TAPE: EF02/0343 IN_TIME: 14:12:48 DURATION: 5:45 SOURCES: APTN/Warner Bros RESTRICTIONS: No re-use/re-sale of film clips without clearance DATELINE: New York recent SHOTLIST 1. B-roll 2. Clip 'The Salton Sea' 3. Sot DJ Caruso: "The screenplay was so strong that it enabled me to get such a great cast and these characters were so dynamic on the page and to get these actors together with Val Kilmer and Peter Sarsgaard, Vincent D'Onofrio, Debra Kara Unger, even Luis Guzman came in and did something small for me. It was so easy to get them because the material was so good and I think they all felt my passion after one meeting so it was fun. " 4. Clip 'The Salton Sea' 5. Sot Val Kilmer: "Really everything about this character in Salton Sea was appealing. It is a very tough story but it is a love story the way I read it, you don't really understand where you are at at the beginning of the story and you can't come into it 10 minutes into it. You have got to see it from the beginning or you don't really know where you are." 6. Clip 'The Salton Sea' 7. Sot DJ Caruso:"I think Val is an incredibly complex actor because he doesn't ever really plan how he is going to react in certain situations. So what he does is he prepares himself with so much character background and character study and where is the character now, so that when he gets into the character situation it can become real to him. " 8. Clip 'The Salton Sea' That is why I look the way that I do and move the way that I do , and sound the way do. it is because if this man that I met years ago. That was also a very dangerous guy. " 10. Sot Val Kilmer: "Yes he is really great, and Peter Sarsgaard too, they're the kind of actors that are vivid. Kind of infuriating too because you never see them working. they always seem to be relaxed and nothing seems to bother them and then you turn on the camera and they are all dramatic. But he was just fun to work with. The hardest thing for me was not laughing in some of the scenes that were serious. " 11.Clip 'The Salton Sea' 12. Sot Peter Sarsgaard: "If you were really, really totally there and it was the most authentic thing ever. You still have to remember that you can't turn around that way, you have to stay in this box if it is a close up. It is really what acting is all about, just trying to connect. So I think that must be what it is about for Val but how he goes about doing it is as private as how he goes about doing what he does in the bathroom." 13.Clip 'The Salton Sea' KILMER RESURRECTS HIS CAREER WITH 'THE SALTON SEA' After a series of box office flops, it looks as though Val Kilmer may have recovered his waning movie career with his latest release, 'The Salton Sea'. Unlike other recent films of his, such as "The Saint", "Red Planet," and "The Island of Dr Moreau," which were nearly universally panned, this project has been given the thumbs up by most of the critics. 'The Salton Sea' tells the story of accomplished jazz musician Danny Parker, played by Kilmer, whose life is turned upside down after his wife is murdered. Every night his dreams are full of the murder he witnessed and eventually he sets off in search of redemption and revenge in the seedy underworld of downtown Los Angeles. There he encounters a eclectic mixture of people, who are all united by one thing - their choice of drug, crystal methamphetamine. Included in the group are Jimmy the Fin (Peter Sarsgaard), his troubled neighbour, Colette (Debra Kara Unger), and her violent boyfriend Quincy (Luiz Guzman). Aided by Jimmy "The Finn", Danny tries to work as the middle man in a drug deal with Pooh Bear (Vincent D'Onofrio), a deranged drug baron with a penchant for sadistic recreational games. He also begins to reconnect with his tenderness as he reaches out to help his neighbour Colette. However, nothing is what it seems and no-one is who they appear to be. Like 'Memento', the film starts at the end and skips about until all is laid bare. The film is directed by D.J. Caruso, who has worked on numerous television projects including 'Dark Angel', Smallville', and 'Martial Law'. He had his first foray into the film world last year with the little known 'The Expendables'. Although Val Kilmer is the star of the film, the golden boy, according to the critics, is Vincent D'Onofrio as the malicious drug baron, who many believe is a baddie in the league of Hannibal Lecter. His nose is covered with a cover, and according to the script, half his nose has fallen off, due to excessive drug-taking. 'The Salton Sea' goes on limited release this Friday (April 26th) in North America and on general release there on May 17th. The rest of the world will get a chance to see 'The Salton Sea' some time after June 1st. CLEARANCE DETAILS THE SALTON SEA WARNER BROS

YESTERDAY'S NEWSREELS

The Senate Foreign Relations International Operations and Terrorism Subcommittee held a hearing on the influence and reach of the Al Qaeda terrorist organization.

AP-APTN-0930: ++Italy Election Reax Tuesday, 31 May 2011 STORY:++Italy Election Reax- NEW Reax and analysis after PM suffers setback in local elex LENGTH: 02:30 FIRST RUN: 0930 RESTRICTIONS: AP Clients Only TYPE: Italian/Nat SOURCE: AP TELEVISION STORY NUMBER: 691074 DATELINE: Rome - 31 May 2011 LENGTH: 02:30 AP TELEVISION - AP CLIENTS ONLY SHOTLIST 1. Wide of Parliament and Prime Minister's office 2. Changing of the guard in front of parliament 3. People at tables at Campo Dei Fiori market 4. Wide of news-stand 5. Close up of newspaper in hand of man 6. Tilt up of newspapers on stand 7. Close up of newspaper Libero with caricature of Berlusconi crying 8. Pan of headline of Corriere della Sera newspaper (Italian) "The centre-right loses in Milan and Naples" 9. SOUNDBITE: (Italian) Mario Caruso, vox pop, Rome resident: "Italy is really on its knees, it is not that the alternative is so much better, but anything is better than Berlusconi." 10. SOUNDBITE: (Italian) Antonio Di Guglielmi, vox pop, Rome resident: "He is a fighter, he will go on as long he has the majority, as long as he thinks he can hold this government together." 11. SOUNDBITE: (English) Professor James Walston, political analyst: "Berlusconi has to consolidate his alliance, his coalition has been greatly weakened, his party and the Northern League have already started fighting among each other and he has to maintain the coalition, he says, for the next two years, I somehow doubt it." 12. Campo Dei Fiori market STORYLINE Analysts and local residents reacted on Tuesday to the stunning electoral defeats suffered by Italian Prime Minister Silvio Berlusconi's centre-right party in his political stronghold of Milan and in the southern city of Naples. Final results from the runoff elections held on Monday and Sunday appeared to support recent opinion polls that have shown his popularity slipping as he faces a trial in Milan in a prostitution scandal. Critics have said most of his energy has been involved defending himself from charges that he paid for sex with an underage Moroccan teenager then used the premier's office to try to cover it up. In Rome on Tuesday one local resident called Berlusconi a "fighter" who would go on as long as he could, while others said they were desperate for change. "Italy is really on its knees, it is not that the alternative is so much better, but anything is better than Berlusconi," said Mario Caruso. In Milan, Berlusconi's candidate, Mayor Letizia Moratti, won about 45 percent of the vote in the runoff against Giuliano Pisapia of the centre-left. Milan, Italy's financial and fashion capital and Berlusconi's own power base, had been run by conservative mayors for almost two decades. The city also is a crucial power base of a key government ally, the Northern League, and the poor showing is likely to deepen rifts between