SEAN HANNITY (HOST): Mitch McConnell citing the Biden rule, then Senator Biden of the Senate Judiciary Committee said “President Bush should consider the practice of the majority of his predecessors and not name a nominee until after the November election is completed and if the president were to go ahead, a process already endowed, many of us should, all the Senate consideration distrusted by the Senate that they shouldn't go forward?”
PETER JOHNSON JR.: Right.
HANNITY: So why should the Republicans act any different than --
PETER JOHNSON JR.: No no, the Democrats would act the same way if they were in the same position, because it's a political determination. Listen, President Obama wants everyone to believe that somehow the Senate has an absolute duty that once he makes a nomination, they must advise and consent under Article II Section II Clause II of the United States Constitution. Now, they have the power to do so, but there is no mandate that they do so. And so the president is saying well I have a constitutional duty to nominate. And you have a constitutional duty that you must advise and consent. No. No. No. No. Under the Constitution, the Senate and the House have the right to make their own rules. And if they decide not to take up the nomination, and advise and consent President Obama, then, the nomination goes nowhere.
