington. That sounds like a tax to me."

    With the death of Sen. Robert Byrd and at least one announced defection among Democrats, Majority Leader Harry Reid needs a few Republicans for the 60 votes required to break a filibuster -- a number Reid doesn't right now.

  • Bill Clinton backs Romanoff

    AP

    Former President Bill Clinton is throwing his support to former state House Speaker Andrew Romanoff in the Democratic primary for Colorado Senate.

    As NBC's Chuck Todd points out, it's the first major split to date on 2010.

    In his letter supporting Romanoff, Clinton said, "Colorado is far better off today because of Andrew Romanoff's leadership. America will be too. ... We need Andrew's leadership in Washington -- especially now, when so many Americans are losing so much.

    "Andrew brings to this race both an extraordinary record of public service and an extraordinary capacity to lead. I believe that those assets, as well as his deep commitment to Colorado, give him the best chance to hold this seat in November."

    Here's the full letter:

    PRESIDENT BILL CLINTON

    June 29, 2010

    Dear Friends,

    I first met Andrew Romanoff in 1992, when he was a student at the Kennedy School of Government and I was a candidate for President. Four years later, I was running for a second term, and he had just been elected to his first -- as one of Colorado's representatives on the Democratic National Committee.

    I was proud to carry Colorado in 1992, but you should be even prouder of what Andrew Romanoff did to turn the state blue. He worked harder than anyone in Colorado to put Democrats in positions of power -- and to use that power to benefit every single citizen.

    Andrew led the effort to win a majority in the Colorado House of Representatives for the first time in 30 years, and to keep that majority for the first time in more than 40 years. He built the largest Democratic majority since John F. Kennedy was President.

    Even more important, Andrew took on Colorado's biggest challenges and made enormous progress. As the first Democratic Speaker of the House since 1976, he:

    Put together an Economic Recovery Plan to bring good jobs to Colorado and balance the state budget.

    Passed the largest investment in school construction in state history -- a billion-dollar plan to repair, rebuild and modernize schools, especially in rural Colorado.

    Protected Coloradans from the threats they face every day: insurers who deny their claims and refuse to honor their policies, scam artists who prey on seniors and bilk them out of their life savings, polluters who destroy the environment and expect somebody else to pay for the damages.

    Andrew won. Colorado won.

    In 2008, the editors of Governing Magazine honored Andrew as "Public Official of the Year." They recognized in Andrew the same qualities that the National Conference of State Legislatures, the Council of State Governments, and more than 50 other organizations had already seen -- integrity, courage, compassion. Simply put, Andrew Romanoff is one of the best legislative leaders in the United States.

    Colorado is far better off today because of Andrew Romanoff's leadership. America will be too.

    As a Senator, Andrew Romanoff will continue to stand up to special interests and fight for working families. We need Andrew's leadership in Washington -- especially now, when so many Americans are losing so much. "It is not enough," as Andrew put it at the Colorado Democratic Assembly last month, "to put a President of real talent and vision and leadership in the White House if the same qualities are not matched at the other end of Pennsylvania Avenue."

    Andrew won the state assembly by 21 points. With your help, he'll win the primary and the general election.

    Andrew brings to this race both an extraordinary record of public service and an extraordinary capacity to lead. I believe that those assets, as well as his deep commitment to Colorado, give him the best chance to hold this seat in November.

    I support Andrew Romanoff, and I hope you will too. Please make a generous contribution to his campaign today.

    Sincerely,

    Bill Clinton

  • Petraeus takes step toward confirmation

    From NBC's Kelly O'Donnell
    The Senate Armed Services Committee voted to send the nomination of Gen. David Petraeus to the full Senate for a confirmation vote. This was a voice vote.

    *** UPDATE *** NBC's Scott Foster, who is traveling with Vice President Biden today, reports that the vice president will have dinner with Gen. Petraeus at CENTCOM.

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