I asked Senator Hatch about the shameful performance by Ted Kennedy and the behavior that smacks of McCarthyism. Hatch won't take it that far, but says that smears are the only tools the Democrats have left. "What is the CAP issue all about? Painting Alito as a racist and a sexist. Anyone who has watched him during this hearing knows that's ridiculous."

Hatch on the demand for an executive session: "It's another one of the bush-league approaches for delay."

One of the bloggers asked if Kennedy has a higher ethical standard than the ABA on recusals? "I'm sure he thinks he does. I'll leave it at that."

"He has 5,000 cases on which he's ruled, and this is the best they [Democrats] can do? Vanguard and CAP?"

Senator Hatch believes now that they will have to go to a third round of questioning due to the Democratic attacks that have cropped up today. That means that witnesses who have traveled to DC (for either side) will have to rework their travel arrangements, and the committee will likely have to meet all weekend to get finished. Bill Frist made that clear yesterday; he would not want the hearings to adjourn until the testimony concludes.

He also reminds us that a lot of this posturing has more to do with fund-raising for extremists like the Alliance for Justice and People for the American Way. He can't determine any other strategy except to toss out as much mud as possible and see what sticks.

On Alito as a witness: "I believe he is substantively better than Roberts. ... Roberts was the brilliant good guy next door. Alito has been the brilliant intellectual next door."

On Feingold's attack: "We've always had murder boards, and they're a good idea...These people aren't political, and they have no idea what they're in for." It doesn't mean that people get told what to say, but in how to approach questions from hostile Senators.

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