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Fox's Hemmer sugarcoats reasons for opposition to Sessions' judicial nomination

June 05, 2009 12:35 pm ET

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SUMMARY: While interviewing Sen. Jeff Sessions, Bill Hemmer minimized the reasons for the Senate's rejection of Sessions' 1986 federal district court nomination, saying that it resulted from "some criticism about some of your views regarding the NAACP."

51 Comments

During the June 5 edition of Fox News' America's Newsroom, while interviewing Sen. Jeff Sessions (R-AL), co-host Bill Hemmer sugarcoated the reasons for the Senate's rejection of Sessions' 1986 nomination to be a U.S. district court judge. Hemmer said, "Twenty-three years ago, you were nominated by President Reagan to be a federal judge. That was rejected. It had some views or some criticism about some of your views regarding the NAACP." In fact, in addition to describing the NAACP and American Civil Liberties Union as "un-American," according to reporting at the time and subsequent reports, the Senate heard testimony that Sessions made numerous other racially insensitive comments. Further, the Senate also reportedly heard testimony about accusations that his 1985 pursuit of voter fraud charges against three African-American civil rights activists during his tenure as United States attorney were racially motivated, as Media Matters for America documented.

The New York Times reported in a June 6, 1986, article (accessed via Nexis) headlined, "Senate Panel Hands Reagan First Defeat on Nominee for Judgeship," that "[t]he nomination was opposed because of a number of racially insensitive statements Mr. Sessions was accused of making while serving as United States Attorney in Mobile, Ala. The nominee denied making racial statements, but both Democratic and Republican senators had expressed concern over his attitude toward members of minority groups and his prosecution last year of three blacks who were eventually acquitted on charges of voting fraud."

In a December 2002 New Republic article, then-assistant editor Sarah Wildman reported that a black former assistant U.S. attorney testified to the Senate that Sessions was "heard by several colleagues commenting that he 'used to think they [the Klan] were OK' until he found out some of them were 'pot smokers,' " among other remarks. Wildman reported that Sessions said the comment about the Ku Klux Klan "was clearly said in jest." From her article:

Senate Democrats tracked down a career Justice Department employee named J. Gerald Hebert, who testified, albeit reluctantly, that in a conversation between the two men Sessions had labeled the National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU) "un-American" and "Communist-inspired." Hebert said Sessions had claimed these groups "forced civil rights down the throats of people." In his confirmation hearings, Sessions sealed his own fate by saying such groups could be construed as "un-American" when "they involve themselves in promoting un-American positions" in foreign policy. Hebert testified that the young lawyer tended to "pop off" on such topics regularly, noting that Sessions had called a white civil rights lawyer a "disgrace to his race" for litigating voting rights cases. Sessions acknowledged making many of the statements attributed to him but claimed that most of the time he had been joking, saying he was sometimes "loose with [his] tongue." He further admitted to calling the Voting Rights Act of 1965 a "piece of intrusive legislation," a phrase he stood behind even in his confirmation hearings.

It got worse. Another damaging witness -- a black former assistant U.S. Attorney in Alabama named Thomas Figures -- testified that, during a 1981 murder investigation involving the Ku Klux Klan, Sessions was heard by several colleagues commenting that he "used to think they [the Klan] were OK" until he found out some of them were "pot smokers." Sessions claimed the comment was clearly said in jest. Figures didn't see it that way. Sessions, he said, had called him "boy" and, after overhearing him chastise a secretary, warned him to "be careful what you say to white folks." Figures echoed Hebert's claims, saying he too had heard Sessions call various civil rights organizations, including the National Council of Churches and the Southern Christian Leadership Conference, "un-American." Sessions denied the accusations but again admitted to frequently joking in an off-color sort of way. In his defense, he said he was not a racist, pointing out that his children went to integrated schools and that he had shared a hotel room with a black attorney several times.