Berlusconi and the League's leader, Umberto Bossi. The League had been critical of the electoral campaign in Milan and lukewarm toward Moratti and it will no doubt be angry about having lost northern Italy's most important city. In the Naples run-off, the leftist candidate Luigi de Magistris, a former magistrate, won by a landslide with 65 percent of the vote, compared to 35 percent for Berlusconi's candidate, Gianni Lettieri, according to the final returns. Berlusconi had campaigned hard ahead of the local elections and urged Italians to go to the polls to signal their support for his conservative coalition government in Rome. The votes mark a setback for the 74-year-old Berlusconi personally and for his local candidates, analysts say, and will likely raise questions about his leadership. "His coalition has been greatly weakened, his party and the Northern League have already started fighting among each other and he has to maintain the coalition, he says, for the next two years, I somehow doubt it," said political analyst Professor James Walston. Berlusconi went on trial in April on charges that he paid for sex with an underage Moroccan prostitute and tried to cover it up by using his influence. The trial continues on Tuesday. The latest ballots were his first electoral test since the trial opened. Another three court cases, all related to his business, are under way in Milan. He has denied all the charges. Clients are reminded: (i) to check the terms of their licence agreements for use of content outside news programming and that further advice and assistance can be obtained from the AP Archive on: Tel +44 (0) 20 7482 7482 Email: infoaparchive.com (ii) they should check with the applicable collecting society in their Territory regarding the clearance of any sound recording or performance included within the AP Television News service (iii) they have editorial responsibility for the use of all and any content included within the AP Television News service and for libel, privacy, compliance and third party rights applicable to their Territory. APTN APEX 05-31-11 0549EDT

A 13-year-old black teen is hospitalized in critical condition and three white teens are in custody for allegedly beating the boy after he rode his bike through their Chicago neighborhood Friday night.The three were arrested yesterday and charged with attempted murder, aggravated battery and two counts of hate crimes.The teens had boasted about the crime to their friends and bragged about beating Lenard Clark who is conscious but unresponsive in Cook County Hospital.

NAME: OBIT PAVAROT2 20070906Ix TAPE: EF07/1055 IN_TIME: 10:19:54:08 DURATION: 00:05:13:09 SOURCES: AP/VARIOUS DATELINE: Various dates and locations RESTRICTIONS: See Script SHOTLIST ++music/video/performance rights must be cleared++ POOL PAVAROTTI AND FRIENDS INTERNATIONAL FILE: Modena, Italy - 29 April 2001 1. Wide of the tenor Luciano Pavarotti on stage at the end of his 40th anniversary concert in the Modena Theatre UPSOUND: applause 2. Pavarotti on the Theatre's stage with the orchestra 3. Close-up of Pavarotti on the Theatre's stage with the orchestra 4. Various of Pavarotti singing ''Libiamo nei lieti calici" from "La Traviata" by Giuseppe Verdi POOL PAVAROTTI AND FRIENDS INTERNATIONAL FILE: Modena, Italy - 6 June 2000 5. Wide of concert "Pavarotti and Friends" 6. Pan right of children singing "O' sole mio" during the concert "Pavarotti and friends" 7. Wide of audience of "Pavarotti and Friends" 8. Pavarotti and the pop band Aqua singing "Funiculi', funicula' " during the concert "Pavarotti and Friends" 9. Pan right of children singing "Funiculi', funicula'" 10. Pull out of girl dancing in the crowd 11. Children singing "Funiculi', funicula'" 12. Pavarotti singing "Funiculi', funicula'" 13. Children singing "Funiculi', funicula'" 14. Pavarotti singing "Funiculi', funicula'" 15. Pavarotti and Dalai Lama on the stage of the concert UPSOUND: (English) Dalai Lama: "It is the symbol of gentleness and the symbol of warmth, compassion and also the symbol of respect. So as a Tibetan custom, I would like to give you as a present." 16. Dalai Lama giving Pavarotti a sash AP Television FILE: Location unknown - 5 June 2000 17. SOUNDBITE: (English) Luciano Pavarotti, Tenor: "The music is incredible to bring people together and to break any barrier, because it is something positive. The world today need(s) special thing, positive. Sport and the music are really a big help, a medicine." AP Television Modena, Italy - 8 June 1998 18. Pavarotti and the Spice girls for "Pavarotti and Friends" (during warm-up for concert) 19. Pavarotti and the Spice girls singing together AP Television FILE: Location unknown - 5 June 2000 20. SOUNDBITE (English) Luciano Pavarotti, Tenor: "You cannot do anything better than help children. Children are the innocent result of the stupidity of the old people, of the adults and they make war. And generally these kids, they are destroyed for that reason. And so I will never help a grown-up person, I will help children." Pool PAVAROTTI AND FRIENDS INTERNATIONAL FILE: Modena, Italy - 21 May 2003 21. Wide of stage at concert "Pavarotti and Friends" 22. Various of Pavarotti and Bono, singer from U2, together singing "Miserere" AP Television FILE: Location unknown - 19 June 1996 23. SOUNDBITE: (English) Luciano Pavarotti, Tenor: "My dream is to wake up one day 50 pound(s) (approximately 23 kilograms) less and fly." AP Television FILE: Location unknown - 13 December 2003 24. Pavarotti and Nicoletta Mantovani kissing shortly after their wedding Pool PAVAROTTI AND FRIENDS INTERNATIONAL FILE: Modena, Italy - 6 June 2000 25. Various of Pavarotti and singer Tracy Chapman singing together "Baby can I hold you", Pavarotti singing in Italian 26. Audience at concert "Pavarotti and friends" AP PHOTOS - No Access Canada/Internet FILE: Paris, France - 7 July1998 27. STILL: Photograph of Pavarotti, right, joking with Placido Domingo,left, and Jose Carreras - internationally known as the "Three Tenors - during rehearsals for their free concert beneath the Eiffel Tower on Friday July 10 1998. AP PHOTOS - No Access Canada/Internet FILE: Modena, Italy - 17 June 1997 28. STILL: Domingo, left, Carreras and Pavarotti, right, " singing at the Braglia Stadium during their benefit concert for the reconstruction of Venice's 'La Fenice' Opera House which was destroyed by fire. STORYLINE Luciano Pavarotti, whose vibrant high C's and ebullient showmanship made him one the most beloved tenors, has died, his manager told The Associated Press. He was 71. Pavarotti had been diagnosed with pancreatic cancer last year and underwent further treatment in August 2007. His manager, Terri Robson, told the AP in an e-mail statement that Pavarotti died at his home in Modena, Italy, at 5 am (0300 GMT) on Thursday. Pavarotti, the most celebrated tenor since Caruso, whose singing partners ranged from tenor Placido Domingo to the Spice Girls, scoffed at accusations that he was sacrificing his art in favour of commercialism. It will be said the 20th century began with Enrico Caruso and ended with Pavarotti. Known around the world, Pavarotti was the incomparable tenor of his times to opera buffs and a celebrity who captivated (m) millions. "Pavarotti is the biggest superstar of all," the late New York Times music critic Harold Schonberg once said. "He's correspondingly more spoiled than anybody else. They think they can get away with anything. Thanks to the glory of his voice, he probably can." In his heyday, he was known as the "King of the High C's" for the ease with which he hit difficult top notes, and he turned "Nessun dorma," an aria from Puccini's "Turandot," into a universally recognised signature piece. In the 1990s, Pavarotti's teaming with Domingo and Carreras as the Three Tenors, became a