Senator Kennedy on the Release of White House Documents for Roberts Hearings

“The White House knows that their position on the Deputy Solicitor General papers is not sustainable for a position as important as the Supreme Court of the United States. This is a lifetime nomination to be one of nine people who literally make life or death decisions for all of us. Judge Roberts was a political appointee deciding policy matters at the Justice Department, and the White House certainly knew when they selected him that his decisions and opinions in that office would be vital for Senators to perform their constitutional duty during his confirmation process.

In my 42 years on the Judiciary committee, we have received many internal Justice Department documents as least at sensitive as these, even for confirmation proceedings that don’t come close to the importance of a Supreme Court appointment. There is no privilege, there is no rule, and there is no logic that would bar us from getting these documents, and we need them to determine on behalf of the American people whether this nominee should be placed on the nation’s highest court.

We have four weeks to examine John Roberts record, and for the White House to set up a confrontation is counterproductive to proceeding on this nomination in a dignified manner. Instead of midnight press releases and staged photo-ops with thousands of very old documents that will not give the Senate much insight into John Roberts’ more recent views and record as a high federal official, the White House should acknowledge the importance of this process and agree to provide the vital information we need. The White House probably knew what was in these papers when they selected him, or now knows what they contain. The United States Senate and the American people also are entitled to know what the White House knows about John Roberts.”

–Crystal Patterson