Talking Points Memo's Brian Beutler and Eric Kleefeld reported in a May 7 post that they obtained transcript of the Sessions confirmation hearing and further wrote of Figures' testimony:

Figures recalled one occasion in which the Justice Department's Civil Rights Division sent them instructions to investigate a case that Sessions had tried to close: "We had a very spirited discussion regarding how the Hodge case should then be handled; in the course of that argument, Mr. Sessions threw the file on a table, and remarked, 'I wish I could decline on all of them.' "

All of them, according to Figures, meant civil rights cases generally. As he explained at one point: "[T]he statement, the manner in which it was delivered, the impression on his face, the manner in which his face blushed, I believe it represented a hostility to investigating and pursuing those types of matters."

Figures said that Sessions had called him "boy" on a number of occasions, and had cautioned him to be careful what he said to "white folks." Mr. Sessions admonished me to 'be careful what you say to white folks,' " Figures testified. "Had Mr. Sessions merely urged me to be careful what I said to 'folks,' that admonition would have been quite reasonable. But that was not the language that he used."

From the June 5 edition of Fox News' America's Newsroom:

HEMMER: I need a quick answer on the next one here -- I'm running out of time -- but many may not be aware of this, and your position is very unique. Twenty-three years ago, you were nominated by President Reagan to be a federal judge. That was rejected. It had some views or some criticism about some of your views regarding the NAACP.

How has that experience from two decades ago shaped your experience for this hearing coming up this summer?

SESSIONS: Well, it made me feel -- first, that I felt it was -- I was unfairly treated and didn't get the chance to really fully answer questions, and the American people didn't get to hear my side of it. This nominee needs to be treated fairly. She needs to be able to answer any criticism that they have, and we're going to give her that. I hope people will say this is the best nomination process we've had. That would be my goal, and I look forward to working with Senator [Pat] Leahy [D-VT], and maybe we can achieve that.

HEMMER: OK. Jeff Sessions, thank you.

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    • Author by right ON (June 05, 2009 12:54 pm ET)
        7
      Another hollow, partisan complaint by MMfA. If Hemmer had failed to mention Sessions' history at all MMfA would be bellyaching about that. But that isn't enough, apparently they wanted Hemmer to go into voluminous detail about a twenty year old story to make sure the Republican is shown in the worst possible light, even if it's essentially irrelevant.
      Report Abuse
      • Author by Kyle_Broflovski (June 05, 2009 1:12 pm ET)
        4  
        I agree with RightON. We need more emotionless, unfeeling robot creeps like Sessions in the justice system. No room for empathy, this is America!
        Report Abuse
        • Author by right ON (June 05, 2009 1:31 pm ET)
            7
          I don't believe I said that, but nice rant.
          Report Abuse
          • Author by Kyle_Broflovski (June 05, 2009 3:41 pm ET)
            3  
            http://blogs.tnr.com/tnr/blogs/the_plank/archive/2009/06/04/jeff-sessions-makes-children-cry.aspx
            Report Abuse
        • Author by worrierking (June 05, 2009 1:48 pm ET)
          6  
          Emotionless?

          The Republicans are already a pretty emotional bunch.


          [http://i258.photobucket.com/albums/hh263/GhostofBillHix/john_boehner_crying_little_.jpg]