music business phenomenon and spawned copycats such as the Three Irish Tenors. Pavarotti starred in a film called "Yes, Giorgio" and appeared in a filmed version of "Rigoletto". He wrote an autobiography, "I, Luciano Pavarotti," and made more than 90 recordings. From Beijing to Buenos Aires, people immediately recognised his smiling bearded face and large build, clutching a white handkerchief as he sang arias and Neapolitan folk songs, pop numbers and Christmas carols for hundreds of thousands in outdoor concerts. His name showed up as much in gossip columns as serious music reviews, particularly after splitting up with Adua Veroni, his wife of 35 years, and taking up with his 26-year-old secretary in 1996. In late 2003, he married his longtime companion, Nicoletta Mantovani, in a lavish, star-studded ceremony. Pavarotti said their daughter, Alice, was the main reason he and Mantovani finally wed after years together. In the latter part of his career, some music critics cited what they saw as an increasing tendency toward the vulgar and the commercial. He came under fire for cancelling performances or pandering to the lowest common denominator in his choice of programmes, or for the Three Tenors tours and their (m) millions of dollars in fees. He was criticised for lip-synching at a concert in Modena, Italy, his hometown. An artist accused him of copying her works from a how-to-draw book and selling the paintings. But whatever the criticism, he will be known for performances and recordings that display a voice of power, richness and vibrancy and a natural musicality in the central Italian repertoire. No singer of his time better captured the essence of the Italian tenor. He also could be credited with bringing opera to (m) millions of people who otherwise might not have heard it, though whether they were moved to attend the opera regularly is debatable. The son of a baker who was an amateur singer, Pavarotti was born on October 12, 1935, in Modena. He had a meagre upbringing, though he said it was rich with happiness. As a boy, Pavarotti showed more interest in soccer than his studies, but he was also fond of listening to his father's recordings of tenor greats like Beniamino Gigli, Tito Schipa, Jussi Bjoerling and Giuseppe Di Stefano, his favourite. In his teens, Pavarotti joined his father, an amateur tenor, in the church choir and local opera chorus. He was influenced by the movie actor-singer Mario Lanza. Singing was still nothing more than a vocation while Pavarotti trained to become a teacher and began working in a school. But aged 20, he travelled with his chorus to an international music competition in Wales. The Modena group won first place, and Pavarotti began to dedicate himself to singing. With the encouragement of his then fiancee, Adua Veroni, he started lessons, selling insurance to pay for them. He studied with Arrigo Pola and later Ettore Campogalliani. In 1961, Pavarotti won a local voice competition and with it a debut as Rodolfo in Puccini's "La Boheme". He followed that with a series of successes in small opera houses throughout Europe before his Covent Garden debut in 1963, where he stood in for Di Stefano as Rodolfo. Having impressed conductor Richard Bonynge, Pavarotti was given a role opposite Bonynge's wife, soprano Joan Sutherland, in a Miami production of "Lucia di Lamermoor". They subsequently signed him up for a 14-week tour of Australia. It was the recognition Pavarotti needed to launch his career. He also credited Sutherland with teaching him how to breathe correctly. In the following years, Pavarotti made a series of major debuts, appearing at La Scala in Milan in 1965, San Francisco in 1967, and New York's Metropolitan Opera House in 1968. Other early venues included Vienna, Paris, and Chicago. Throughout his career, Pavarotti struggled with a much-publicised weight problem. His love of food caused him to balloon to a reported high of 180 kilos (396 pounds) in 1978. Pavarotti, who had been trained as a lyric tenor, began taking on heavier dramatic tenor roles, such as Manrico in Verdi's "Trovatore" and the title role in "Otello". Pavarotti often drew comparisons with Domingo, his most notable contemporary. Aficionados judged Domingo the more complete and consistent musician, but he never captured the public imagination like Pavarotti. Though there appeared to be professional jealousy between the great singers, Pavarotti claimed he preferred to judge himself only against his earlier performances. In the mid-1970s, Pavarotti became a true media star. He appeared in television commercials and began appearing in hugely lucrative mega-concerts outdoors and in stadiums around the world. Soon came joint concerts with pop stars. A concert in New York's Central Park in 1993 drew 500-thousand fans. Pavarotti's recording of "Volare" went platinum in 1988. In 1990, he appeared with Domingo and Carreras in a concert at the Baths of Caracalla in Rome for the end of soccer's World Cup. The concert was a huge success, and the record known as "The Three Tenors" was a best-seller and was nominated for two Grammy awards. The video sold over 750-thousand copies. The three-tenor extravaganza became a mini-industry. With a follow-up album recorded at Dodger Stadium in Los Angeles in 1994, the three have outsold every other performer of classical music. A 1996 tour earned each tenor an estimated 13.6 (m) million US dollars. Pavarotti liked to mingle with pop stars in his series of charity concerts, "Pavarotti & Friends," held annually in Modena. He performed with artists as varied as Ricky Martin, James Brown and the Spice Girls. The performances raised some eyebrows but he always shrugged off the criticism. "(Some say the) word pop is a derogatory word to say 'not important' - I do not accept that," Pavarotti said in a 2004 interview with The Associated Press. "If the word classic is the word to say 'boring,' I do not accept. There is good and bad music." It was not just his annual extravaganza that saw Pavarotti involved in humanitarian work. During the 1992-95 Bosnia war, he collected humanitarian aid along with U2 lead singer Bono, and after the war he financed and established the Pavarotti Music Centre in the southern city of Mostar to offer Bosnia's artists the opportunity to develop their skills. He performed at benefit concerts to raise money for victims of tragedies such as an earthquake in December 1988 that killed 25-thousand people in northern Armenia. Pavarotti was also dogged by accusations of tax evasion, and in 2000 he agreed to pay nearly 25 (b) billion lire (roughly 12 (m) million US dollars) to the Italian state, after he had unsuccessfully claimed that the tax haven of Monte Carlo rather than Italy was his official residence. He had been accused in 1996 of filing false tax returns for 1989-1991. Pavarotti always denied wrongdoing, saying he paid taxes wherever he performed. But, upon agreeing to the settlement, he said "I cannot live being thought not a good person." Pavarotti was preparing to leave New York in July 2006 to resume a farewell tour when doctors discovered a malignant pancreatic mass, his manager Terri Robson said at the time. He underwent surgery in a New York hospital, and all his remaining 2006 concerts were cancelled. Pancreatic cancer is one of the most dangerous forms of the disease, though doctors said the surgery offered improved hopes for survival. "I was a fortunate and happy man" Pavarotti told Italian daily Corriere della Sera in an interview published about a month after he underwent surgery. "After that, this blow arrived." "And now I am paying the penalty for this fortune and happiness," he told the newspaper. Pavarotti had three daughters with his first wife, Lorenza, Cristina and Giuliana; and one, Alice, with his second wife.

