MSNBC: What’s the ‘Best Road to Stopping the Pick?’

July 9th, 2018 7:24 PM

Hours before the announcement of Donald Trump’s Supreme Court pick, MSNBC on Monday was already plotting to stop him (or her). The Beat's Ari Melber hosted a panel full of liberals and asked former Hillary Clinton 2016 operative Brian Fallon: “On the strategy here, what do you see as the best road to actually stopping the pick?” No subtlety there. 

Also on the panel: Liberal ex-state senator from Texas Wendy Davis, liberal ex-U.S. Senator Russ Feingold and Kristen Clarke of the Lawyers Committee for Civil Rights Under Law. Before playing a clip of Federalist Society Executive Vice President Leonard Leo, Melber derided Leo as a “shadow president.” 

 

 

I want to play for you a person who has become the sort of, shadow president in the Trump era when it comes to these appointments. As you know, not a household name but so important, Leonard Leo, who runs the Federalist Society. And what I'm saying may sound like a criticism and make Donald Trump sound like he's taking a kind of a back seat. But it’s what he and his advisers stressed as far back as the campaign that he wasn’t going to make these decisions himself. 

Get ready for the liberal freak out to commence once the nominee is officially unveiled. 

A transcript is below. Click "expand" to read more. 

The Beat
7/9/18

6:04pm ET

ARI MELBER: There is a strategic question some Democrats banking what could be their best hope to win this fight, trying to get moderate Dems to hold the line, push voters to the polls and get at least one moderate Republican to join them in blocking any pick Donald Trump makes tonight.      

...

6:06pm ET

MELBER: Senator Davis, as we look at the Supreme Court, where many activists are gathering tonight, I want to play for you the person who has become the sort of, shadow president in the Trump era when it comes to these appointments. As you know, not a household name but so important, Leonard Leo, who runs the Federalist Society. And what I'm saying may sound like a criticism and make Donald Trump sound like he's taking a kind of a back seat but it’s what he and his advisers stressed as far back as the campaign that he wasn’t going to make these decisions himself. Listen to Mr. Leo playing down the threat to Roe v . Wade. 

[Clip of Leonard Leo on ABC’s This Week.]

BRIAN FALLON:  If it's Brett Kavanaugh, this is somebody that fits the Trump litmus test to a tee. And I think that the case for those of us on the progressive side of things will make against somebody like Brett Kavanaugh is just go through the issues. Number one, Roe. In addition to the President’s litmus test, Brett Kavanaugh himself has given speeches praising the dissent, the dissent, in the Roe v. Wade case. On ACA, Brett Kavanaugh did not join the opinion upholding it when it came before the circuit. In fact, he used a speech criticizing the rational Justice Roberts used to uphold the ACA. And then the coup de grace, the number three issue and the one that’s probably most resonant with Donald Trump is Brett Kavanaugh has been outspoken for the last 20 years about his view a sitting president cannot be indicted and that a president should be able to get to cherry pick who gets to investigate him and fire them them for any reason. Those are the three issues you’re going to hear to frame the case against Brett Kavenaugh.  

6:15pm ET

MELBER: So, Brian, on the strategy here, what do you see as the best road to actually stopping the pick?

FALLON: Well, I think that the analog situation here is the health care debate last year. There, too, people started off thinking Democrats didn't have much of a shot of stopping the repeal efforts. But we did two things. We successfully united Democrats and successfully targeted moderate Republicans in the Supreme Court fight.