          Report Abuse
      • Author by NiceguyEddie (June 05, 2009 1:49 pm ET)
        8  
        No, I disagree. 'Opposition the NAACP & ACLU' are NOT enough to get you kicked out of a judgeship. That makes it sound like the Dem's were pandering far more then they were. He specificlaly abused his power in the voter fraud case, showing either poor legal judgement or patholigical impropriety. This DOES disqualify for the position, and there's nothign partisan about that. He was shot down for blatant racism, not 'controversy.' And if this needs to be sugarcoated, then we shouldn't be interviewing the guy.
        Report Abuse
        • Author by right ON (June 05, 2009 1:58 pm ET)
            6
          Hemmer was not obligated to retry Sessions' court nomination because he was interviewing him, he mentioned it for disclosure and that was enough.
          Report Abuse
          • Author by bilbo_dies (June 05, 2009 2:24 pm ET)
            2  
            If he wanted to mention his past, related to not getting the judgeship, then maybe it would have been better phrased as" allegations of considering the ACLU as un-american and making racist comments" might have covered the actual reasons better.
            Although I do agree that you don't need a five minute preface, you do need to get the facts straight when reporting the news or doing interviews.
            Report Abuse
            • Author by right ON (June 05, 2009 2:31 pm ET)
                4
              I would agree with you on the "allegations of considering the ACLU as un-american" part, but the "making racist comments" would be a conclusion, not a straight fact.
              Report Abuse
              • Author by Brabantio (June 05, 2009 2:53 pm ET)
                4  
                How about "charges of multiple racist comments", or something along those lines? That would be perfectly objective. Those charges were made, and Sessions could answer in the exact same manner.

                "[S]ome of your views regarding the NAACP" is incredibly vague. What views? Was it about specific actions of that organization, while he himself supported civil rights? Hemmer acknowledges that many people in his audience don't know the story behind it, and yet he makes no effort to give them an accurate picture. It's sloppy, at best.
                Report Abuse
                • Author by right ON (June 05, 2009 2:58 pm ET)
                    6
                  Sessions is not being considered for the court, the charges against him are just that, to go into depth or retry it is irrelevant.
                  Report Abuse
                  • Author by Brabantio (June 05, 2009 3:11 pm ET)
                    6  
                    Then Hemmer shouldn't have brought it up at all. If he's going to bring up past events, he should make an effort to be clear about what actually happened. On what principle do you dispute that, exactly?
                    Report Abuse
                    • Author by right ON (June 05, 2009 3:16 pm ET)
                        6
                      I already said what would have happened if Hemmer had not brought it up at all. There is no satisfying some of you.
                      Report Abuse
                      • Author by Brabantio (June 05, 2009 3:26 pm ET)
                        4  
                        If they were to criticize Hemmer for not bringing it up at all, I'm not sure what the basis for that would be. I'd have to see exactly why that disclosure is necessary.

                        In any event, that still leaves the concept of being clear on the table. Why is that too much to expect? You already accepted the ACLU phrasing, and the wording I provided would only add on a few more seconds, which falls quite short of "voluminous detail".
                        Report Abuse
                        • Author by right ON (June 05, 2009 3:29 pm ET)
                            6
                          "If they were to criticize Hemmer for not bringing it up at all, I'm not sure what the basis for that would be"

                          You don't. Let me give you a most likely MMfA headline: Hemmer fails to disclose Senate Judiciary member Sessions' past racially charged comments.
                          Report Abuse
                          • Author by Brabantio (June 05, 2009 3:33 pm ET)
                            5  
                            I didn't say I couldn't imagine the headline. I'm saying I don't know how they would justify the criticism.
                            Report Abuse
                            • Author by right ON (June 05, 2009 3:39 pm ET)
                                4
                              So if Hemmer didn't even mention it, you couldn't justify the criticism of him for not doing so. But if he does mention it then you expect a full blown citing of all the details? That is ridiculous. I just told you, your "facts" are not the end all. Hemmer mentioned it at the end of the interview for disclosure reasons, the fact that he didn't follow your "facts" is what really has you defending this MMfA item.
                              Report Abuse
                              • Author by Brabantio (June 05, 2009 3:43 pm ET)
                                4  
                                He asked him about it specifically citing his unique position. I'm not sure there's an inherent conflict of interest involved or anything. Are you claiming to read my mind and tell me that I don't really believe that?

