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A Mostly Swimming Day for Alito
FOXNews.com ^ | 11 January 2006 | Jane Roh

Posted on 01/10/2006 8:57:57 PM PST by Aussie Dasher

Supreme Court nominee Samuel Alito so far hasn't earned the outcry from opponents who are hoping to put him on the hook the way failed nominee Robert Bork was in 1987, but neither has the candidate gained the support of any senators sitting on the fence.

With no bombshells dropped through day two of the weeklong confirmation hearing, Democrats who voted against Chief Justice John Roberts in September appear equally dissatisfied with Alito, while Republicans so far seem ready to support the nominee.

And after a full day Tuesday of dismantling his opponents' loudest arguments against him, in the end, it was a Republican ally who threw the most unexpected curves, leaving Alito navigating some touchy issues that are likely to come before the high court.

"Can you show me an example in American jurisprudence where the question of status, whether a person was a lawful combatant or an unlawful combatant, was decided by a court and not the military?" asked Sen. Lindsey Graham, whose bombardment of questions often cut off Alito in mid-response.

"I can't think of an example," Alito said, looking flustered for the first time all day. "I can't say that I am able to survey the whole history of this issue, but I....”

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: alito; confirmation; justicealito; scotus; ussenate
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Swimming...swimmer...perhaps it's only a coincidence.
1 posted on 01/10/2006 8:58:00 PM PST by Aussie Dasher
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To: Aussie Dasher

OMG - whoever wrote that title has an absolute sick sense of humor (and I love it!)


2 posted on 01/10/2006 9:02:06 PM PST by Chickenhawk Warmonger (Join the chickenhawk express at www.chickenhawkexpress.blogspot.com)
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To: Aussie Dasher
"Can you show me an example in American jurisprudence where the question of status, whether a person was a lawful combatant or an unlawful combatant, was decided by a court and not the military?" asked Sen. Lindsey Graham, whose bombardment of questions often cut off Alito in mid-response.

Lindsey was a JAG attorney don't cha know.

3 posted on 01/10/2006 9:02:06 PM PST by gov_bean_ counter (It is easy to call for a pi$$ing contest when you aren't going to be in the line of fire.)
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To: gov_bean_ counter

I've tried cases with Lindsey. I assure you he has superb cross-examination technique. What he was trying to accomplish here, however, is beyond me.


4 posted on 01/10/2006 9:13:59 PM PST by JCEccles
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To: Aussie Dasher
Mary Jo Kopechne was unavailable for comment on ted kennedys rantings.
5 posted on 01/10/2006 9:16:17 PM PST by mdittmar (May God watch over those who serve,and have served, to keep us free.)
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To: Aussie Dasher

Fricking Graham STFU! Babbling borderline RINO I don't know why Hannity keeps having him on his show.


6 posted on 01/10/2006 9:19:39 PM PST by Extremely Extreme Extremist (None genuine without my signature)
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To: JCEccles

Did you not listen to his speech?

He was actually trying to defend the president's policy of enemy combatants.

He even cited cases where in a time of war, people could be held indefinitely.

He wasn't attacking the judge at all, just trying to drill home the need for the POTUS to exercise authority during wartime. He was trying to understand whether Alito feels the same.


7 posted on 01/10/2006 9:33:29 PM PST by rwfromkansas (http://www.xanga.com/rwfromkansas)
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To: Extremely Extreme Extremist

You obviously didn't listen to his speech and understand what he was doing.

Sometimes the guy gets on my nerves, but he was defending Bush today.


8 posted on 01/10/2006 9:34:08 PM PST by rwfromkansas (http://www.xanga.com/rwfromkansas)
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To: Aussie Dasher

If you go somewhere with Teddy, you better know how to swim.


9 posted on 01/10/2006 9:36:34 PM PST by msnimje (This space is currently undergoing maintenance.)
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To: rwfromkansas
No, I didn't hear his speech. I've only read excerpts.

Lindsey is a master at making witnesses look and sound flustered. Seems to me he needs to tone it down. He's working at cross purposes if his questions have the effect of making Alito look and sound ill-prepared.

10 posted on 01/10/2006 9:38:16 PM PST by JCEccles
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To: JCEccles
I've tried cases with Lindsey. I assure you he has superb cross-examination technique. What he was trying to accomplish here, however, is beyond me.

He was making the point that the military (and CIC) are the ones to determine whether someone is an enemy combatant - NOT THE COURTS! Its the power of the Presidency, not some Clinton appointed judge with an agenda (See also Padilla)

11 posted on 01/10/2006 10:13:51 PM PST by Go Gordon (I don't know what your problem is, but I bet its hard to pronounce)
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To: JCEccles

I heard him on Sean Hannity yesterday and he seemed very supportive of Alito, just FYI.


12 posted on 01/10/2006 10:16:11 PM PST by merry10
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To: Extremely Extreme Extremist
Fricking Graham STFU! Babbling borderline RINO I don't know why Hannity keeps having him on his show.

Because Graham is trying to rehabilitate himself in the eyes of conservatives. He sounds like a typical forked-tongue politician to me.

13 posted on 01/10/2006 10:17:09 PM PST by Auntie Dem (Hey! Hey! Ho! Ho! Terrorist lovers gotta go!)
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To: Aussie Dasher
but neither has the candidate gained the support of any senators sitting on the fence.

Oh please.... And who would they be?

14 posted on 01/10/2006 10:27:20 PM PST by Lancey Howard
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To: rwfromkansas
"Sometimes the guy gets on my nerves, but he was defending Bush today."

Agreed.

Most of what Linsey did today was political. We also see that Bush has not annointed a successor, and right now there is a scramble to either appear to be a Pubbie moderate ( RINOs) or a supporter and "continuator" of current Presidential policies. Graham is a continuator, so does he have a chance at securing the nomination in 2008? He still has time to make the attempt and perhaps we are seeing his first public sally in that direction.

15 posted on 01/10/2006 10:33:59 PM PST by Candor7 (Into Liberal Flatulence Goes the Hope of the West)
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To: Go Gordon
He [Senator Graham] was making the point that the military (and CIC) are the ones to determine whether someone is an enemy combatant - NOT THE COURTS!

Agree.

16 posted on 01/10/2006 11:04:18 PM PST by patriciaruth (http://www.freerepublic.com/focus/f-news/1346573/posts)
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To: Extremely Extreme Extremist
I don't know why Hannity keeps having him on his show.

I've been trying to figure out why Hannity has a show.

17 posted on 01/10/2006 11:49:38 PM PST by Cobra64
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To: JCEccles
"What he was trying to accomplish here, however, is beyond me."

My impression is that he was trying to pre-empt possible attacks on Alito re his support for certain executive branch prerogatives during armed conflict. The democrats have made much of Bush's supposed denial of detainees "rights," so after this exchange between Graham and Alito, the ball would appear to be in the democrats' court.

18 posted on 01/10/2006 11:51:01 PM PST by Bonaparte
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To: rwfromkansas

Exactly. See post 18. I don't know how the Fox "analyst" could have missed this.


19 posted on 01/10/2006 11:54:25 PM PST by Bonaparte
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To: gov_bean_ counter

still say lindy boy is a little light in the loafers, of well, don't ask don't tell


20 posted on 01/11/2006 12:40:45 AM PST by wildcatf4f3 (the friend of my enemy is my enemy)
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