VAN SUSTEREN: Hello and welcome to BURDEN OF PROOF.
Roger is off today.
For much of the past four decades, Pat Buchanan has been part of
the old guard of the GOP's conservative ranks. But last October,
he broke ranks and left his Republican past and fled to the Reform
Party. Buchanan is vying for the presidential nomination and is
suing to gain access to this fall's debates.
Pat Buchanan joins us today here in our studio. And also joining
him in the front row are Marilyn Martin (ph) and Laurie Thibodeau
(ph). And in our back row, Stephanie Inks (ph) and David Sirolly
(ph).
Pat, you have filed a lawsuit, which in essence you want to get on
the schedule to do the debates in October. Why aren't you on that
debate schedule now?
PAT BUCHANAN (REF.), PRESIDENTIAL CANDIDATE:
Well, the reason we're not is the Presidential Debate Commission,
which is dominated completely by Republicans and Democrats,
when I joined the Reform Party suddenly added a new criterion to
get into the debates, you have to reach 15 percent in five polls
taken by good friends of mine at NBC and CBS and the
"Washington Post." And this was arbitrary and capricious.
And what we argue it is, Greta, is basically is a two-party
conspiracy to keep the third recognized party out of the event that
is going to decide the presidency of the United States. It is unfair, it
is unjust, it is illegitimate, and we believe it is illegal.
VAN SUSTEREN: When did this 15 percent rule come into
effect. Was it really after you left the Republican Party and joined
the Reform Party?
BUCHANAN: Yeah, it didn't even exist. All you had to do to get
into the presidential debates before was, you got to be on the ballot
in enough states to win, you got to be 35 of course, you have got to
be a recognized national party, which Reform is. And you got to
qualify for federal funds, which we've done.
So we had all the qualifications, but as soon as I moved to the
Reform Party, immediately the debate commission met and
imposed this new criterion, quite simply, just to keep us out.
Now they are funded. The Presidential Debate Commission gets a
million dollars in funds from corporations, soft money, and they
take tax deductions for that because it is supposed to be
nonpartisan. But this isn't nonpartisan, it is bipartisan, and it makes
a whale of a difference to us when we are the third party.
VAN SUSTEREN: Let me be a little bit flip, is it safe to say that
everyone thinks you are important enough to give you federal
funds, taxpayer money to be in the election, but just you are not
important enough to make the debates; is that what it is?
BUCHANAN: That is really, when you get right down to it, Greta,
what Mr. Fahrenkopf (ph), who is a lobbyist for gamblers and
heads the commission, is saying is, even though Mr. Buchanan and
the Reform Party qualify for taxpayers' dollars, we don't think the
taxpayers ought to see his ideas and issues in those debates. So we
are going to keep him out.
VAN SUSTEREN: ... Pat, let me go back to your lawsuit. Where did you file it?
BUCHANAN: We are going to file it in federal court. I don't know
if we have yet. We want to get the final, formal rejection from the
Federal Election Commission, which was unanimous. But, again,
that is entirely Republican and Democrat.
I'm not sure where they're going to file it, Greta.
VAN SUSTEREN: What have the Gore and Bush ticket said?
BUCHANAN: We have not gotten a response from either of them
yet formally, whether they're even going to debate, I understand
Mr. Bush. I think they're just waiting.
What's going to happen here, Greta, is I think you are going to have
a firestorm of protests that Pat Buchanan and Ralph Nader be
included. A national poll showed that 64 percent of the American
people wanted Buchanan and Nader in the debates, 25 percent
were opposed. And when the country wants that, and really many
journalists, liberal and conservative and Democrat and Republican,
they agree we ought to be in the debates, I think the two-party
monopoly, that cartel is going to have a hard time keeping us out.
VAN SUSTEREN: And so 64 percent of the people want you in
the debate. But tell me if I'm correct that, right now, that you have
about a little bit less than five percent of the voters behind you, in
terms of being president.
BUCHANAN: Well, some polls show us now moving back up to
six percent, and we hope, after I get the nomination and we run
hard, to get back into double-digits before the deadline, before the
cutoff poll. But that is an enormously difficult, almost impossible
task. Jesse Ventura had only 10 percent when they let him into the
debates. Ross Perot, in '92, had seven percent. They let him into
the debates and he got 19 percent. The debates are where the
people decide who they want as president.
We don't want -- the Republicans and Democrats telling us we
can't see people who are running for president. That is just putting
a mortal lock and. frankly. a conspiracy to control the presidency
forever.
