McCain And Alito (Go With Byron York Over John Fund)

John Fund wrote an article quoting John McCain as not favoring Alito as a Supreme Court Justice, causing quite a dust-up.  From Fund:

More recently, Mr. McCain has told conservatives he would be happy to appoint the likes of Chief Justice John Roberts to the Supreme Court. But he indicated he might draw the line on a Samuel Alito, because "he wore his conservatism on his sleeve."

Eventually Byron York got a flat denial from McCain, who said this:

"Let me just look you in the eye," McCain told me. "I've said a thousand times on this campaign trail, I've said as often as I can, that I want to find clones of Alito and Roberts. I worked as hard as anybody to get them confirmed. I look you in the eye and tell you I've said a thousand times that I wanted Alito and Roberts.

McCain also delivered a denial to the Christian Broadcasting Network.

Presumably we will soon hear from members of McCain's press entourage, who have heard his stump speech a thousand times, and they will confirm (or refute) this.  Meanwhile, here we go from April 2007:

As McCain is happy to remind Republican audiences in South Carolina, he was then and is now a Reagan Republican.

He told his audience in Columbia Thursday how happy he was that the Supreme Court last week upheld the law to “outlaw the terrible and odious practice that’s called partial birth abortion. I am proud that happened; I am proud of the Congress and proud of the president. But I’m also proud of the fact that (Republican senator) Lindsey Graham and I –- with five other Republicans joined with seven Democrats” to design an anti-filibuster deal that allowed Bush nominees John Roberts and Sam Alito to win confirmation.

Promising conservative judges
McCain called them “two of the finest justices ever appointed to the United States Supreme Court.”

As McCain made a point of telling the audience in Columbia, “there may be as many as three vacancies on the United States Supreme Court” in the next presidential term. “It’s going to be a very, very important responsibility of the next president.”

His judges, he implied would be in the mold of Thomas, Alito and Roberts and, he vowed, “would strictly interpret the Constitution.”

Here is McCain from Jan 18, 2008:

Mr. McCain emphasized his commitment to appoint conservative Supreme Court judges. At a rally earlier in the day he called justices John Roberts and Samuel Alito “two of the finest judges … in the history of this country.” On the Yorktown, he told the crowd that as president he would “look for a clone of Justice Roberts. I’ll look all over the planet.”

Finally, here is McCain courting the Catholic vote as reported on Jan 25:

As models of who he would select, John McCain pointed to Justices Samuel Alito and Antonin Scalia.

Well, Fund did say that McCain's backpedaling from Alito occurred "recently".  Must have been in the last two days, although I can't guess why. 

Fr a big finish let's just flash back to the initial Alito announcement:

McCain said he is "very favorably disposed" toward Alito, but "it's my obligation to go along with the Gang of 14 and have periodic meetings and discussions."

The former presidential candidate later told CNN that he expected Alita to be confirmed.

I am going with Byron York on this one.

MORE:  Professor Bainbridge checks McCain's senate speech supporting Alito and provides a Larry King interview as well.

STILL MORE:  Patterico is leaning towards McCain (And me!).  Ramesh cites the April '07 excerpt, so I infer the Lexis wheels are spinning.

Comments

[Anon]

Ya but you know supposedly it's McCain's attacks on Romney that have been sleazy.

Gawd I loathe McCain but the NRO gang make me want to puke.

The guy has been voting for Conservative judges for maybe twenty years but ghee he might have said something that John Fund overheard while he was taking a crap in the next room with the water running...

[Anon]

Oh and ghee those little peons are suddenly the great defenders of Rummy.

Give me a cotton pickin' break.

Wow what a pack of asshats.

[narciso]

Well we know the Gang of 14 kept William Haynes off the court; ratifying AQ detainees
constitutional rights; we know that similar negotiations kept Miguel Estrada and a number of other figures off the appeals and US Supreme Court. McCain's general view would be to have judges of Harriet Miers or worse; with the campaign finance and 'no torture' positions firmly defined. With Rudy you have Ted Olson as a guide; with Romney you have Ann Comstock; one of Ashcroft's aides (Hide the children, the Lord High Inquisitor is here)Paul would dispense with trials altogether, and go for drumhead tribunals, and Huckabee, don't ask.

