>>> IT'S STRANGE, SCARY AND SHOCKING THAT THIS MINDSET IS ON THE UNITED STATES SUPREME COURT. IT SHOWS THE NEED FOR LEADERSHIP BY THE CHIEF JUSTICE. >> SENATOR BLUMENTHAL DISCUSSING THESE LATEST REVELATIONS ABOUT JUSTICE SAMUEL ALITO'S JUDGMENT ETHICS, AND SOME OF THE WAY HE HAS APPARENTLY BEEN MISLEADING TO THE GOVERNMENT ABOUT HIS OWN RECENT CONDUCT. TONIGHT, SENATE DEMOCRATS, THOUGH, ARE GOING ON OFFENSE. I HAVE MENTIONED THIS BILL. TONIGHT THEY'RE TRYING TO GET A VOTE ON AN ETHICS BILL, WHICH WOULD PROVIDE A MORE MINDING VOTE, INCLUDING A NEW INVESTIGATING MECHANISM, SO VIOLATION OF ETHICS RULES WOULD BE DEALT WITH RATHER THAN ALLOWING JUSTICES TO POLICE THEMSELVES WHICH IS CLEARLY FAILING. YOU CAN SEE THE BILL IS UNDER DEBATE RIGHT NOW ON THE SENATE FLOOR. YOU CAN SEE DEMOCRATIC SENATOR WELSH THERE, MAKING HIS ARGUMENT THAT DEMOCRATS ARE LARGELY ALIGNED ON THIS ISSUE, THE MAJORITY OF THE CAUCUS HAS COSPONSORED THE ETHICS BILL. ALL OF THIS COMES AGAINST THE BOMB SHELL COMMENTS THAT ALITO MADE, SECRETLY RECORDED BY AN ACTIVIST, LAUREN WINDSOR. IN THAT TAPE, ALITO TALKS ABOUT MANY THINGS. WE COVERED SOME OF THAT. HE GOES AFTER AN INVESTIGATIVE OUTLET, PRO PUBLICA THAT HAS BEEN REPORTING FACTS. I WANT TO BE CLEAR, WHAT PRO PUBLICA HAS DONE IS REVEAL THINGS ABOUT GIFTS AND HIDDEN ACTIVITIES THAT JUSTICE THOMAS AND OTHERS HAVE HAD TO ACKNOWLEDGE. LAVISH GIFTS AND MILLIONS OF DOLLARS IN GIFTS. HERE'S ONE OF THE RECORDINGS. >> I JUST WANTED TO ASK YOU WHY DO YOU THINK THE SUPREME COURT IS SO -- IS BEING SO ATTACKED AND BEING SO TARGETED BY THE MEDIA THESE DAYS? >> I THINK IT'S A SIMPLE REASON, THEY DON'T LIKE OUR DECISIONS AND THEY DON'T LIKE HOW THEY ANTICIPATE WE MAY DECIDE SOME CASES. AND THERE ARE, I MEAN, THERE ARE GROUPS THAT ARE VERY WELL FUNDED BY IDEOLOGICAL GROUPS THAT HAVE SPEARHEADED THESE ATTACKS. PRO PUBLICA GETS A LOT OF, YOU KNOW, GETS A LOT OF MONEY, AND THEY HAVE SPENT A FORTUNE INVESTIGATING CLARENCE THOMAS FOR EXAMPLE. YOU KNOW, EVERYTHING HE'S EVER DONE IN HIS ENTIRE LIFE, AND THEY'VE DONE SOME OF THAT TO ME TOO. >> JUSTICE ALITO'S APPARENTLY UNVARNISHED THOUGHTS. THERE ARE GROUPS THAT SPEND MONEY ON THE LEFT, RIGHT, AND ACROSS THE SPECTRUM DEALING WITH LEGAL ISSUES IN THE SUPREME COURT. SOME OF THE KEY EXPOSES HERE HAVE UNCOVERED FACTS, FACTS THAT WERE HIDDEN FOR JUSTICE THOMAS. WINDSOR APPROACHES CONSERVATIVES AND PRETENDING TO BE AN ALLY, AND SECRETLY RECORDS THE COMMENTS. THAT'S THE CONTEXT FOR WHAT YOU'RE HEARING. THE GROWING CRISIS OF CONFIDENCE ALSO HIGHLIGHTING A LOT OF PROBLEMS FOR REPUBLICANS. TODAY, REPUBLICAN SENATORS SAID THAT WHAT ARE BASIC TERMS HERE. THOMAS TOOK MILLIONS OF DOLLARS, SOME OF IT IN SECRET. MEMBERS OF CONGRESS WOULD BE IN A LOT OF TROUBLE FOR SECRETLY DOING THAT, AND YET NOW, IN AN EFFORT TO DEFEND ANYTHING ON THE COURT, REPUBLICAN SENATORS ARE SAYING THIS WOULD INTERFERE TO HAVE BASIC ETHICS RULES. >> I THINK IT'S A CAMPAIGN OF