VAN SUSTEREN: One of the arguments that you make in your
court filing, which I don't know if it's been filed yet or not, is that
you have a certain percentage, maybe a little bit more than five
percent -- I don't know what it is -- of the American vote now, but
that you believe that after the debates that you would persuade
enough Americans so that you would hit that 15 percent threshold.
Why do you think that?
BUCHANAN: Well, I not only think we would hit 15 percent, I
think we can turn it into three-way race. As I said, Ross Perot
went up from seven points, almost tripled his support, to 19 percent,
by being in those three debates.
I believe we have a different agenda than the other Democrats.
We are going to talk about the Supreme Court. I will name justices
just like Antonin Scalia to the United States Supreme Court. Gore
accuses Bush of doing it, and Bush won't say anything. I'll do that.
I'll bring those troops home from Kosovo and Bosnia. I will give
America a new trade policy that puts our workers and families and
our national economic independence first.
VAN SUSTEREN: And you think that will lift it to go past the 15
percent, if that is sort of the magic number?
BUCHANAN: What you will get is -- I think you will get is two
boring candidates, basically, who are driven by polls and focus
groups and consultants, trying to say the same thing. And you have
Pat Buchanan saying something dramatically different, and
America first foreign and trade policy, and we will be bringing
them out of their chairs at that convention hall, and they will be
scalping tickets to that debate.
VAN SUSTEREN: ...
The next president of the United States could end up nominating
several justices to the U.S. Supreme Court. The potential for a
vastly changing face on the court puts more legal emphasis on this
year's presidential and congressional elections.
Pat, how important do you think it should be to the American
people who's in the White House, in light of the fact that the
Supreme Court may have so many vacancies?
BUCHANAN: I think the Supreme Court is the most powerful
institution of government, in terms of determining how you and I
live, Greta. It has usurped enormous amounts of power and
authority from states and from the Congress of the United States.
I would put the U.S. Supreme Court and the probable vacancies as
the most important domestic issue that will be decided in the
presidential election in the year 2000. On this one, I agree with Al
Gore. I mean, he says it's the most important issue or right up
there. I agree 100 percent.
VAN SUSTEREN: And if you were elected president, who would
be your model justice?
BUCHANAN: My model justice, obviously, would be Antonin
Scalia.
VAN SUSTEREN: Why?
BUCHANAN: I think Clarence Thomas has done a good job. I
think Chief Justice Rehnquist has. I think Scalia is intellectual. He
is tough. He has got a deep, moral grounding. He has an
understanding of the Constitution. He writes beautifully, and he has
courage. And that's what we need.
And frankly, I've got a couple of people in mind, myself, whom I
would consider for the Supreme Court. And as I'm going to say, in
a Buchanan White House, no liberal judicial activists need apply.
VAN SUSTEREN: All right, before I get to the names, let's talk
about activism.
BUCHANAN: You are not going to make it, Greta. You are not
going to make it.
VAN SUSTEREN: I am not -- I thought I was on your short list.
But let me talk about the activism. I mean, that is actually sort of --
that is a comment that we lawyers oftentimes make about judges
we don't like. Take Justice Scalia, he does not consider himself an
activist, and neither do the Republicans. But the truth is when it
comes to creating, inventing exceptions to the Fourth Amendment
to the Constitution, Justice Scalia is one of our greatest writer, one
of our greatest inventors, one of our greatest activist justices. Why
isn't that bad?
BUCHANAN: Well, here is what, I think Scalia is an original
intent man in the Constitution. In other words, he's a justice who
has the courage to take a look at a precedent put down by Warren
and Brennan and that group, or a precedent in the 1970s, to look at
it and say: This precedent does not conform to the Constitution, and
we will overturn it, that decision, and we will go to the original
Constitution intent.
Now that kind of judicial activism, which I think is constitutionalism,
I agree with. As a matter of fact, I would not appoint justices who
did not have the courage, for example, to overturn Roe v. Wade.
VAN SUSTEREN: Let me take that one step further, when you
talk about the Fourth Amendment and these exceptions that Justice
Scalia and other conservative justices have created, those that I
consider activism. The original intent, when the Constitution was
created and the amendments, was to keep the British outside of
people's homes without warrant. That was the original intent. If
Scalia is going to be a strict constructionist, the last thing he is
going to do is create these exceptions that he has.
BUCHANAN: Well, look, I'm not sure exactly which of his
decisions you are referring to right now. But I believe that the
Supreme Court -- let's take the case in South Carolina of the
Citadel: 150-year tradition, all-male cadet corps, everybody in the
Citadel, parents, faculty, alumni, women, wives, everyone
supported it, in South Carolina supported it. And the Supreme
Court overturned it and said it's got to be sexually integrated.
Now, we didn't pass the Equal Rights Amendment. If we had, I'd
understand that. And so I think that's judicial activism.