TAPE: EF01/0436 IN_TIME: 21:02:14 DURATION: 10:57 SOURCES: APTN RESTRICTIONS: music/performance rights must be cleared DATELINE: 29 May 2001, Rome Italy SHOTLIST:- APTN/RAI TV APTN Footage 1. Pan to ''parco novi sad'' (stage) in Modena 2. VS preparations 3. B-roll Catherine Zeta Jones and Michael Douglas on stage 4. Pavarotti arrives 5. CU Catherine Zeta Jones 6. SOT Catherine Zeta Jones and Michael Douglas: " Because I think he knew how concerned and interested I had been in the subject and sort of jumped on the merry go round, the other day we were sitting on our holiday vacation and I had a thoughtful look on my face and..." SOT Catherine Zeta Jones : "No this is a very funny story, Michael was sitting relaxing and he had this wonderful relaxed look on his face and I thought he is bound to be thinking something romantic, an I said honey what are you thinking, and he said Nuclear disarmament." Michael Douglas: "exactly" SOT Catherine Zeta Jones : "So he is very committed, as is Pavarotti, and a lot of work goes into it but I know how much pleasure it gives Michael when he feel that something is being done or a message is getting across." Michael Douglas: "I just think that it is easier for people I the entertainment business toget the message across, people are, have an easier time either watching it or reading about it in the entertainment section rather than the political section, so hopefully just keep talking about it." 7. Poster about Afghani Children 8. Afghani children come in RAI footage 9. VS Zeta Jones and Douglas on stage with kids and Pavarotti 10. Sot Michael Douglas - reads statement on Afghani children 11. Cutaway crowd 12. Morcheeba and Pavarotti Performance - That's Amore APTN Footage 13. Sot SKYE EDWARDS, singer Morcheeba: "When we use to do out own shows in Italy at the end of the shows we used to play the Dean martin song as the audience were leaving and Pavarotti's wife was at one of the shows and she liked the idea of us doing that song together so that is how it came about. 14. Sot Morcheeba - Guitar player, Ross Godfrey: It took me a while to work out how to play , It's Amroes, basically because I can't read music, so I had to listen to it by ear and some of the chords are quite difficult and I am not used to playing three four time which is another thing that is strange. RAI footage 15. George Benson and Pavarotti Performance - The Greatest Love Of All APTN Footage 16. George Benson Sot In addition to singing with the great maestro, the fact that he was doing something to help other really was big of him and so I wanted to be a part of it. RAI footage 17. Fiorella Mannoia performance - Caruso 18. Deep Purple & Pavarotti performance - Nessun Dorma APTN Footage 19. Sot Ian Gillan, DEEP PURPLEXRAI footage: " All you can think of is the special occasion, what it is for, we are coming from different backgrounds, I am not going to try and be an opera singer, I am a Rock and roll singer, I am just going to enjoy it, he is god in his own field and so it is a great honor to be able to do this and all for a great cause, we are going to have good fun." 20. Barry White Performance - My First My Last My Everything APTN Footage 21. Barry White Sot : "I always feel good, I everybody is here to pitch in and I always like to do that." 22. Sot in Spanish, Celia Cruz : "It is going to be brilliant." RAI footage 23. Performance Celia Cruz and Pavarotti - Guantanamera 24. Anastacia & Pavarotti performance - I Ask of You APTN Footage 25. Anastacia Sot :" Absolutely, there is a different energy coming from the crowd that way, they have a kindness to their crowd mentally, they are not as frenzied, they know that there is a there when it is charity I think." 26. Tom Jones Sot : " Incredible Pavarotti is a great man, I am very honored to be singing with him tonight." RAI footage 27. Tom Jones & Pavarotti Performance - Delilah " It's great, I mean I am glad that he picked Delila because it is easier for me to sing Delila with him than for me to try to do something that he sings normally." APTN Footage 28. Pavarotti B-roll 29. Pavarotti Sot : " I am very proud and this year I think it is very special this year, the participation of Afghantisan, for the participation of historical singers and young beautiful talents, so I think it is a great mix of different colors." RAI footage 30. Finale with all stars - A Little Help From My Friends STARRY NIGHT IN MODENA Some of the biggest voices in pop joined the world's most famous tenor Luciano Pavarotti on stage at a charity concert, held in the opera singer's home town of Modena, Italy. Welsh crooner Tom Jones and American soul icon Barry White sang under the stars on Tuesday night to help Pavarotti raise money for Afghan refugees. High profile guests included star couple Michael Douglas and his wife Catherine Zeta Jones, who mingled with the likes of designer Donatella Versace, Italian soccer star Gabriel Batistuta and singer George Benson. The legendary Italian tenor dedicated this eighth "Pavarotti and Friends" concert, which was broadcast nationwide, to the cause of Afghan refugees. At the show, Ruud Lubbers, United Nations High Commissioner for Refugees, announced the U.N. would bestow a humanitarian award on Pavarotti next month for giving "great visibility to the cause of refugees." On a more sour note, there was much criticism in Italy at the the exploitation of Afghan refugee children who featured in the show. According to reports, they were brought to Modena for one month of rehearsals but after the concert they are simply returned home to the same problems and misery. Michael Douglas had begun the evening with an appeal for help for the Afghans, saying that if Pakistan could strain its resources to host hundreds of thousands of Afghan refugees, donors around the world should be able to help. Tom Jones, introduced by Zeta Jones,who is also Welsh, sang his big hit "Sex Bomb" and sixties classic "Delilah", and lit up the crowd. The two big men, Pavarotti and White, joined in a duet of "You're My First, My Last, My Everything." Others singing alongside 'Big Lucy', as the tenor is known to his fans, included rock diva Anastacia and veteran rock band Deep Purple. A less successful pop-opera fusion involved British singer Morcheeba, who had to restart her rendition of "Rome Wasn't Built in a Day," when she and the Pavarotti orchestra got out of synch. Over 20,000 people attended the concert. MUSIC CLEARANCE DETAILS TITLE: That's Amore WRITER: WARREN /BROOKS PUBLISHER: FAMOUS MUSIC CORP/ LEO SONG COPYRIGHT TITLE: The Greatest Love Of All WRITER: MASSER/ CREED PUBLISHER: EMI TITLE: Nessun Dorma WRITER: PUCCINI PUBLISHER: G ICORDI AND CO. TITLE: My First My Last My Everything WRITER: WESLEY JONES PUBLISHER: MINARET SONGS TITLE: Delilah ARTIST: TOM JONES WRITER: MASON/ REED PUBLISHER: DONNER MUSIC/ EMI LABEL: DERAM RECORDS

SENATE FLOOR DEBATE: The Senate meets for Morning Hour. The Senate Continues its debate on the Nomination of Judge Samuel Alito to be the next Justice of the US Supreme Court. 18:00:34.2 very heavy presumption, it is argued is with a nominee and his confirmation. in my view, this is not what the constitution provides in 18:00:44.5 requiring the senate's advice and consent to a nominee to the federal bench, which is, after all, a third separate, independent branch of our national government. 18:01:00.8 from a historical perspective, it's worth noting that over the course of our history, roughly one in every four nominations to the court has not been confirmed by the senate. 18:01:20.1 there have been 158 nominations to the supreme court in the course of the history of the republic, of whom 114 were confirmed. 