HARASSMENT AGAINST THE SUPREME COURT IN ORDER TO TRY TO UNDERMINE PUBLIC CONFIDENCE, AND I THINK IT'S DANGEROUS, FRANKLY. >> IT'S ABSURD, AND TO THREATEN FUNDING, I MEAN, REMEMBER, THEY'RE AN INDEPENDENT BRANCH OF GOVERNMENT. I MEAN THEY HAVE A TERM. >> THIS IS UNCONSTITUTIONAL OVERREACH, THIS WOULD UNDERMINE THE COURT'S ABILITY TO OPERATE EFFECTIVELY, AND IT'S BEEN A CONTINUED EFFORT BY OUR FRIENDS ON THE DEMOCRATIC SIDE TO UNDERMINE A COURT THEY DON'T LIKE. >> NOW, THERE ARE A LOT OF DEBATES ABOUT THIS SUPREME COURT. AND IT IS CERTAINLY TRUE THAT DEMOCRATS IN THE SENATE, AND WRIT LARGE HAVE BEEN VERY CRITICAL OF THE COURT'S DECISIONS, BUT THE BILL TONIGHT IS NOT ABOUT PUNISHING OR LET ALONE TRYING TO REVERSE DECISIONS WHICH CONGRESS CANNOT DO. IT IS A VERY STRAIGHTFORWARD BILL TO MANDATE SOME ETHICS IN THE FACE OF THESE ETHICS VIOLATIONS, AND IT IS STRIKING TO SEE THE PARTY OF SO CALLED LIMITED GOVERNMENT, THE REPUBLICANS, NOT ONLY OPPOSE THAT, BUT APPARENTLY, AND AGAIN, WE'RE COVERING THIS AS IT HAPPENS, POTENTIALLY FILIBUSTER IT SO THERE CAN'T BE A VOTE IN THE UNITED STATES ABOUT WHETHER OR NOT THE PUBLIC, THROUGH THEIR REPRESENTATIVES WANT TO HAVE BINDING ETHICS ON OUR SUPREME COURT. WE MENTIONED PRO PUBLICA, WE HAVE A SPECIAL GUEST TONIGHT, PRO PUBLICA REPORTER, JUSTIN ELLIOT WHO HAS BEEN EXTENSIVELY REPORTING ON THE SUPREME COURT ON THESE ISSUES. THANKS FOR BEING HERE, JUSTIN. >> THANKS FOR HAVING ME. >> FIRST, GIVEN THE COMMENTS FROM JUSTICE ALITO, ANY RESPONSE FROM YOU? >> YEAH, I MEAN, CANDIDLY, I FOUND IT SURPRISING BECAUSE WHAT HE'S SAYING, THE ALLEGATION THAT OUR REPORTING SPECIFICALLY WAS IDEALOGICALLY MOTIVATED BECAUSE WE DIDN'T LIKE THE COURT'S DECISIONS IS JUST SPECULATION, SURPRISING COMING FROM A SUPREME COURT JUSTICE BECAUSE IT'S BASED ON NO FACTS. I AND A COUPLE OF MY COLLEAGUES DID THE REPORTING. IT STARTED ORGANICALLY, WE WERE LOOKING AT THE TRAVEL PRACTICES ORIGINALLY OF ALL OF THE SUPREME COURT JUSTICES. WE LOOKED VERY HARD AT SOME OF THE DEMOCRATIC APPOINTED JUSTICES AND WE SIMPLY HAVEN'T FOUND, YOU KNOW, EXAMPLES OF LIKE GEORGE SOROS FUNDING THE LIFE OF ELENA KAGAN OR SOMETHING LIKE THAT. THERE'S NO EVIDENCE THAT ANYTHING LIKE THAT HAS HAPPENED AT THIS POINT. WHAT WE FOUND IS JUST THOMAS AND ALITO WERE OUTLIERS. >> THAT'S AN IMPORTANT POINT YOU'RE MAKING. WHAT HE SAID THERE WAS AN ASSERTION. HE WAS ASSERTING THIS WAS SOLELY TARGETED AT HIM AND JUSTICE THOMAS. YOU'RE REPORTING ON THE RECORD THAT THAT'S FALSE. YOU LOOKED AT ALL THE JUSTICES AND LOOKING AT AGAIN, THANKS TO YOUR REPORTING, WE'LL PUT UP THE THOMAS CHART. PEOPLE CAN TAKE IN THE FACTS THEMSELVES. IT WOULD LOOK LIKE THE TYPE OF MONEY THOMAS IS TAKING, SOMETIMES DWARFING HIS SALARY WOULD BE THE ISSUE THAT WOULD ENGENDER MORE COVERAGE FOR HIM. GO AHEAD TO THE POINT YOU WERE MAKING. >> AGAIN, HOW THIS STARTED, AGAIN, I'M THE ONE THAT DID IT WITH MY COLLEAGUES IS WE HAD A STACK OF U.S. MARSHALS