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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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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(They quickly threw on those handmaid’s outfits as they stood up.)
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Whitehouse is up. He criticizes the "non-assertion assertion of executive privilege" involved at withholding documents from the committee.
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Whitehouse asking about the role of the Federalist Society in his nomination. K says Trump made his nomination. What about Leonard Leo's role? (Leo is on leave from his role at Fed Soc to help the White House w the nomination.) K: "I don't know. I don't know the specifics."
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Whitehouse brings up all of the money that the Judicial Crisis Network spends. Kavanaugh: "There are a lot of ads against me as well."
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Oof. I just looked up at the dais, and there are SO MANY SENATORS we've not yet heard from.
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Whitehouse is asking about amicus participation before the Supreme Court.
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One-two protester moment. A woman who started with clapping, goes on to: "We should have an impeachment hearing, not a confirmation hearing." A second: "We will not go back."
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Whitehouse pulls together Fed Soc, JCN, Pacific Legal Foundation and similar groups, and amicus efforts, with pro-corporate decisions to present a "tableau" that he says he finds troubling.
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Lee is up. Starts by asking if he had communication with Fed Soc after Kennedy's retirement announcement. Kavanaugh says no.
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Another abortion-related protester interrupts and is removed. The capitol police are getting noticeably rougher with their removal of protesters — pulling them by their full body quickly out of the side door of the room.
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Klobuchar is up, and is talking about the staff sec docs and the withheld 100K pages. Klobuchar suggests a distinction b/w WH and DOJ SG records. "There's one executive branch," Kavanaugh says. [Enter your unitary executive pieces.]
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On his view that CFPB is not constitutional, he notes the issue was particular to the fact that it was a "single director independent agency."
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"I didn't throw the agency out," Kavanaugh says, noting that he just said the director could be replaced at-will by POTUS.
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Klobuchar asks about campaign finance, noting his email questioning campaign contribution limits. See:https://www.cnn.com/2018/08/31/politics/kavanaugh-documents-contribution-limits/index.html …
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Kavanaugh notes that he upheld contribution limits in two cases.
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