[Skip]

Well, Fund is sticking by his story, says he has "multiple sources". And McCain has backed off from his unequivocal denial. He now says "I don't recall a conversation where I would have said that." That's not the kind of thing you say when the statement is something you never could have said.

And, in fact, it's a perfectly reasonable thing for him to have said, if it's in the context of saying "look, I'm going to nominate guys who will be confirmed easily, but they'll still be conservatives". That would be something he could definitely have said in an attempt to reassure his Senate colleagues.

In any case, if it truly is "multiple-sourced" (and it likely is because K-Lo on the Corner said she'd heard the same thing over the weekend) it will all come out in the next few days. If McCain really did say it, and handled it this poorly, it should pretty-well kill his candidacy. And if it's from the Romney camp it should do the same thing to him.

[Jane]

Reid and Pelosi look terribly constipated at this State of the Union address. Someone needs to get them some prunes.

[vnjagvet]

They need to be able to make the exits, though Jane, or there will be big trouble.

[Ann]

Jane, Harry Reid looked like he wanted to spit and Nancy looks very pale and beady eyed.

[windansea]

"Let me just look you in the eye,"

yeah, that always convinces me

[Rick Ballard]

"Harry Reid looked like he wanted to spit and Nancy looks very pale and beady eyed."

Everything's normal then. No surprises.

[Ann]

Do you find yourself blinking alot watching this? ;)

I love when they catch people sleeping!

[Jane]

Does Congress vote this year on Reid and Pelosi's leadership positions?

[RichatUF]

It looks like Pelosi was reading something else. VP Cheney looks like he wants to go hunting

[centralcal]

I am so gonna miss Cheney sitting there in the future!

[Jane]

Oh gee, the democrats are against cloning. I'm surprised.

[Rick Ballard]

"Does Congress vote this year on Reid and Pelosi's leadership positions?"

Hopefully, maybe in December when the Dems select new minority leadership....

[Jane]

Rick,

How is it determined (the timing)?

[RichatUF]

Kennedy looks like he got out of the Senate Bar just in time.

[centralcal]

Wow. Babs (Barbara Boxer) looks like she just removed her witch costume, but not her witch makeup. What has happened to her?

[RichatUF]

Is it just me or did I notice the Democrats all sit on their hands when Bush said we are defeating the terorists?

[glasater]

Jane--Congress will have a new number/name in January of 2009. If the D's win the House it will be a proforma routine. Pelosi will remain Speaker.
In the Senate--Reid could be challenged--that is if he wins re-election which in his case is not a certainty.

[Rick Ballard]

Jane,

My understanding is that leadership positions are sorted out in December (after the elections) for the incoming Congress. There are no statutes concerning the matter - it's strictly under the control of the parties. The two parties go about the process in different ways with the Dems maintaining a seniority system that dates back quite a ways. That's why there are a lot more very old goats on TV on their side.

[glasater]

I didn't say/write it well but the organization of the D's and R's is in January of 2009. Leadership is elected then. The full House votes on the Speaker at that reorganization.

[RichatUF]

Headscratcher on the Palestinian question-2 states by the end of the year?

Problem, how are the Egyptians supposed to corral all the Gazans streaming into Sinai-or was that the plan all along?

FISA reform and the Senate is going to let it expire. That got about half the chamber to cheer.

[Jane]

Thanks guys. I've wondered about that since Reid and Pelosi assumed their positions, so I appreciate the explanation.

Isn't it nice that the democrats "support" the troops? We should be grateful they don't want to mow them down with gunfire.

[Patrick Tyson]

Jane—

There's a new Congress every two years. Members retire, lose, get elected to something else, etc. The parties organize sometime before the end of the year and then the House votes for the Speaker (one candidate from each party) on the opening day of the session, January 4th. I'm under the impression that the two bodies are informed that this or that Member or this or that Senator has been elected/named to this or that leadership position and the same is true of committee assignments though some of those may be subject to a confirmation vote by the whole House or Senate. It's been awhile since I paid much attention.

Reid isn't up until 2010.

[Jane]

So no chance of getting rid of them in the meantime unless we catch them with a page or something?

[RichatUF]

Jane-

So no chance of getting rid of them in the meantime unless we catch them with a page or something?

For a democrat that would mean a promotion.

Whoa...a moment of affection between the president and Con. Barney Frank...what the hell is Fox news coming to-

[Ann]

Was anyone horribly thinking of Hillary up there?

