The third day of Kavanaugh hearings is underway. Booker is currently telling the committee he'll release some emails that have been marked "committee confidential." (Feel free to mute this thread.)
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Booker now says he wouldn't be violating Senate rules because there is no actual rule.
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Booker: "This is about the closest I'll ever have in my life to an 'I am Spartacus' moment."
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Cornyn reads Senate Rule 29.5 (I believe) that he says allows expulsion for releasing confidential documents. Booker: "Bring it."
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Schumer isn't on Senate Judiciary, but he's weighing in via Twitter:https://twitter.com/SenSchumer/status/1037709162216660992 …
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Grassley ends the committee's discussion and moves on to questions. Protesters begin shouting one by one.
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On cameras in SCOTUS, Kavanaugh draws a distinction with oral arguments and decision announcements. (Having live audio during opinion announcements, at a minimum, would be awesome.)
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Feinstein is up now and asking Kavanaugh about the "committee confidential" Roe v. Wade email in the NYT story this morning.
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Kavanaugh says his edit in the email was focused on the views of legal scholars, says he was concerned about accuracy. On broader point, he repeats comments that Roe is an "important precedent."
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I took a quick look at what Kav said on abortion, Roe, and Casey during yesterday's hearing here:https://newrepublic.com/article/151074/brett-kavanaugh-confirmation-hearing-abortion-comments …
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Meanwhile, Booker just posted the committee confidential emails that he promised to release earlier this morning: https://www.scribd.com/document/387988906/Booker-Confidential-Kavanaugh-Hearing …
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Here's the passage that Booker mentioned last night where Kavanaugh describes the DOT regulation at issue in Adarand Constructors v. Pena as a "naked racial set-aside."pic.twitter.com/iT3deI11xw
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For clarity, here's Justice O'Connor's description of the DOT regulation to which Kavanaugh was referring: https://www.law.cornell.edu/supremecourt/text/515/200 …pic.twitter.com/NTjsqSSeb4
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Kavanaugh, on last night's Kasowitz/Mueller's Qs from Harris: "I don't recall any conversations of that kind with anyone at that law firm."
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Hatch, in reference to last year's Microsoft Ireland case: "How do we interpret our laws in light of changing technologies?" Kav: "I think the job of the judge is to focus on the words written in the statute."
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More committee confidential docs, this time from Hirono:https://twitter.com/maziehirono/status/1037721832043020289 …
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Hatch now asking Kavanaugh about mens rea reform, a major fissure between Ds and Rs on criminal-justice reform. Wrote more on this last year:https://www.theatlantic.com/politics/archive/2017/10/will-congress-reform-criminal-intent/544014/ …
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Kavanaugh did not directly address that fissure, of course, but recited cases in which he questioned sentencing decisions where the defendant didn't have full knowledge of the offenses.
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Leahy is up now, returnning to the Manny Miranda line of questioning he raised yesterday. Context from then: https://www.motherjones.com/politics/2018/09/kavanaugh-manny-miranda-leahy/ …
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Leahy: Has anyone told you what Democratic senators have been advised to do by our staff at this hearing? Kav notes that senators mentioned relevant issues in private meetings.
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Leahy: "Why would you ever be asked to keep secret Democratic talking points if they were legitimately obtained?" Kav says the materials didn't raise red flags with him.
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The committee is back from its lunch recess. Durbin is up now.
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Durbin: "We have to take your nomination in the context of this moment in American history."
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Durbin recites Dem concerns about Kav's views on executive power, especially with Morrison v. Olson, the ruling that upheld the Independent Counsel Act.
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Kavanaugh notes that the Independent Counsel Act lapsed in 1999 after Democrats and Republicans both grew uncomfortable with it. (Mueller operates under a DOJ regulation.)
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Durbin: "Do you understand where we are as a nation now?"
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Kavanaugh: My record shows my commitment to the independence of the judiciary, adherence to the rule of law. "Nobody is above the law in the United States."
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Durbin: "What you've said is what I want to hear." But he still says he's concerned about Kav's past comments on Morrison and the unitary executive theory.
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Durbin returns to Kav's 2006 testimony, which he also covered yesterday. "I was not involved in crafting those policies," Kavanaugh reiterates.
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This is something Dems have struggled with re: this line of questions. Not all involvement is equal.https://twitter.com/Krhawkins5/status/1037745471501021189 …
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Lee brings up last night's Kasowitz questions from Harris, noting that more than 350 lawyers work there.
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Wydaje się, że ładowanie zajmuje dużo czasu.
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