DOCUMENTS THAT WERE HIGHLY REDACTED, DETAILING THE TRAVEL OF JUSTICES AND WE STARTED PICKING OUT REFERENCES TO PRIVATE JETS. DIDN'T HAVE THE JUSTICES NAMES THERE. WE DIDN'T KNOW WHO WE WERE LOOKING AT. THROUGH MONTHS OF REPORTING, WE WERE ABLE TO PIECE TOGETHER STORIES, THAT JUSTICE THOMAS WAS HAVING HARLAN CROW PAY FOR LUXURY VACATIONS, PRIVATE JETS AND THE LIKE, AND HARLAN CROW WAS PAYING PRIVATE SCHOOL TUITION FOR JUSTICE THOMAS'S RELATIVE THAT HE WAS RAISING AS A SON. IF WE FOUND DURING THAT REPORTING OR IF WE FOUND NOW AGAIN THAT THERE WAS SOME LIBERAL BILLIONAIRE DOING SOME THINGS SIMILAR FOR JUSTICE SOTOMAYOR, WE WOULD BE HAPPY TO REPORT THAT, AND IF ANYONE OUT THERE HAS ANY INFORMATION, YOU CAN FIND MY CONTACT INFO VERY EASILY ON OUR STORIES. THAT'S THE FIRST THING I WOULD SAY. JUSTICE ALITO SAID PRO PUBLICA HAD SPENT A FORTUNE ON THIS. AND I GUESS THE DEFINITION OF THAT TERM IS DEBATABLE. WE'RE TALKING ABOUT THE SALARY OF A FEW REPORTERS AND TRAVEL EXPENSES, SO, YOU KNOW, WE WERE JUST, THE TOOLS FOR THIS WORK ARE A TELEPHONE AND A COMPUTER. >> YEAH, ALL VERY INTERESTING TO GET YOU ON THE RECORD FOR THAT. WE'RE LOOKING AT LIVE IMAGES ON THE SENATE FLOOR, WITH SENATOR COONS SPEAKING. I MENTIONED THIS HAS POLITICAL OVERTONES. TO COVER THE SUPREME COURT, THERE'S A STRONG SET OF REACTIONS, POLITICAL, IDEOLOGICAL, YOU COULD SAY THEY'RE ABOUT RIGHTS. PEOPLE CARE ABOUT THOSE REASONS. THE ETHICS PACKAGE HAS A BIT MORE OVERSIGHT THAT NIGHT THE CURRENT ZERO OVERSIGHT. NOBODY CAN DO ANYTHING ABOUT THIS UNLESS CONGRESS CHANGES IT. YOUR VIEW ON HOW WE GOT TO THIS POINT AND WHAT IT MEANS TO HAVE REPUBLICANS BLOCKING POTENTIALLY A VOTE ON SUCH A BASIC MEASURE TONIGHT, 6:30, 4:00 P.M. IN THE D.C. SENATE, AND THEY'RE STILL GOING. >> YEAH, I MEAN, THE CONTEXT HERE, AND I WAS SURPRISED TO LEARN THIS, WHEN I GOT INTO THIS REPORTING LAST YEAR IS THAT THE SUPREME COURT PARADOXICALLY, GIVEN THAT IT'S, YOU KNOW, ONE OF THE MOST POWERFUL BODIES IN OUR GOVERNMENT HAS VERY FEW BINDING ETHICS RULES. I CAN'T TELL YOU HOW MANY CALLS I GOT FROM ORDINARY FEDERAL GOVERNMENT WORKERS AFTER WE DID THIS REPORTING SAYING, YOU KNOW, THEY CAN'T TAKE LIKE A $50 LUNCH OR T-SHIRT OR SOMETHING LIKE THAT, AND SUPREME COURT JUSTS -- JUSTICES WERE TAKING POTENTIALLY MILLIONS OF DOLLARS OF TRAVEL AND OTHER GIFTS, INCLUDING, BY THE WAY, IN JUSTICE ALITO'S CASE, TRAVEL FROM A HEDGE FUND BILLIONAIRE WHOSE HEDGE FUND HAD CASES THAT JUSTICE ALITO DID NOT RECUSE HIMSELF FROM. THIS SORT OF THING WOULD NOT BE ALLOWED FOR ORDINARY WORKERS IN THE FEDERAL GOVERNMENT, EVEN CONGRESS, YOU KNOW, NOT KNOWN AS NECESSARILY A PARAGON OF ETHICS HAS MUCH STRICTER RULES THAN THE COURT. THAT'S THE CONTEXT PEOPLE CAN DISAGREE ABOUT WHETHER THERE SHOULD BE STRICTER RULES. THE BILL WOULD BE IMPOSED SOMEWHAT MODESTLY TIGHTER RULES. I DON'T THINK YOU'RE GOING TO SEE THIS BECOME LAW ANYTIME SOON. BUT, YOU KNOW, WE'LL SEE. >> AND WE'RE CHARTING