Brett Kavanaugh, Supreme Court nominee, sidesteps subpoena question

Terry Joseph
September 6, 2018

Sen. John Cornyn of Texas, the No. 2 Republican, accused Democrats of participating in "mob rule", as Durbin proclaimed that the demonstrations were "the noise of democracy".

In Kavanaugh's confirmation hearing for D.C. circuit judge 2004, he was asked by Sen.

Amid the nearly continuous disruption, Texas Republican John Cornyn said it was "the first confirmation hearing for a Supreme Court justice I've seen basically according to mob rule". Patrick Leahy of Vermont. One shouted that the questions senators were asking about executive power were not "hypothetical" and should be answered. Senate Democrats have vowed a fierce fight.

Kavanaugh will field a second, shorter round of questions from members of the Senate Judiciary Committee on Thursday.

"It's that president who's decided you are his man", Durbin said. "It has been reaffirmed many times over the past 45 years".

The Supreme Court is often thought of as nine separate judges, rather than a team.

Leahy said that the Senate Judiciary had other documents that provide even more proof that the nominee misled senators about internal Democratic documents he received, but those records are now "committee confidential", meaning they can only be viewed by members.

On Wednesday, Kavanaugh will field questions from Committee members. And Sen. Cory Booker (D-N.J.) on Wednesday railed against Grassley for withholding a specific Kavanaugh email titled "Racial Profiling", calling the hearing process "rigged" and arguing there's no reason such emails should be kept from the public. If I've crossed the line of what I should say, then I'm not going to have an open mind in that case.

"This is something I've never gone through before", Grassley acknowledged.

Trump nominated Kavanaugh to replace retiring Justice Anthony Kennedy.

On one level, their desperation was understandable: A conservative majority could curtail Democrats' ability to use an activist court to put through policies they can't win democratically.

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Party leaders have said they hope to have Kavanaugh confirmed by a floor vote by early October, when the next Supreme Court term begins. Republicans said, however, that hundreds of thousands of documents have been released and that the White House has the right to invoke presidential privilege to keep sensitive documents out of public view. He said his views did shift after the September 11, 2001, attacks but his ideas about revisiting the special counsel law were merely suggestions. "It's not theory. It's not just what a law review article says".

The court wrote Washington, who'd presided at the 1787 convention that framed the Constitution and who'd signed the parchment, a letter telling him they couldnt oblige.

"Senator, one of the core principles I've articulated here is the independence of the judiciary, which I know you care deeply about, too", Kavanaugh responded.

Republicans also have released some but not all of the existing documents concerning Kavanaugh's two years as a lawyer in the White House Counsel's office prior to becoming staff secretary. "I don't know why it was marked 'committee confidential'".

Based on Kavanaugh's past, it appears he would take a more conservative approach to cases, Clark added. "Judging is real people in the real world, and every decision we make, no matter how high-minded it might sound, affects real people with real world interests".

Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings on Tuesday in a dispute over the records.

In total, the Democrats spoke out of turn and interrupted the hearing 63 times and complained about the withholding of documents 129 times, according to a tally kept by White House spokesperson Raj Shah.

Trump jumped into the fray Tuesday, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh.

In video of the exchange, Guttenberg can be seen reaching out to shake Kavanaugh's hand as the Supreme Court nominee stood up to walk out of the room for recess. He explained in detail how Kavanaugh's nomination fits into the broader picture of conservative control over the Supreme Court and how Senate Republicans were complicit in delivering judicial ideologues like Neil Gorsuch and Kavanaugh to the precipice of the High Court, the job of a lifetime.

The committee struggled to get through a raucous hearing that was frequently disrupted by people shouting from the audience.

Other reports by Free-Prsite

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