                                All that's been said is that he should use the phrasing about the ACLU and point out that there were accusations of racism. How is that "a full blown citing of all the details"? If he's going to bring it up, he should be clear instead of vague. That really doesn't seem unfair to say.
                                Report Abuse
                                • Author by right ON (June 05, 2009 3:51 pm ET)
                                    4
                                  And then what? Sessions would have what, 10 seconds, to refute twenty year old accusations and being called a racist. How is that fair, and even relevant? It isn't.
                                  Report Abuse
                                  • Author by Brabantio (June 05, 2009 3:54 pm ET)
                                    3  
                                    Sessions could have said:"Well, it made me feel -- first, that I felt it was -- I was unfairly treated and didn't get the chance to really fully answer questions, and the American people didn't get to hear my side of it."

                                    And again, if that's not fair or relevant at all, then Hemmer shouldn't have brought it up at all. If MMfA would hypothetically think differently in that situation, then you would hypothetically have no problems making that argument there. Right?
                                    Report Abuse
                                    • Author by right ON (June 05, 2009 3:57 pm ET)
                                        4
                                      And how does your hypothetical on Sessions' answer change the dynamic of their conversation in any substantive way? It does not. I would have no problem if Hemmer had left it out completely, but he mentioned a twenty year old story in it's relevant context, so I am fine with his disclosing statement. You're not, that's up to you.
                                      Report Abuse
                                      • Author by Brabantio (June 05, 2009 4:02 pm ET)
                                        3  
                                        What's changed is that the audience has a better understanding of the situation. Why you have such a problem with that, nobody knows.
                                        Report Abuse
                                        • Author by right ON (June 05, 2009 4:09 pm ET)
                                            4
                                          Better understanding as long as the accusations against Sessions are out there with no time for him to refute them, that's what you really mean. You have yet to demonstrate their relevance whatsoever, in fact you argue Hemmer shouldn't even have said it all. So nobody knows what you want, except to argue.
                                          Report Abuse
                                          • Author by Brabantio (June 05, 2009 4:38 pm ET)
                                            5  
                                            He would have two less seconds than he had anyway, tops. What a victim, really. And again with the mind-reading and declarations of what I really mean, because supposedly nobody can disagree with you unless they have a partisan motive.

                                            I don't have to demonstrate the relevance. If Hemmer is going to bring it up, then it should be clear. You have yet to show any reason why that is not fair.
                                            Report Abuse
                                            • Author by right ON (June 05, 2009 4:47 pm ET)
                                                4
                                              You have demonstrated nothing except an urge to argue, even with yourself since you claim Sessions' history is irrelevant anyway. And your partisan motives are proudly on display, by stating that Sessions might cry victim or something just because he has less than two seconds to refute racist allegations against him. Yet that's fair to you. Stunning.
                                              Report Abuse
                                              • Author by Brabantio (June 05, 2009 5:07 pm ET)
                                                3  
                                                You're increasingly unhinged. I'm not arguing with myself in the least. If Hemmer wants to ask a question which relies on Sessions' history, as he did, that's his judgment. If he does, he avoid being so vague for the sake of his audience. That's entirely consistent with saying that MMfA might not have a valid complaint for citing a failure of Hemmer to bring it up at all. Obviously, if Hemmer didn't mention it, then he wouldn't be asking a question based on that experience, so MMfA would have to be claiming that Hemmer should have brought it up based on the previous portion of the interview.

                                                I didn't say anything about Sessions crying victim. You're the one who is so concerned with his lack of time. There's no specific comment to deny, so he could say exactly what he said anyway. So what's the problem?
                                                Report Abuse
                                                • Author by right ON (June 05, 2009 5:16 pm ET)
                                                    3
                                                  Unhinged? You implied that Sessions would cry victim, "What a victim", you most certainly did, read what you wrote. You wrote that on the very post where you defended your disagreements with me as not being partisan in nature. What a joke. I would prefer, yes, that when someone is slapped with twenty year old racist allegations that they have more than two seconds to respond. If you think that is appropriate then just admit that it's only because he's a Republican. You wouldn't appear to be such a phony if you did.
                                                  Report Abuse
                                                  • Author by Brabantio (June 05, 2009 5:27 pm ET)
                                                    3  
                                                    No, I implied no such thing. I was referring to your depiction of his situation, not anything about Sessions hypothetical views or actions.