And what I would like to see is a justice who is a conservative and
a constitutionalist who would say VMI and the Citadel can do what
they darn well please when it comes to single-sex schools, just as
Smith College can. That may be judicial activism in overturning
liberal precedents. Those are the kinds of justices we want.
VAN SUSTEREN: And I may have broadly spoken when I said
that Justice Scalia invented them, he has endorsed many of these
exceptions to the warrant requirement in the Fourth Amendment.
Let me just change gears a little bit. Give me an idea, do you have
a short list? I mean, who are the types of people that would be at
least on your list?
BUCHANAN: There is one individual I know, it is Mike Luttig on
the Fourth Circuit. I think he is a 10-year appointee. He was a
Bush appointee. He is a bright, courageous, young, energetic,
conservative, and a traditionalist. And he is someone I would look
at.
I would look at Judge Moore down there in Alabama if he goes on
the Alabama Supreme Court, which he's running for. He stood up
and said: Look, we're not going to take down the 10
Commandments. I don't care what that court said over there in
wherever it was, Montgomery. He is someone I would certainly
look at.
I would go to these judicial -- the bench and see individuals with
records. Then I would bring them into the White House. You know
how I would question them? I would say: What did you think of
Plessy v. Ferguson, was that wrongly decided? Why was Brown v.
The Board of Education, was that wrongly decided?
VAN SUSTEREN: What is the answer? What is the answer you
are looking for?
BUCHANAN: What I want to know is, are they willing to tell me
why that was wrong or right. And secondly, would you be willing
to overturn one of these decisions, if you felt it was wrongly decide
20 or 30 years ago?
VAN SUSTEREN: And of course, Brown v. Board of Education
overruled Plessy versus Ferguson, which stood for the...
BUCHANAN: But I want to know what their thinking is, what
they are willing to overturn. Those are legitimate questions for a
president.
You and I know when Abe Lincoln brought in those justices, he
said: What did you think of Dred Scott, fella? And if the guy didn't
want to overturn it, he wouldn't have been on the Supreme Court.
And I think that kind of strong president is what we need. You
know, Jefferson himself took the Alien and Sedition Acts, which
were passed legally, approved by the court, sent people to jail,
threw them all out, let everybody out of jail, and said the president's
got a right to interpret the Constitution of the United States.
We need a strong president. The Supreme Court should not be
deciding the things it's deciding for the American people, legislators
and executives should, and I think Antonin Scalia agrees with me.
VAN SUSTEREN: Who do you think is a Supreme Court justice
on the bench you would like to see leave?
BUCHANAN: There's a number of them whom I'd buy houses for
and retirement centers and I would name buildings for them if they
would please get out.
VAN SUSTEREN: Who do you think are the justices we should
see go?
BUCHANAN: Let me tell you a story, I was in the Oval Office
with Gerald Ford, January 1, 1976, when he said: John Paul
Stevens is just the kind of guy I'm going to appoint. I think he got
100 percent approval in the Senate. I left that room and endorsed
Ronald Reagan. I think Justice Stevens has been a disaster, from
the point of view of constitutionalism. I think Mr. Souter has been a
profound disappointment.
Republicans 97-3 voted for Ruth Bader Ginsburg. That is beyond
me. She did not disguise the fact that she was an ACLU activist
who believed that judges, if state legislatures fail, judges should
step in and do the job. Why did they vote for her? What is the
matter with this Republican Party? That's why I'm a Reformer.
VAN SUSTEREN: Reform Party presidential candidate Pat
Buchanan joins us today. The Reform Party's national convention
is slated for August 10 in Long Beach, California. And one of our
panelists, Marilyn Martin (ph), has a question for you, Pat.
UNIDENTIFIED FEMALE: Mr. Buchanan, yes, the issue of tort
reform has seemed to somewhat diminish recently on our list of
priorities. And how do you feel? Is that a pertinent issue to our
country? And as president, what do you feel is the best way to
implement change in the civil justice system?
BUCHANAN: Well, I agree with tort reform. What was the
discussion we just got on General Motors? How much was it, $124
billion?
VAN SUSTEREN: As soon as you answer her question, how bad
are you in this?
BUCHANAN: But it seemed to me that that's absurd, frankly.
And I do agree with a measure of tort reform where, obviously,
you get your compensatory damages, and I would take a look at
what you could do in terms of punitive damages. But the idea of a
hundred and -- that you give a jury a right to destroy a company
which, after all, belongs to its shareholders is preposterous. I think
that's the theft of private property and I don't think you can allow
them to do that.
