Isn't it obvious that Robert's is going to be confirmed? So confirm him with a lot of votes, gains leverage for next time instead of a futile stand...but use the hearing againt the White House: Start putting out sound bites
"Why is the White House afraid to release his papers, What are they trying to hide" THe Public is not trusting the WH so this is perfect...
At the hearing, ask Robert's "Why did you not give out your tax returns. They are not W's or Cheneys, you have the right to put your out, why did you choose not to, are you hiding something?" If the answer is the WH said not too, ask whether he always follows the WH orders. Ask why the records from the Bush 1 admin should not be released - again, "Are you hiding something?" or "Is the White House hiding something?" Since he will be confirmed,
make it about the White House.
Asking Roberts about the White House actions puts them on the Defensive - they cannot object to the questions as being too intrusive.
Make it about the White House and not so much about Roberts. Roberts answers will give you more information than any canned questions.
Make comments about how a Judge or Justice wants all the facts before making a decision and his belief whether a nominee should be fully screened before confirmation, and then ask why the WH withholding information
Talk about how this is in reality, a job interview and questions need to be answered..."Mr. Roberts, you would not hire a lawyer at Hogan and Hrtson who refused to answer questions, would you?" THe WH didn't tell you to withhold your tax returns, did they? You want the public to know you are going to be a good, ethical justice, don't you?
I am not a Pol. Consultant charging hundreds of $$$ for advice, but along with many here, find I can stategize real well...and it pisses me off when the Dem's don't...main point - fight the battles strategically, if you are going to lose, make it aboput the enemy rather than spining your wheels. THis is very appropo in todays climate, appear friendly, don't look obstructionist, use righteous indignation, ask the nominee about the WH activity and his answers will be very telling and GET REPLAYED ALL OVER THE DAMN PLACE>
By the Way, fi the Dem's want to hire me, I work cheap :>