                                                    Who said "two seconds to respond?" I said he would have two less seconds, tops. That means the amount of time he actually had minus two seconds. I thought that the last time you wrote that, you just mistyped it.

                                                    Is this clear to you now, or will you demonstrate an "urge to argue"?
                                                    Report Abuse
                                                    • Author by right ON (June 05, 2009 5:32 pm ET)
                                                        4
                                                      This was what you thought Sessions' response would be to twenty year old, irrelevant, racist allegations; "Well, it made me feel -- first, that I felt it was -- I was unfairly treated and didn't get the chance to really fully answer questions, and the American people didn't get to hear my side of it."

                                                      And you stand on that as being fair to Sessions and your argument for that as being non-partisan?

                                                      Ah, ok, got it.
                                                      Report Abuse
                                                      • Author by Brabantio (June 05, 2009 5:41 pm ET)
                                                        3  
                                                        In response to the fact that there were charges of racist statements against him? Yes, that seems fair that he can say that he was treated unfairly and that people didn't get to hear his side of the matter. And it would actually seem to make a better background for the question he's asking, since Sotomayor has been accused of making a racist statement.

                                                        Why do you think that's not fair? Please be specific.
                                                        Report Abuse
                                                        • Author by right ON (June 05, 2009 5:45 pm ET)
                                                            4
                                                          So it's perfectly acceptable as a defense to just say you've been treated unfairly and you haven't had your say when someone accuses you of twenty year old racist statements? And you are asking me to be specific as to why that is not fair?

                                                          Argue with yourself, maybe you can convince yourself.

                                                          Report Abuse
                                                          • Author by Brabantio (June 05, 2009 5:48 pm ET)
                                                            3  
                                                            Yes, what is your basis for saying that is not fair? It was entirely relevant to the question he chose to ask.
                                                            Report Abuse
                                                  • Author by Brabantio (June 05, 2009 5:36 pm ET)
                                                    2  
                                                    Incidentally, isn't it sort of odd to claim that I want to see Sessions having to respond to such charges when I've made it more than clear that I don't care if the question was asked to begin with and any criticism of a lack of such background otherwise would be questionable? I really don't see how you can square that with being "partisan", but then you don't seem to be that interested in making cogent arguments.
                                                    Report Abuse
                                                    • Author by right ON (June 05, 2009 5:38 pm ET)
                                                        3
                                                      Exactly. Which is why I said you are basically arguing with yourself. I can't explain your odd behavior, sorry.
                                                      Report Abuse
                                                      • Author by Brabantio (June 05, 2009 5:46 pm ET)
                                                        1  
                                                        That didn't answer the question. You can't back up the charge of partisanship, so obviously you were just making baseless accusations.

                                                        I don't care if he asked the question or not. Since he did, he should be clear with the background of it. If he doesn't ask the question, I don't know that there's a need for the disclosure. If you can't dispute that, what more do you have to say?
                                                        Report Abuse
                                                        • Author by right ON (June 05, 2009 5:53 pm ET)
                                                            3
                                                          You brought up your own conundrum of arguing with yourself and called it odd. Finally, we agree. And you still argue? Pretty soon it will go from odd to bizarre. Careful.
                                                          Report Abuse
                                                          • Author by Brabantio (June 05, 2009 9:28 pm ET)
                                                            2  
                                                            No, I didn't. I brought up your points that I said Sessions' history was irrelevant, where I'm saying that I don't care if the question was asked at all, and that I want Sessions to be pressured on a question about racism. The two things are not compatible.

