accept that i'm under any obligation. i have not made a big fight about this. i have gone ahead with my questioning. again, left silence imply consent. i think that rule is ineffectual as if we had unilaterally repealed the law of gravity. it simply isn't so. i haven't agreed to this rule, i haven't voted on this rule, this rule does not exist in our committee or senate rules. i will leave it at that. i am not willing to concede that there is any legitimacy to this entire committee confidential process in this hearing. >> nothing sensitive, nothing personal, nothing classified, and nothing confidential has been released. >> did you object to it when it was previously used under other supreme court nominees? >> it was developed then three bipartisan process. >> that is correct. >> we reach an agreement through unanimous consent. >> no, there was an agreement between the chairman's --