Shannon Bream on Ketanji Brown Jackson

CLAY: Ketanji Brown Jackson. You are right there now watching this hearing. Compare and contrast it with the Brett Kavanaugh hearing, please.

SHANNON BREAM: Oh, my goodness.

CLAY: (chuckling)

BREAM: It was a totally different world for many reasons. First of all, the general public is not allowed in the Capitol right now for these hearings. That makes it enormous — because when we were allowed in some of them would come with things hidden under their shirts or hats. They would jump up with posters and yell.

You guys, if you remember, from the very opening statement by then-chairman Grassley, he was interrupted numerous times and we thought, “Oh my goodness. This is not going to be a normal confirmation hearing,” and it was very jarring at the beginning because it happened so consistently and the Capitol Police, bless their hearts, fantastic men and women, they were taking protester after protester.

It was a constant strain, to the point that by the third day they were yelling and jumping up, and nobody even flinched. It had gotten so ridiculous, people were just talking. (laughing) This is a totally different situation. It’s much more calm and respectful, and I think a lot of that is because the public’s not allowed in.

CLAY: Is there any drama at all about whether or not she’s going to be confirmed, in your mind?

BREAM: I don’t think so, simply because the Democrats have the votes if they all stick together, and I imagine they will and probably get a couple of Republicans too. So we’re looking at this through the lens of the GOP trying to score points for the midterm. I think a lot of it is about that, the argument that Judge Jackson is soft on crime or that she’s going to be really progressive. I think it’s more about kind of trying to paint the Democrats with a certain philosophy and a far-left philosophy more than it is about the actual word on her.

BUCK: Shannon, it’s Buck. I’ve got to say, I think that one of the big differences between what their goal was with Kavanaugh versus what any kind of goal would be here, was that the Democrats believed if they could scuttle the Kavanaugh nomination, they would get a “more moderate,” which would mean more Democrat-leaning in decisions, justice to replace him.

Effectively the GOP would have been scared. Trump would’ve said, “Fine, we’ll give you Merrick Garland or someone like that.” At least that was their plan. Is it fair to say, if it wasn’t Ketanji Brown Jackson — and I’ve said I think she’ll get four or five GOP votes, in addition to all the Democrat votes.

BREAM: Mmm-hmm.

BUCK: If it wasn’t her, it would be someone with a similar judicial philosophy. There’s no chance that the Senate Democrats and Judiciary Committee — I’m sorry, there’s no chance that Biden, rather — would put someone forward who wouldn’t be along the lines of a leftist and an activist on the court. Am I misreading this?

BREAM: Listen, he’s definitely going to choose, as the president, somebody that he feels would rule in the way and share the philosophy that he has about the law and interpreting the law and interpreting the Constitution and statutes and taxes and all that kind of thing. But I’ve got to tell you, there’s some reaction from the far left who are not thrilled from her answers today because she’s saying things like: “Here’s what I do.

“I try to be neutral; I go read the text and I go back to the original people who wrote the text.” What did they mean at the time they wrote it. That doesn’t sound like a super far-left progressive situation where the Constitution is living and breathing, I’m going to interpret it. She specifically said, “I would not interpret statutes of the Constitution based on my own personal policy preferences or the policy preferences of the day.”

So she’s saying all the things that you would need to say to get Republican votes. But there’s some on the left feeling like, “Wait a minute, we wish President Biden had gone further left. She sounds a little too mainstream and reasonable compared to what we thought we were going to get.”

CLAY: Shannon, she said or she was asked during questioning about saying that George Bush, W. Bush, I believe, was a war criminal, and said, “Oh, I didn’t intend to offend him.” Did that register any significant impact, in your mind?

BREAM: Yeah, I was actually out of the room when that happened. But as the hearing just restarted with Senator Dick Durbin, the Democrat who runs — the chairman of — the committee, he was bringing in some materials saying that he wanted the context of what she had said. So I think you’re probably going to hear more about that this afternoon. And she’s going to want to… After that quick break, she’s going to want to readdress that, I think, and give people a more definitive answer on that.

CLAY: Outstanding stuff as always, Shannon. We appreciate you making the time. We know you have to watch all that hearing, and looking forward to watch you on Fox News as well.

BREAM: Can I ask a question? I want to know how Buck’s bracket is doing.

BUCK: Uh-oh!

CLAY: Oh, that’s a fantastic question.

BUCK: Uh-oh!

CLAY: Who did you pick, Shannon? Liberty wasn’t in it.

BREAM: I know.

CLAY: You guys had the fantastic uniform reveal.

BREAM: Ohhh, the best uniform reveal ever.

CLAY: Yes.

BREAM: Sheldon will tell you, my husband, when I have to make a decision about sports a lot of times I go to the, quote, “costumes,” and then I decide based on what they’re wearing.

BUCK: Shannon, I’ll tell you this. Mr. Fancy sports know-it-all man, Travis’ top topic, is already out, and my own Villanova… What’s the mascot, Clay?

CLAY: Wildcats.

BUCK: Thank you, my own Villanova Wildcats, that I love so much, are still in it, Shannon. So there you go.

CLAY: He may end up beating me. He may end up beating me, Shannon. So it is a mess.

BREAM: (laughing) Thanks guys.

CLAY: That’s Shannon Bream, does great work as the Ketanji Brown Jackson hearing continues with the Senate Judiciary Committee hearing.