                                                            Are you capable of honest discussion at all? I have yet to see it.
                                                            Report Abuse
                                                    • Author by worrierking (June 06, 2009 9:19 pm ET)
                                                         
                                                      "I really don't see how you can square that with being "partisan", but then you don't seem to be that interested in making cogent arguments."

                                                      And his answer is "Exactly". Yet he continues to argue. You're a better man than me Brab, I'd have shot myself after the second or third nonsensical response from Right-Off.

                                                      Report Abuse
                                                      • Author by Brabantio (June 07, 2009 12:01 am ET)
                                                           
                                                        I don't own a gun.

                                                        Seriously, though, I'm quite experienced in dealing with people who make emotion-based arguments and lack the maturity to back off from them. It's almost as if Tommy never left, isn't it?
                                                        Report Abuse
                    • Author by right ON (June 05, 2009 3:18 pm ET)
                        5
                      And besides, Sessions and his supporters would greatly dispute your clarity about what actually happened, so there you have it. Retrying a twenty year old controversy is pointless, and not relevant to Sotomayor at all.
                      Report Abuse
                      • Author by vhw28672478 (June 05, 2009 3:20 pm ET)
                        3  
                        Session is a joke
                        Report Abuse
                        • Author by right ON (June 05, 2009 3:23 pm ET)
                            4
                          I don't disagree, I am no fan of his either. But that isn't the point.
                          Report Abuse
                      • Author by Brabantio (June 05, 2009 3:31 pm ET)
                        4  
                        Well, if his experience isn't relevant to Sotomayor at all, then you have a pre-packaged line of attack if MMfA were to criticize Hemmer for not bringing it up at all. And I might very well agree. So I don't see how that hypothetical is a basis for criticizing this item.

                        As for the opinion of Sessions and his supporters, I'm not sure what you think you're arguing. If someone accused him of making racist comments, then there were charges of racist comments. There's nothing to dispute about that with any amount of honesty.
                        Report Abuse
                        • Author by right ON (June 05, 2009 3:33 pm ET)
                            5
                          Bilbo brought it up and I responded to him. So you don't really need to think about what I am arguing about.
                          Report Abuse
                          • Author by Brabantio (June 05, 2009 3:38 pm ET)
                            4  
                            How did Bilbo bring up the reaction of Sessions and his supporters? I don't see how you're making an effort to address my points in good faith here.
                            Report Abuse
              • Author by KevinC (June 05, 2009 5:19 pm ET)
                1  
                'making racist comments' would be a conclusion, not a straight fact??
                I sounds to me that you are saying any comment deemed racist would require a conclusion and couldn't be determined as fact. Is this what you are saying?
                Please say it is not.
                Best.
                Report Abuse
          • Author by hisroyalmattness (June 06, 2009 1:52 pm ET)
               
            RightON see if someone mention his court nomination for disclosure they should include the facts on why he was not appointed a judge. Therefore, what Fox was doing was propaganda, plain and simple. Leaving out the main objection to why Sessions was not appointed is not disclosure it is revisionist history.
            Report Abuse
        • Author by mari2jj2970 (June 06, 2009 1:41 am ET)
             
          Even Sessions admits to his racism as a cause for his problems in his confirmation process. However, it seems he has changed and I credit him for that. Having lived in the South, the buckle for the Bible Belt even, I have come to see that people can change on the race issue. We in the North have to realize that racism is sort of built in to people from their earliest years. Anyone who can rise above that sort of experience has my praise. It has been wonderful to see Senator Sessions change and for the better also.
          Report Abuse
    • Author by shag11 (June 06, 2009 10:12 pm ET)
      1  
      Sessions is a lying backwards clown. I was in the military in Mississippi, in 1974. Joking about race, with the recent history of hatred, was something alot of rednecks did. There was nothing funny about it. Also, he's been againt the American auto bailouts, while he's taken money from foreign companies, allowing them to set-up shop in his state.
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