Leahy: "What are we trying to hide? What are we rushing?"
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Protesters, also, are regularly interrupting the hearing. Loudly, and with signs.
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Grassley, on the fact that Ginsburg's ACLU documents weren't turned over, which Grassley says was a part of attorney-client privilege: "It can't be that the ACLU receives more protections than the President of the United States."
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Grassley continues with the line that the committee has more Kavanaugh docs than from prior nominees and concludes: "I suspect that Judge Kavanaugh will become the next Associate Justice of the Supreme Court."
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Here we go again, with Dems asking for a vote on a motion to adjourn the hearing — based in part on the executive privilege issue.
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Cornyn says that all of the Dems would be held in contempt if this was a court of law. Leahy: "Oh, come on."
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Here is the letter asking the White House to withdraw the privilege claim (which was not formally invoked and was decided on by DOJ) being used to keep 100,000+ pages of Kavanaugh's record secret. https://www.documentcloud.org/documents/4823237-Dem-Letter-to-McGahn-090318.html …pic.twitter.com/p7ProFwisL
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Sen. Klobuchar referenced the letter in her remarks.
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We're still going back and forth with questions. Sen. Kennedy was asking about committee process, which was a nice throw-back to a simpler time.
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Blumenthal: The chairman has no right to overrule that rule (requiring a vote) by fiat. Grassley says that rule only applies in executive session and they're not in exec session now.
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Grassley says the "committee confidential" documents are so "under federal law."
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I did
@AM2DM, came back, and Blumenthal is still asking for the committee to consider his motion to adjourn.Show this thread -
Hatch talks about how many documents they have. This is such a false argument, given that all knew, going in, that Kavanaugh would have more docs than past nominees. Nonetheless, he was nominated. Then, Republicans turned foot and just decided not to seek most of his records.
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Leahy: "All told, only 4% of [Kavanaugh']s White House record has been shared with the public; only 7% with the committee." In contrast, "99% of Justice Kagan's records were available to all of the public. What is being hidden and why? ... It's not only shameful, it's a sham."
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Leahy, saying he's seen more confirmation hearings than anyone else in the Senate, calls this the "most incomplete, most partisan, least transparent" confirmation hearing he has seen.
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Grassley says it's "ridiculous" to say that the committee doesn't have enough documents because they have more documents than for the 5 last nominees combined. Booker: "It's not the number of documents."
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Sen. Cornyn doesn't like how this morning is going: "I hope we can take a breath," which he says the committee has not been successful at doing this morning, "and get a grip."
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Sen. Durbin: "What we've heard is the noise of democracy. It is not 'mob rule.'" Durbin goes on to describe the big issue behind questions about Kavanaugh as being about him being "[Trump's] man."
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Six of the top 10 trending topics in the US on Twitter as we approach noon today are about Brett Kavanaugh's Supreme Court nomination hearing.pic.twitter.com/cNKbmdiNtc
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Sen. Lee took us through a history of Supreme Court confirmation hearings, so that happened.
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The White House responds to Durbin's claim that Kavanaugh misled the Senate Judiciary Committee during his DC Circuit confirmation hearing, saying that it is Durbin who is being "deliberately misleading."pic.twitter.com/zgI8yzvYID
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Meanwhile, Sen. Whitehouse is focusing in his opening statement on "the Roberts Five," a focus on 5-4 votes that have gone the conservative way, particularly on corporate interests.
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An important note about the news that former Sen. Jon Kyl is expected to be named to serve as the interim senator to fill Sen. John McCain's seat.https://twitter.com/seungminkim/status/1037015043878137856 …
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Cruz says Kavanaugh's records from his time as staff secretary aren't important as to Kavanaugh's thinking. "The staff secretary is simply the funnel," Cruz says.
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Cruz says this would be about opening up records to relitigate the George W. Bush administration's decision. ... Wait, now Cruz is saying Dems' efforts are an attempt to relitigate the 2016 election.
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Cruz says that a Supreme Court vacancy was "directly on the ballot" in 2016. (He had a different ballot than I had.)
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Ted Cruz just invoked the Shakespearian "full of sound and fury, signifying nothing." It was not, however, about himself.
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Side-note: As we break for lunch, Deputy AG Rod Rosenstein, who his been in attendance, said a few words to White House counsel Don McGahn, also in attendance.
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The White House isn't happy that Dems are asking about documents. Just got this from them:pic.twitter.com/YcixMlAVf8
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Arizona Gov. Ducey specifically notes Jon Kyl's role in helping advance Kavanaugh's nomination in the Senate, then adds, "Now, Sen. Kyl can vote for [Judge Kavanaugh]'s confirmation."
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