I will sure miss Bush and Cheney.

[centralcal]

Me too, Ann, me too!

[RichatUF]

KS governor making the response. We hate Bush and that's all you need to know.

[Clarice]

No--It's the great depression in the Heartland and only Dems can save us.

[vnjagvet]

For an Eighth SOU, it was pretty good, I thought. Bush is not an ideologue, despite all of the BDS from the left. There is a certain amount of BDS from the right as well.

Of the 65 to 70% of disapproval, how much comes from the left and how much from the right would you guess?

Rick: Any numbers on this?

[Jane]

No, it's al Qaeda is not a real enemy.

I want to tell her to go shove it.

[Sue]

Boy, I'm glad she isn't coming to us as a partisan democrat, but just as an American. ::eyeroll::

[Ann]

Thought you guys would enjoy this after that rebut:

Son of Kansas Gov. Kathleen Sibelius Designs Raunchy Prison-Themed Board Game

[Clarice]

The Dems seem delighted to portray themselves as the party of whining women who want to invrease got and mother everyone while ignoring our enemies abroad. PHEH. My husband said he couldn't bear to listen to a word of this drivel.

[Sue]

Did anyone notice her 3 examples of what this majority in congress was able to accomplish? Kind of slim pickin's for her to garner enthusiasm for the dems in congress. IMO, of course.

[Clarice]

--***Increase govt****

[centralcal]

Clarice - your husband is astute and has extremely good taste! But, then he chose you, so you know that already.

[Other Tom]

The most important thing the Gang of 14 did was to alleviate the need for the Republican party to be the ones who changed the filibuster rules for judicial nominations. Unless you are sure that the Republicans are likely to hold a 60+ seat majority in the Senate when the next two Supreme Court nominees are identified, you have to be extremely grateful for their effort. And in the meantime, they gave us Samuel Alito, and he's going to be there for a long, long time.

It's all the art of the possible; keep that in mind. And don't let the perfect candidate be the enemy of one that is OK.

[Clarice]

central, don't make me blush!

[Sue]

I have serious problems with McCain on the ICC issue. If we are going to give up our sovereignty I want a D after the name that did it. McCain scares me. On just about every issue but the war. I may have to close my eyes, hold my nose and drink lots of liquids, but I'll probably vote for him if he wins the nomination.

[Jane]

You are a wise man Other Tom.

[Rick Ballard]

Vnjagvet,

The exit poll for the SC Republican primary had a 52% 'Satisfied' and 17% 'Enthusiastic' response to 'Feelings About Bush Administration'. If you split three ways (for the Muddle), then its:

Favorable/Unfavorable

Dem 10/90
Rep 70/30
Muddle 45/55

to get 65%. Change the Muddle to 40/60 to get to 70%.

[vnjagvet]

Yes he is, Jane.

[vnjagvet]

Yes he is, Jane. Especially on that issue.

[centralcal]

I am not an idealist anymore. I would like to think that I am pragmatic. But, I am who I am (flaws and all). I cannot vote for John McCain. There is nothing about him that I trust or like. There is very much about him that is distrust and dislike.

[Ann]

Centralcal,

There have been so many threads that I don't know if you caught
an apology from both J M Hanes and myself for messing up your screen name. Sorry, from MidOhio :)

Always wondered what Centrical meant? Dah

[glasater]

Sue--I'm with you all the way on the ICC. Rich posted a great example on a previous thread.

[Jane]

Well Centralcal there is a part of me that would like to see the democrats win, and return the favor of the last 8 years. But I remind myself that this country is more important than my desire for payback.

Sometimes it is not easy.

[Sue]

One thing the governor said that I totally disagree with is we, the viewing audience, don't care about who stood, who clapped, who did what when. I care greatly. I will always remember when Bush said he tried and failed to overhaul SS and save it and the democrats didn't just stand and applaud, they cheered. That will be played over and over when SS goes belly up.

[Sue]

And another thing I really, really enjoyed. Watching John Kerry watch George Bush give the SoU address. ::grin::

[Rick Ballard]

The Alito story is no big deal. McCain has numerous colleagues who will cheerfully ram a stilletto under his ribs any day of the week.