18:01:34.9 now not all of the others were rejected. some were rejected on votes taken in this body. some withdrew. some were never acted upon. but the notion of this heavy presumption runs contrary to 18:01:55.8 historical practice in the sense that almost one out of every four -- actually a little more than one out of every four nominations has not been 18:02:07.5 confirmed by the senate. as michael gearhart, the sam wall ash distinguished professor of constitutional law at the university of north carolina testified recently before the 18:02:21.6 judiciary committee, -- quote -- "neither the plain language of the appointments clause nor the structure of the constitution requires senators to simply defer to a president's 18:02:42.0 supreme court nomination. let me repeat that quote. "neither the plain language of the appointments clause nor the structure of the constitution 18:02:55.8 requires senators simply to simply defer to a president's supreme court nomination." in my view, it is the senate's 18:03:10.7 duty to advise and consent on nominations as an integral part of the constitution's system of checks and balances among our institution's of government. 18:03:28.0 nomination alone does not 18:03:30.7 constitute an entitlement to hold the office. furthermore, some have said when considering a nominee that we look only to their experience, their qualifications, their 18:03:46.0 character. these are all obviously very important criteria. but in my view, the nominee's judicial philosophy also must be given very serious consideration. 18:04:05.1 we are facing here a decision to place someone on the supreme court for life tenure. it could be 20, 30, 35 years. judge alito is in his 50's. 18:04:23.3 so we're talking about someone who's going to shape the interpretation of our constitution over decades -- over decades. the view that when you consider 18:04:41.1 a nominee to the supreme court, the nominee's judicial philosophy should be given very serious consideration, was well put by former chief justice rehnquist, writing in 1959, long before he went on the court, the 18:05:02.7 late chief justice rehnquist wrote that the senate should follow the -- quote -- "practice of thoroughly informing itself on the judicial philosophy of a supreme court nominee before voting to confirm him." 18:05:24.5 thoroughly informing itself on the judicial philosophy of a supreme court nominee before voting to confirm him. in considering judge alito's 18:05:37.5 nomination to be an associate justice of the supreme court, in my view, the question of his judicial philosophy is not only a legitimate question, but indeed an essential question. 18:05:56.2 now inquiring into a nominee's judicial philosophy does not mean discovering how he or she would decide specific future cases. we're always being warned about 18:06:13.5 that, and there's no effort here to predetermine that. rather, it seeks to ascertain the nominee's fundamental perspectives on the constitution , how it protects 18:06:27.3 our individual liberties, ensures equal protection of the law, maintains the separation of powers and the checks and balances encompassed within our constitution. 18:06:46.3 judge alito has served on the u.s. court of appeals for the third circuit since 1990, during which time he has written hundreds of published opinions. and earlier he served six years 18:07:02.5 in the justice -- in the u.s. department of justice. so there is much to consider in his record, and many lessons to be drawn from it. of the issues the court is 18:07:20.5 likely to face, perhaps none is more basic than the proper reach and exercise of executive power. we're particularly focussed on this issue now, but it's an issue that has recurred 18:07:35.4 constantly throughout our history as we seek to maintain the careful balance that the founding fathers placed in the constitution. they in fact established in the 18:07:51.7 constitution a complex system of democratic governance with three separate, equal branches of the government. at the center of this system lies not any one of the three branches, but rather, a delicate 18:08:10.7 balance amongst the three branches. looking at judge alito's record, one sees a clear and constant deference to the executive which, in my view, would 18:08:29.0 significantly tip that delicate balance with respect to our constitutional system. the constitution, after all, grants the legislative power expressly to congress. it gives the president the power only to approve or veto 18:08:43.9 legislation. the veto power, of course, gives the president very significant authority with respect to legislation. but if a bill becomes a law with or without the president's 18:08:58.6 approval, it then becomes his or her responsibility as the chief executive to see that the law is carried out, to see that the law is properly executed. 18:09:16.0 judge alito's record demonstrates that he would seek to extend the president's power to allow for modification of law by the executive alone. as one example, while he was an 18:09:33.7 official in the department of justice, he was instrumental in advancing a policy of presidential signing, so-called signing statements, to create a platform from which the 18:09:50.1 president could seek to alter the underlying purpose of legislation passed by the congress without the concurrence of the congress. such a deference to executive 18:10:08.8 power, i think, is of deep concern, especially, as we see on occasion now, when presidents, rather than following the constitutional process, by seeking legislative 18:10:23.9 change through the congress; instead, refuse to carry out statutes that the executive finds not to his liking. furthermore, under our 18:10:43.5 constitutional system, the courts are the ultimate guarantors f every individual's rights and the defenders of our liberties. on this issue too, judge alito 18:10:58.8 has been quite clear and consistent. professor goodwin lu of bold hall school of law at the university of california, berkeley, summed up judge alito's work in his testimony to 18:11:14.5 the judiciary committee. quote -- "throughout his career, with few exceptions, judge alito has sided with the police, prosecutors, immigration officials, and other government 18:11:28.9 agents while taking a minimalist approach to recognizing official error and abuse." in an editorial on january 12, "the new york times" made the 18:11:44.7 same point in somewhat different terms. "judge alito time and again, as a lawyer and a judge has taken the side of the big corporations 18:12:01.4 against the little guy, supported employers against employees, and routinely rejected the claims of women, racial minorities, and the 18:12:19.4 disabled." in a memorandum that he submitted when applying for a political position in the justice department in 1985, judge alito made a series of 18:12:32.6 very sweeping statements about his understanding of the constitution. he wrote that he was inspired to apply to law school by his opposition to certain decisions 18:12:50.5 of the warren court, the court headed by chief justice earl warren. decisions which are now considered bedrock provisions of constitutional law, decisions 18:13:09.4 involving criminal procedure, the establishment clause of the constitution, and reapportionment. in that very same memo, he also took strong positions in 18:13:22.8 opposition to court decisions on affirmative action and the right 18:13:27.7 to choose. when asked about the memo during his confirmation hearings judge alito explained that the 1985 memo reflected his views of the 18:13:44.0 constitution at that time. he did not, however, explicitly disavow those views, and nothing in the hearing record demonstrates that they have 18:13:57.4 changed. in fact, his decisions as a judge on the third circuit reflect that these are the views he has continued to hold and to espouse. the baltimore sun concluded in 18:14:18.6 an editorial that -- quote -- "despite judge alito's periodic assurances of having an open mind, the disturbing impression from the hearings is that on 18:14:34.0 critical issues, such as abortion, civil rights, and the limits of executive power, he does not." mr. president, i think that's a 18:14:52.2 very perceptive observation with respect to judge alito's testimony before the judiciary committee.n mr. president, i am not 18:15:08.8 persuaded that judge alito recognizes either the critically important role the supreme court must play in preserving the constitutional balance of power among the three branches of our 18:15:27.2 government, that delicate balance to which i made reference earlier and which was so much a part of the thinking of that distinguished assemblage which gathered in philadelphia 18:15:42.8 in the summer of 1787 to frame our constitution. so i have this concern about his view towards the role the court must play in preserving the constitutional balance of power 18:15:58.4 among the three branches of government or that he recognizes the role of the court as the ultimate guarantor of every individual's constitutional rights and liberties. 