VAN SUSTEREN: But you know what, but let me talk to you
about that, Pat. First of all, is that everyone talks about states'
rights in the Republican Party, and you were...
BUCHANAN: You don't have a conflict of interest here do you,
Greta?
VAN SUSTEREN: No, no, no, no, and I did this work. You know I
did this work. But you talk about states' rights. National tort reform
takes it away from states, and that was typically a Republican,
maybe a Reform Party issue.
BUCHANAN: Right.
VAN SUSTEREN: Secondly, the issue of the damages: We read
about the huge damage victories -- verdicts because they're
sensational and the media picks up on the sensational. And finally,
when are people going to realize that every single judge who
presides over a civil case has the authority to reduce the verdict if
the judge who sits through the evidence thinks it's too high?
BUCHANAN: OK, those are very good -- that's a very good
point, but look: The federal government would have an interest -- if
you've got General Motors, or let's take Microsoft, you're talking
about a strategic national asset. So I think there is a national
interest.
On the federal judges, you're right. I do believe this: I believe we
should set term limits on all federal judges of eight years, and they
would have to be reconfirmed by the Congress of the United
States to make sure that good judges continue to serve. But some
of these people, quite frankly, who fail in their jobs ought to be held
accountable and be removed. My problem...
VAN SUSTEREN: We'd have to change the Constitution for that.
BUCHANAN: No, no, not for the federal judiciary below the
Supreme Court. You can't do that with a Supreme Court justice
without changing the Constitution. But as you know, the federal
courts are the creation of Congress. Put term limits, and, frankly, I
would go for recall of federal judges in the federal district. And if
judges are going to make decisions and impose them, then the
people ought to have some recourse. You believe in small-D
democracy. You don't believe in a rule of judges or a rule of kings,
Greta. You'd probably be all for that.
VAN SUSTEREN: All right, let's let Laurie Thibodeau (ph) ask
you a question. Go ahead, Laurie.
UNIDENTIFIED FEMALE: Mr. Buchanan, hello.
BUCHANAN: Hi.
UNIDENTIFIED FEMALE: In what ways has developing
technology, specifically the Internet, impacted the electoral process
and your campaign?
BUCHANAN: Well, the Internet has become an extraordinary,
powerful tool of communication for candidates, especially
grassroots candidates like me. And, frankly, it is becoming a way
that, eventually, I think might replace direct mail. You know, I raise
all my money, virtually, by sending out tremendous mailing lists.
And if you can just put something on the Internet, I think John
McCain was more successful than anyone, and you can
communicate.
The good thing about the Internet is it is small-D democracy and,
frankly, you know, the big media doesn't like us -- I mean, CBS,
NBC, they don't cover us. But on the Internet, our people can
communicate with one another. It's like talk radio, which was
small-D democracy where the people can get involved in making
their own news and participating. I think it's a very, very healthy
thing, this -- the Internet and -- but there's got to be some little
regulation about pornography and things like that, you know, and
these guys using it to pick up little kids and stuff.
VAN SUSTEREN: Pat, this is the anniversary of the Americans
With Disabilities Act. It's about 10 years old, I think.
BUCHANAN: Right, ADA.
VAN SUSTEREN: ADA. What's your view on the ADA?
BUCHANAN: My view on the ADA? It's one of the reasons I
ran against Mr. Bush, is I favored the ADA, but he let it go too far.
And I know the story of the woman that came into a movie
theater, about 400 pounds. They didn't have a seat for her so she
complained under the ADA, and she owns the theater now. I
mean, she sued them. And that was preposterous. There are things
with regard to ADA I would have supported. By and large, my
view, though, is this, Greta: The American people are a good
people. They don't discriminate and brutalize against people who
are handicapped. I think a lot of good has been done by ADA, but
some harm. And, again, Congress should have gone back and
defined it far better than it did.
VAN SUSTEREN: But, you know, Pat -- and, of course, I'm going
to get the last word on this because we don't have much time left...
BUCHANAN: Sure.
VAN SUSTEREN: ... but the truth is that many of these cases go
to juries and the American people make judgments about what they
think is fair, which is essentially so important.
BUCHANAN: Yes, but it is -- it should be the law as written.
And, frankly, with regard to small businesses, very small, they're
not in interstate commerce. Let the states deal with small
businesses.
VAN SUSTEREN: Which is states' rights, and that goes back to
torts again.
BUCHANAN: States' rights. But General Motors...
VAN SUSTEREN: That's why no national tort reform.
BUCHANAN: Well, General Motors is interstate commerce.
VAN SUSTEREN: All right, well, that's -- unfortunately, you get
the last word.
That's all the time we have today. Thanks to our guests and thank
you for watching.