The Republicans did away with seniority precisely because it allowed Senators who were intensely disliked by the majority of their caucus to rise to positions of true power. Under the new rules the best they get is Chairman of the Sub-Committe on Tollbooths and Rest Stops. McCain had Commerce (from '97) so he wasn't entirely buried. (Commerce - isn't that the one that deals with telecom and spectrum licensing?)

[MayBee]

Boy, I'm glad she isn't coming to us as a partisan democrat, but just as an American. ::eyeroll::

yes, that amused me too. [monotone mommy voice:] Mr. President, just do as Democrats say and there will be no more ugly partisanship.

[Ann]

Very Insightful from NRO:

McCain Behind the Scenes [Ramesh Ponnuru]
A Senate source whom I trust responds to my call for specifics:

McCain stood in the middle of the GOP cloakroom and yelled at several of his Senate colleagues because they deigned to have a vote — to have a vote — on Inhofe's "English As the National Language" amendment to the 2006 immigration bill. He accused conservatives of being "divisive" and "insulting" Latinos for suggesting that immigrants ought to learn this language. He was nasty and unhinged. About 10 staffers witnessed this. He delighted in telling the conservative senators there that they were destroying the party with these efforts. This is what Santorum is talking about. He had antipathy for social and cultural conservatives' efforts.
That's the type of thing Santorum should be letting us know about.

[glasater]

Hillary and Bambi were interviewed on NBC after the SOTU and Bambi's talk was pretty under-whelming. He seems to do well in front of a crowd but not so much one on one.

[RichatUF]

glasater-

Italy is moving forward on 2 cases as well. The "redition case" and the "checkpoint case".

The ICC will rope in young soldiers and marines, with meager means to defend themselves, in a "court" already hostile to them, and without the benefit of redress or a sympathetic press like the Hadith case here in the States. It would be the single biggest foreign policy disaster a president and congress could enact.

[glasater]

Rich--how are these events being countered? It would seem that our government would be involved in these soldiers and marines' defense.
If you are inclined to point me to any further information I would truly appreciate it.

[JM Hanes]

McCain bull headed response to Anderson Cooper about the timed withrawal slam against Romney was appalling. He is in say anything mode, and his reaction to his critics in the past few days has been uniformly dreadful.

If he intends to sign on to the ICC, that's it for me. We would be sacrificing our own constitutional rights, any number of which are not recognized by the international tribunal. This is a monster problem when a treaty supercedes our own laws. The court''s own powers are enumerated without sufficient clarity to prevent it from expanding its own jurisdiction, which includes intruding on national sovereignty, and there is no appeal to or check upon its decisions.

I assume that Senate would have to ratify that decision, although I'm not absolutely sure, but I'm getting extremely nervous about the kind of international agreements he might simply take upon himself to sign, on any number of fronts. The ICC is a very dangerous proposition, and McCain's apparently vague understanding of constitutional issues is a serious limitation.

[MayBee]

Oh yeah, I'm totally against us signing onto the ICC.
Without some sort of veto power there, I can't imagine it's something we want to participate in. Despite what Mary-Anne Slaughter says about it giving the power for special forces to arrest someone. I can't imagine we would let someone else's special forces in to our country to arrest someone on some specious indictment.
Milosovec's trial was about as big a clown show as I've seen, and I can only imagine how much they'd enjoy calling our President over to testify in this and that trial (as they did to Clinton and Clark, although after they were out of office).

[Sue]

I'm glad to see others have started looking at McCain and the ICC issue. I can't believe it was something that slipped under the radar until this late in the nominating process.

[MayBee]

Ooops, I mean Anne-Marie Slaughter.

[Syl]

We all know (except McCain) that the whole point of the ICC is to make it impossible to wage war.

Fanatical human rights advocacy and self-defense are mutually exclusive.

[boris]

Self defense is always problematic for statism.

[centralcal]

To Ann and JMH - yes, I caught the apology for the name misspelling, although no apology is even necessary! I have been hit and miss on most of the recent threads due to a family reunion of sorts - youngest son flew in from Pittsburgh for a week.

[laptop battery]

http://www.batteryfast.com/toshiba/satellite-p25.htm>toshiba satellite p25 battery

[battery]

If it's not too late, can I vote for "SnottyGate" ? I like the aliteration...

[sophy]

We all love game, if you want to play it, please cheap hellgate gold and join us.