18:16:20.5 for the ordinary citizen all across our country, the rulingings of the supreme court -- the rulings of the supreme court can be of immense importanting importance in terms 18:16:33.7 of providing for their rights and liberties. because i am not persuaded in this regard about the 18:16:49.4 appropriateness of judge alito's nomination, when the time comes to vote i will vote against his nomination to become an associate justice on the supreme court of the united states. 18:17:06.0 mr. president, i yield the floor. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call: clear n 18:32:57.3 18:32:57.8 quorum call: 18:35:15.0 a senator: mr. president? the presiding officer: the senator from oklahoma. a senator: mr. president, i ask unanimous consent the quorum call in process be vitiated. the presiding officer: without objection. mr. inhofe: mr. president, i've just learned that two of our 18:35:28.8 distinguished senators, both from massachusetts, have made the statement that they're trying to drum up support for a filibuster. in isn't going to happen. you know, i know -- this isn't going to happen. you know, i know that people get desperate. they're afraid that something might happen to their liberal 18:35:44.5 agenda. but the constitution is very cleared. we've discussed this. we've debated this. and there's not going to be a problem there but i think it's worth bringing to the attention of the american people that this is actually taking place right now. nowhere did our founding fathers say that to confirm a judge, you had to have a supermajority. 18:36:01.7 and i just don't believe this is going to happen. let me just share a couple of thoughts with you, mr. president. i -- first of all, i'm not a lawyer and i'm not a member of the judiciary committee in a way that puts me in a position 18:36:16.7 perhaps a little better than a lot of my colleagues who are in fact most of the people who have spoken are members of the judiciary committee. but you know, by now we've heard so much about judge samuel alito's resume about, the type 18:36:32.8 of person he is. and i would have to say yes, he is guilty, he is guilty of being a strict constructionist, of being a strict interpreter of the constitution and he'll rule according to settled law. i don't think anyone has any doubt in their minds that he 18:36:48.7 would. the problem is that some of the democrats have made it clear that they're going to make this a partisan fight. now even talking about perhaps even a filibuster. they have a litmus test. they don't want to confirm any nominee of any president unless that nominee makes some type of 18:37:06.0 a commitment and passes a litmus test for their far left liberal agenda, whether that's gay marriage or whether it's abortion on demand or any of the rest of it. that's what it's really about. you know, we don't talk about this. they kind of dance around this issue, but that's the real issue 18:37:20.6 that they don't like this guy, because he is not going to line up and give a litmus test to some liberal agenda. one of the things that bothers me about this is this is all new. this didn't happen in the past. and i can remember when judge scalia was up for confirmation 18:37:37.2 and people talk about judge scalia and alito, not just because their names sound similar but their temperament is the same and their background is the same, their writings are the same, very similar. and we went through a very long process with judge scalia during 18:37:55.2 his confirmation and he ended up 18:37:58.0 being confirmed by unanimous vote, a unanimous vote. if you'll remember, that was when william rehnquist was taken from the court and made the chief justice and that created the vacancy and a lot of people didn't want to have someone who 18:38:11.2 was a strict constructionist but they realized he was qualified and they realized that he was appointed by a president who was a republican, ronald reagan, and they went ahead and confirmed him. it was unanimous. now, this is something that is really changing now because there's no way in the world that 18:38:28.0 this is going to -- that judge alee stow going to be unanimously -- alito is going to be unanimously confirmed and i -- you know, when we went back to the clinton administration, i remember so well when he nominated judge ginsburg and then pryor -- and then breyer, 18:38:46.8 and they were -- keep in mind, republicans were not excited about that. they didn't have a very conservative background and yet they were overwhelmingly confirmed. and that's what the change i see happening. it's not like it used to be. ginsburg was 96-3. 18:39:00.0 breyer was 87-9 overwhelmingly confirmed. i -- not too long ago just the other day judge -- or jeff sessions, who is our colleague from alabama, made a statement. he said, you know, if you -- we really get into this thing where 18:39:14.7 we're looking at it philosophically, then you're going to have to remember -- and the way he worded it was -- the knife cuts both ways. he said if this new standard is affirmed, then will be more difficult for future democrat presidents to be confirmed. and i -- i agree with this. 18:39:30.0 you know, if a democrat president comes up and makes a nomination, we would change the same way that they're changing during this. and maybe a litmus test would be discussed at that time. on the plane coming up here just a few minutes ago, we just landed, after this recess my 18:39:48.3 wife and i were talking about this and i told her about the comments of senator sessions. and i said, you know, what i think i'll do in my speech on the floor tonight on the confirmation of judge alito is make the statement that if they 18:40:05.2 adhere to this litmus test, that if i'm around -- and i don't think there's going to be a democrat president but if there is and i'm still in the united states senate, i'm going to do the same thing, i'm going to hold them to a litmus test. my wife said, no, don't do that, 18:40:20.2 don't stoop to that just because they're doing it. and so i'm not doing it. i learned a long time ago that my wife and i have been married 46 years and i do what i'm told. and so -- anyway, the -- this is something that is a change that we have observed and i think 18:40:36.0 it's -- it warrants our consideration. now, the democrats are also making really outrageous accusations trying to justify partisan votes. and i really believe in my heart that they don't -- they don't believe these accusations they are making but what they do want 18:40:50.7 to do is have some excuse so they can go home and say i voted against this guy but not tell them the real reasons. let's go over some of these accusations that are made. we start with senator kennedy, who inaccurately stated that alito poses the one person -- opposes the one-person/one-vote 18:41:08.9 principle. i'll just go ahead and give the quote. senator kennedy, this is on the 9th -- the 9th of january. he said, "it expresses outright hostility to the basic principle of one person/one-vote affirmed by the supreme court has essential to ensuring that all 18:41:24.0 americans have a voice in their government. now, the fact is that judge alito has stated that the principle of one person, one vote is a bedrock principle of american constitutional law. he's never taken issue with that principle. and to quote him, he said, "the 18:41:39.7 principle of one person, one vote is a fundamental part of our constitutional law and i do not see any reason why it should be reexamined. and i do not know that anyone is asking for that to be done." i think that is a very well-settled principle but now 18:41:57.7 -- now it's in the constitutional law for our country. and i will adhere to that. well, this is -- you know, couldn't be more emphatic than that. and again, senator kennedy is -- what he said is not true and i know he wants it to be true, he