Flake asks about constraint on the executive, noting his issues with Trump. Appropriations power, Senate confirmation power, the "ultimate remedies" — impeachment and expulsion — and "there are statutes that regulate" presidential and executive actions. "There are norms."
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The look when Tillis cut in to question Booker’s handling of his questioning.pic.twitter.com/S32wA1nZSa
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Booker is ending on voting rights, and voter ID.
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Booker: "Your answers don't provide me comfort."
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Lee says Booker was referring to "committee confidential" documents. Booker counters that the process is "rigged" b/c there's no reason an email about racial profiling should be comte confid. Lee says he agrees; doesn't know why it was marked comte confid.
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That was a kinda remarkable exchange. Lee basically disclaimed the secrecy here, said he had nothing to do with the decision to make the docs comte confid and didn't think that one should be.
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Again, this is, in part, a result of the unprecedented way the documents are being handled. It isn't NARA making the first call and then presidents, former and current, objecting. It's just GWB's office making the first call, and then letting DOJ direct that more be kept secret.
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Cameras in the courtroom. Kavanaugh says that others oppose it, so he’s wanting to back off until he’s there, “if I’m lucky enough to be there.” He then begins to add a caveat: “As to the decisions, if I were starting — I think I’ll stop there.” Sounded like he’d be OK w that!
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Note: Earlier this summer, the Supreme Court denied a request from a group of reporters for the audio of the opinion announcement in the travel ban case, Trump v. Hawaii, to be released early.
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Kennedy has moved on to talking about Chevron deference.
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Sen. Harris is up. She asks if he's discussed Mueller with anyone? Then, she asks specifically about the Kasowitz firm. Kavanaugh: "I'm not remembering."
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Lee raises an objection. Says law firms have lots of people at them — and then is interrupted by a protester — but then continues to say there's a lot of people at firms.
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Harris: "Have you had any discussion with anyone ever about Bob Mueller or his investigation?" Kavanaugh: "I've talked to fellow judges." H: "Anyone else?" K: "The fact that it's ongoing, it's in the news, yes."
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Harris: "Did you talk with anyone at Kasowitz Benson and Torres about the Mueller investigation?" Kavanaugh says he doesn't know everyone who works there so he couldn't answer.
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Paging the staff of Sen.
@KamalaHarris. I'd sure like to know what all of that was about. Thanks.Show this thread -
NOTE: Today's hearing began 12 hours ago.
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Harris asks about Griswold and Eisenstadt. He talks about the court and Pierce and Meyer. She says she's asking what he thinks. He continues talking about the cases. Eventually: "I think Justice White's concurrence is a persuasive opinion. ... I have no quarrel with it."
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Then, on a woman's right to terminate a pregnancy, he demurs, going back to his unwillingness to answer that. Harris then asks if there are any laws that give the gov't power to make decisions about a male body? He says he can't think of any.
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Here's that oddly unresolved Harris/Kavanaugh exchange on Mueller's investigation and Kasowitz —>https://twitter.com/cspan/status/1037514830490607617 …
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"I do follow election law blogs," Kavanaugh says. Cc:
@rickhasen, author of "Election Law Blog." https://electionlawblog.org/Show this thread -
Tillis is up. (My goodness. I thought we were done.)
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Tillis: "Are you Judge Kozinski?" So, you can see where this is at.
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Tillis is ignoring all of the other work that Kavanaugh and Kozinski did together since, including working to vet Kennedy's clerks and the fact that Kozinski introduced Kavanaugh at his confirmation hearing. He then said that Democrats should be asking Paul Watford questions.
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Tillis is now asking about opinions when Kavanaugh ruled in ways he didn’t like: for Hamdan, for Emily’s List, against the RNC, against Sec. Rice ...
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Tillis says that some people are concerned about Kavanaugh’s views on LGBT issues but says that Kavanaugh while in the White House counsel’s office ... once attended a meeting to talk to Log Cabin Republicans. So, OK?
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And, at 10:08p, we recess for the night. The committee will be back for a 20-minute round at 9:30a.
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Hope you all enjoyed that 13-hour thread!
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End of conversation
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