Asked about women in the law and clerks, Kavanuagh says, "There's a pipeline problem." "What it takes is just not accepting the same-old answer," he says. He says, "I try to figure out why, and then do something about it."
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"Did Miranda ever ask to meet with you at an off-site location outside of the White House or Senate?" Kavanuagh hedges. Leahy asks, specifically, if he was asked to attend a meeting about Biden and Feinstein. Kavanaugh says it was possible.
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Leahy: Did he ever hand you material separately from what was sent via email? Kavanaugh: Could you give me something specific? L: Documents marked confidential? K: "It wouldn't have raised anything in particular in my mind."
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Oh, here we are. All of this is about "committee confidential" documents.
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Leahy: "I want Judge Kavanaugh to see the emails, which came from Mr. Miranda." Grassley is unhappy. Leahy also is unhappy.
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"There are at least 6 documents that are marked committee confidential" that relate to this, Leahy says.
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Leahy showed a video. Grassley said this is a precedent-making move, so he read a whole thing about this, and is letting Kavanaugh provide more video if he wishes. The Senate is a helluva thing.
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The video is about warrantless surveillance program. Kavanaugh notes the video is about the "terrorist surveillance program." Kavanaugh says he had not previously been read in to the program.
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Asked if he ever worked with John Yoo on warrantless surveillance. Kavanaugh says it was "all hands on deck" after Sept. 11. "There was so much going on in the wake of Sept. 11. ... We had eight lawyers in there ... and there were so many issues to consider."
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L: "Can a president issue a pardon in exchange for a bribe?" Kavanaugh says there could be a secondary crime of the bribe, in addition to whatever was being pardoned, and he wouldn't want to conflate them. Also: "The question of self-pardon is something I have never analyzed."
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Graham is up. Asks if Kavanaugh ever knowingly was involved in the theft of emails. K: No. G: Was he involved in the creation of the warrantless surveillance program? K: No.
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Graham asks Kavanaugh if he wants to respond to the Parkland father who was at the hearing. "I base my decisions on the law ... but I do so with an awareness of the facts." He says he understands the passion people feel about issues. He did not directly address the father.
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Kavanaugh used the question to talk about meeting homeless people by volunteering to help provide meals to homeless people through the church.
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After a break from protesters, a protester mentioning queer rights is arrested and removed as we approach noon.pic.twitter.com/AqsSNvLvX8
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Graham asks about Roe. "Would you listen to both sides?" K: I always do. G: When it comes to overturning longstanding precedent, how do you do it? K: Restating his "precedent-on-precedent" discussion, he adds, "There are factors you look at when considering any precedent."
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Graham asks him about what he did on Sept. 11. G: "When somebody says, post-9/11, we've been at war on terrorism?" K: Says yes, because the AUMF is still in effect.
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After break, Durbin is up. He criticizes the document process, specifically going around NARA.
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Durbin is now asking about the Haynes nomination, and Kavanaugh's answers back in 2006 about the nomination and treatment of detained individuals.
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We had our first afternoon interruption just now.
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K: "I told the truth about that. My name is not in the reports." Durbin asks if K was involved in the Dec. 2005 torture ban bill signing. "I can't recall what I said," Kavanaugh said, adding that there was much discussion within the White House.
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Durbin asks about Kavanaugh's Garza dissent — about the undocumented minor who was seeking an abortion. Kavanaugh says SCOTUS parental consent cases are the most analogous cases. Durbin says that Kavanaugh is ignoring the judicial bypass provision, which she had done.
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Kavanaugh reads a line from Casey: "Minors benefit from consultation about abortion." Durbin says that Kavanaugh is adding to the requirements of Texas law.
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Kavanaugh continues to ignore Durbin's notes about the fact that the federal gov't was placing additional requirements on the minor above and beyond the Texas law requirements.
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In sum, Kavanaugh says: "I did my level best in an emergency posture. I did my best to follow precedent."
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We moved on to slaughterhouses — but not The Slaughterhouse Cases. Instead, it's Agri Processor Co. v. NLRB. https://caselaw.findlaw.com/us-dc-circuit/1319922.html … He says he thinks he was right.
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"You failed to follow Supreme Court precedent," Durbin says, noting that the ALJ, NLRB, and two appeals court judges disagreed with him.
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Grassley has another appointment, so Lee is temporarily taking the chair. Now up, Cornyn.
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Three more protesters get up before being removed. The final protester referenced Citizens United.pic.twitter.com/tak1mvfIq5
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Two more protesters, one by one, as Cornyn proceeds, who is talking about how judges decides matters on a case-by-case basis.
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A teen stands on a chair: "I'm 18, and I'm here for the youth of the country. You're ruining my future." A second young person follows.
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