wishes it were true, but it's not. 18:42:11.5 then along comes senator sherman -- senator schumer from new york in attacking alito's jurisprudence. senator schumer tried to paint alito as someone who is too conservative. his statement was, judge alito -- i'm quoting now -- "in case after case, you give the 18:42:28.0 impression of applying careful legal reasoning but too many times you happen to reach the most conservative result." well, the fact is senator schumer's characterization of alito overlooks the bulk of alito's record of nearly 5,000 votes as a court of appeals 18:42:45.3 judge reached on the law and the facts and which are consistent with senator schumer's picture of alito -- or inconsistent with 18:42:56.4 his picture of alee notice. now, if you -- his picture of alito. now, if you question this, the statement that was made by schumer -- by senator schumer, if you believe there might be some merit toirkts let's stop -- the easiest way to refute that is to read an editorial that was 18:43:11.1 in the washington post. there isn't a person who belongs to this body or anyone within earshot of what i'm saying right now is going to say that "the washington post" is a conservative publication or a republican publication. and yet what they said about 18:43:27.4 alito was -- quote -- "judge alito's dissents are not the work of an unblinking ideologue. they are the work of a serious and ideological judgment who deserve respect, a respect 18:43:42.7 evident among his colleagues even when their positions differ. and that's not "the washington times." this is "the washington post" making this statement. so i'd say like senator kennedy that senator schumer, what he said is just flat not true. i'm sure he wishes that it were true but it's not. another statement made by 18:43:57.7 senator kennedy. he -- he said in talking about the -- he's trying to make a position that judge alito wants to through the signing of the -- it is presidential signing statements -- presidential 18:44:12.9 signing statements are statements that are made by the president when a knew law is passed to say what -- this is my interpretation of it. well, he likes to imply that alito supports giving the president absolute power. and senator kennedy said -- quote -- he said "you argued 18:44:29.2 that the attorney general should have absolute immunity even for actions he knows to be unlawful and unconstitutional, suggested that the court should give a president's signing statement great deference in determining the meaning and the intent of the law and argued as a matter 18:44:45.9 of your own political and judicial philosophy for an almost all-powerful presidency." well, the facts are that the president's bill-signing statement is a device developed long before alito came along. they tried to imply that he 18:45:00.9 something to do with this. this has been embraced by democrat presidents and republican presidents for -- for years and years, all the way back to presidents monroe and presidents andrew jackson.n the suggestion that alito somehow invented this notion is 18:45:18.8 patently -- blatantly absurd. again, senator kennedy is wrong. the statement is not true. he further cites false and inaccurate knight ridder analysis. 18:45:31.6 this is interesting. senator kennedy made more outrageous statements about his view of searches. senator kennedy said, and this is a quote he mated on the 10th of january, just last month -- or this month -- he said "mr. chairman, at this point i'd like to include in the 18:45:50.2 appropriate place in the record the knight ridder studies that conclude he never found a government search unconstitutional." first of all, knight rider's steven henderson and howard mintz have been accused of bias 18:46:08.3 and reporting on alito's record. stewart taylor wrote "i focus here not on such egregious error as the assertion on c-span by knight ridder sniewps that a 18:46:26.3 study we didn't find a single case in which judge alito sided with african-americans who were allegedly racial bias." he went on to say, what is remarkable is that any reporter could have overlooked case after case after case in which alito 18:46:43.2 has sided with african-americans alleging racial bias. in just a few minutes, i'm going to be specific on some of these but there would be too many so cite for the amount of time that we have right now. so, again, senator kennedy's 18:46:57.3 statements are inaccurate, are untrue and, again, i know he wushes they were true, but they are not. these guys are grasping at straws. then senator biden came in with inaccurate stawments on presidential treatment toward the state. 18:47:12.2 senator biden charged alito with ruling in favor of the state against the individual. this is what he said. he said, "but as i've tried diligently to look at your record, you seem to come down more often and give the benefit of the doubt to the outfit 18:47:28.9 against whom discrimination is being alleged. you seem to lean in close cases you lean to the state versus the individual. " well, the facts belie that. the facts say judge alito's record shows he consistently 18:47:44.6 approaches each case based on the law and the facts of that case. he rules for defendants when the law supports them and the 18:47:54.0 corporation or the state when the law supports their position. this is an appropriate approach for a federal judge. it's clear he understands the importion of judiciary and has a healthy respect for its role as the ball wash against executive 18:48:10.6 overreaching. alito highlighted to the senate as he often cites in such great law as alexander hamilton. i think he has probably quoted hamilton more than anyone else, at least it seems that way to 18:48:25.4 me. he said, "as lesm beer hamilton aptly put it in federalist 78, the court should carry out the judicial power with firmness of independence. without this he observes all the reservations of particular 18:48:40.4 rights or privileges in the constitution would amount to nothing. " alito continued, still quoting, "when a constitutional or statutory violation by other governmental institutions is proven, a court should not hesitate to impose a strong and lawful remedy if that is what is 18:48:57.2 needed to provide full redress." some of the finest chapters in the history of the federal court have been written when federal judges despite resistance have steadfastly enforced remedies for deeply rooted constitutional violations. 18:49:12.8 " during the 15 years on the bench, judge alito has repeatedly ruled to restrain executive authority reflecting his understanding of the role of judiciary and to protect the constitutional rights, separation of powers and so forth. 18:49:27.8 so what senator biden said is not true and i know he wishes it were. next we had senator feinstein who came in. she was approaching something i'm particularly sensitive to. mr. president, i chair the committee called environment and public works. of course, you remember that 18:49:44.3 committee and we deal with these environmental issues. senator feinstein mischaracterized judge alito's viermal record. let me say this for anyone who might be listening if there's nothing better going on right now, that these senators that i 18:49:59.9 am very critical of. i love them dealer. you know it's possible. it doesn't happen in the other body, seeing the senator here who also served in the house at the time that i was there. you know, we can love our 18:50:15.4 friends, our senators with whom we served and we can detest their philosophy and their agenda. i learned this the hard way. i'll share this story with you, mr. president, that back in 1994 i came from the house to the senate. 18:50:30.1 and operating as i'd always operated in the house, it happened to be a senator on the floor named wendell ford from kentucky. he was known as the bull dog or the junkyard dog as it was of the united states senate. i disagreed with him. 18:50:47.8 i came down here. that was the opening day i was confirmed in the special election. i wept down and i took him on. it was mean and wicked. we were yelling and screaming. i felt pretty good. i went down to go back to the russell building down the 18:51:04.0 elevator and i ran into none other than senator bob byrd. he said right along with me, he said, young man i appreciate your spunk. i liked that because that happened to be november 16, it was my 60th birthday. 18:51:22.5 he said i appreciate your spunk but this isn't the way we do it in the senate. he explained how it must be divinely inspired so that there is a genuine love for your fellow senators, something that doesn't exist in the other body. 18:51:37.2 i don't know what i said all that. senator feinstein accused judge alito of ruling against the clean water act. he said in a case a citizens environmental group sued a chemical manufacturer under the 18:51:53.4 clean water act for polluting a river used by members of the group. your decision, as i understand it, was based upon your conclusion that the environmental group did not have standing to sue under the clean water act because even though members of the environmental 18:52:08.6 group had stopped using the river due to the pollution they do not prove any injury to the environment. the decision if broadly applied would have gutted the citizens lawsuit provision of clean water act. so you see where the concern comes with respect to 18:52:24.3 overthrowing something on a technicality that can have enormous implications. that's what senator feinstein said. that's a quote. let's keep in mind what alito's vote was. he did not write the opinion. he voted in this case. 18:52:38.8 it was a straightforward application of the supreme court's controlling -- control s precedent in luhan versus defenders of wildlife. most of us remember man we will 18:52:55.1 luhan who became the secretary of interior. this was in 1992 in which the supreme court required that in order to file suit a plaintiff must allege the actual injury not just have great concern over 18:53:05.0 the activity such as pollution. i guess what we're saying here is that senator feinstein should have read this. he was interpreting a law he may or may not have agreed with but this was sent down, this was law settled and established by the united states supreme court. 18:53:20.8 alito's vote, which he didn't right, it was one that was well based in law. so i think what senator feinstein said was not true it and needs to be answered. that's the answer. another one that senator kennedy researched -- senator kennedy 18:53:36.5 charged that alito rarely votes for the little guy. senator kennedy charged alito again with false accusations saying that he was biased toward the rich and powerful. keep in mind this is senator kennedy talking about rich and 18:53:52.4 powerful saying he was biased again the rich and powerful and against the little man. i will use the quote that he used. he said "and the on the cases he decided in case after case after case we see legal contortions and inconsistent reasoning to bend over backwards to help the 18:54:09.6 powerful." this is on the 12th of january, stated by senator kennedy. time after time during his hearings alito and other senators have repeated instances in which alito did rule for the little guy in cases involving 18:54:25.0 criminal law, employment and labor law, immigration law and others, judge alito has consistently ruled for plaintiffs or defendants as the facts of law demanded. i'm give you some examples. in dubee versus at&t corporation 18:54:43.9 he dissenting from a case for a plaintiff's advancing of a claim of race discrimination. alito would have applied a longer statute of limitations to let the claim go forward. that's just the opposite of what was inserted by -- asserted by 18:54:57.6 senator kennedy. in another case caruso versus blockbuster sony music entertainment center at the waterfront. writinger for the you -- a unanimous panel judge alito reversed in part the district court's grant of summary 18:55:15.2 judgment for blockbuster sony and against the patriot. the plaintiff was william caruso, a disabled veteran of vietnam who used a wheelchair, brought suit against the a.d.a., 18:55:31.3 claiming that the wheelchair areas in the pavilion do not provide wheelchair users with lines of sight overstanding speck taters and the lawn area is not wheelchair accessible. judge aleto explained that even though the department of 18:55:47.6 justices standards do not require that wheelchair users must be able to see the stage when other patrons stand, the e center must make assembly areas like the lawn accessible to people in wheelchairs. he concluded, we reject the argument that assembly areas 18:56:05.9 without fixed seating need not provide access to people in wheelchairs. again, alito, who has a stellar record proves that senator kennedy's statement is a false statement. the last one i'll mention was his -- senator kennedy's statement on racial 18:56:23.2 discrimination, senator kennedy wrongly stated that alito had never written an opinion related to race discrimination implying that he could be a racist. senator kennedy said -- quote -- "judge alito has not written one single opinion on the merits in 18:56:40.1 favor of a person of color alleging race discrimination on the job in 15 years on the bench, not, not one. " he said that on the ninth of january. the facts are that alito has repeatedly ruled in favor of minorities making allegations of 18:56:57.1 is racial discrimination in employment. one case is smith versus davis in 2001. alito voted to reverse a grant of summary judgment against an african-american mans claim that he had been discriminated against on employment in the 18:57:13.1 case of race. another one was goes by -- goosby versus johnson & johnson. judge alito and his colleagues concluded that the female african-american plaintiff had -- plaintiff had introduced 18:57:30.0 sufficient evidence to question whether the employer had given her lower quality assignments due to her objective scores on certain evaluations as the employer maintained. that just -- there are many more cases and at this point i ask 18:57:44.7 unanimous consent to include the other cases that we have as part of the record. 18:57:50.6 the presiding officer: without object. mr. inhofe: okay. i would conclude that the facts as we've demonstrated here speak for themselves. samuel aleto is not a racist. he is not a right-wing extremist. he believes in the executive branch authority and rules only 18:58:05.7 in favor of the powerful. all of these things any thoughtful, mainstream, fair, experienced interpreter of constitution. he is really a good guy. he is probably -- i've heard many people say that he is probably one of the most qualified persons ever to be 18:58:21.8 nominated for this high court. those liberal senators desperately grasping at any straw to find justification to vote against judge alito, they have their litmus test and in order to be confirmed to the united states supreme court, a judge must embrace all the left 18:58:37.7 wing extremist agenda. an agenda that is so unpopular in america that the american people reject it and it must be legislated from the bench and that's the problem that they have. i would say this, mr. president, in concluding when my service 18:58:52.7 here in the united states senate is over, when of the greatest honors i will have had for the sake of america and for the sake of my 20 kids and grand kids is to vote to confirm samuel alito to the united states supreme 18:59:07.4 court. i yield the floor. a senator: mr. president? the presiding officer: the 18:59:22.7 senator from south dakota. mr. thune: mr. president, i rise today to voice my strong support for the nomination of judge samuel alito to be on associate justice of the supreme court. judge alito has demonstrated and dedicated his life to public 18:59:39.6 service from serving in the army refers to working -- reserves to working as a prosecutor for the federal government. for the past 15 years he has been a model jurist on the court of appeals and his record reflects a deference to the political branches of our 18:59:54.4 government that is all too often lacking among some on the benchn as stated before, i believe the guiding question for each of us in derling a nominee's fitness for this post should be whether the person is dedicated to applying the constitution to