Kavanaugh hearing: day one
That brings us to the end of the first day of what will surely be several more days of hearings on the supreme court nomination of Brett Kavanaugh.
The eight-hour hearing got off to an chaotic start. Senator John Cornyn, the second-ranking senate Republican, described the scene as “mob rule” as Democrats repeatedly angrily interrupted to demand that the Republican-majority delay the hearing until they have more time to read the documents released. The Republican chair, Chuck Grassley, dismissed the request and continued with the hearing.
Outside the room, women wore the red robes worn in Margaret Atwood’s Handmaid’s Tale to signify the threat they say Kavanaugh poses to women’s rights. In total, the US Capitol police said they arrested 70 people for demonstrating during the hearing. Throughout the day, senators were repeatedly interrupted by protesters. In total, 70 protesters were arrested and removed from the room or the nearby premise.
In their opening remarks, Democrats sought to portray Kavanaugh as ideologue who is “outside of the mainstream” and will shift the balance supreme court sharply to the right. Republicans defended Kavanaugh’s record and accused Democrats of using “scare tactics” to gin up opposition to his nomination.
Under oath, Kavanaugh vowed not to make decision based on “personal and policy preferences” and said: “I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.”
Tomorrow, senators will have their first opportunity to publicly questions Kavanaugh. Democrats are expected to aggressively press Kavanaugh on his views on abortion, same-sex marriage, gun control and executive power among other issues. Republicans are likely to defend Kavanaugh as a highly qualified nominee.
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US Capitol Police: 70 arrested for demonstrating during Kavanaugh hearing
In a statement, the US Capitol Police said that 61 individuals were removed from the Committee room in the Hart Senate Office Building and charged with disorderly conduct.
Nine other were removed from the second floor of the Dirksen Senate Office Building for unlawful demonstration activities and charged “crowding, obstructing, or incommoding”.
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As Kavanaugh delivered his remarks, Trump accused Democrats of inflicting “pain and embarrassment” on Kavanaugh.
....looking to inflict pain and embarrassment to one of the most highly renowned jurists to ever appear before Congress. So sad to see!
— Donald J. Trump (@realDonaldTrump) September 4, 2018
Supreme Court hearing adjourned until Wednesday
Grassley says the senate will recess until tomorrow morning at 9:30am EST when the senators will begin questioning the nominee.
Kavanaugh concludes his remarks:
I am an optimist. I live on the sunrise side of the mountain, not the sunset side of the mountain. I see the day that is coming, not the day that is gone. I am optimistic about the future of America and the future of our independent Judiciary. I revere the Constitution. If confirmed to the Supreme Court, I will keep an open mind in every case. I will do equal right to the poor and to the rich. I will always strive to preserve the Constitution of the United States and the American Rule of Law.
Kavanaugh becomes emotional as he thanks his friends for their support over the last several weeks.
This past May, I delivered the commencement address at Catholic University Law School. I gave the graduates this advice: Cherish your friends. Look out for your friends. Lift up your friends. Love your friends. … Over the last 8 weeks, I have been strengthened by the love of my friends. I thank all my friends.
He is now introducing his daughters. He said both will be in and out of the hearing room over the next few days. Margaret has gotten her braces off and turned 13, he says. Of Liza, he says, “no one gives a better hug”.
He says his wife is a “strong West Texan” who is now the “popular town manager of our local community”.
“This has not exactly been the summer she had planned for our family. I am grateful for her love and inspiration,” he says.
Kavanaugh calls his mother one of his “judicial heroes” and said he still turns to her trademark line: “Use your common sense. What rings true? What rings false?”
His remarks seems focused on responding to attacks that he would roll back civil rights and criticism that his conformation would threaten protections for women, people of color, LGBTQ people and the poor.
I vividly remember days as a young boy sitting in the back of my mom’s classroom as she taught American history to a class of African-American teenagers. Her students were born before Brown versus Board of Education or Bolling versus Sharpe. By her example, my mom taught me the importance of equality for all Americans—equal rights, equal dignity, and equal justice under law.
He says a Supreme Court justice must play the role of an “umpire —a neutral and impartial arbiter who favors no litigant or policy”.
Over the past 12 years, I have ruled sometimes for the prosecution and sometimes for criminal defendants, sometimes for workers and sometimes for businesses, sometimes for environmentalists and sometimes for coal miners. In each case, I have followed the law. I don’t decide cases based on personal or policy preferences. I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.
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After praising the Senate and the president, Kavanaugh moves into the meat of his opening statement.
As a nominee to the Supreme Court, I understand the responsibility I bear. Some 30 years ago, Judge Anthony Kennedy sat in this seat. He became one of the most consequential Justices in American history. I served as his law clerk in 1993. To me, Justice Kennedy is a mentor, a friend, and a hero. As a Member of the Court, he was a model of civility and collegiality. He fiercely defended the independence of the Judiciary. And he was a champion of liberty. If you had to sum up Justice Kennedy’s entire career in one word … “liberty.” Justice Kennedy established a legacy of liberty for ourselves and our posterity.
Kavanaugh sworn in by the Senate Judiciary Committee
After nearly seven hours of listening silently to senators bicker, argue and opine, Kavanaugh will have a chance to respond.
He is now under oath.
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Next up is Lisa Blatt, a lawyer who has argued 35 cases before the supreme court. She says she’s an unabashed liberal, she voted for Hillary Clinton, calls Ruth Bader Ginsburg her “hero” and wishes Democrat Dianne Feinstein – not Republican Chuck Grassley – was chairing the committee.
And yet, she is before the committee urging Kavanaugh’s nomination.
“I was raised to call it like I see it and I don’t see the choice before you as difficult,” Blatt said.
She is testifying to his advocacy for women, an attempt to blunt the criticism that his confirmation would be a threat to reproductive rights and women’s health.
Kavanaugh is the “best choice” for liberals given the current political circumstances, she argued.
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Senator Rob Portman, a Republican from Ohio, is now testifying to Kavanaugh’s character and judicial record. He calls him a “thought leader among his peers” and says there is “no one more qualified”.
Kavanaugh is guided by the “constitution and rule of law”, Portman says, and he believes that justices shouldn’t “legislate from the bench”.
“I know the man, he does things because it’s the right thing to do,” Portman says. As evidence, he told the senators that after meeting in his senate office, Kavanaugh went to serve the homeless later that evening. He didn’t tell Portman that’s where he was headed and the senator only found out after someone asked for a photo and tweeted it.
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Condoleezza Rice: Kavanaugh is a 'very good human being'
Former secretary of state Condoleezza Rice, who worked alongside Kavanaugh in the Bush White House, said the judge was “supportive and strong and caring” and that she valued his “integrity and good judgement”.
Like Harris, Rice invokes the nation’s history of segregation and the important role the Supreme Court has played in moving the nation forward. She says Kavanaugh would “thoroughly and faithfully” upholding the constitution.
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Grassley announces a short 15 minute to set up for the next stage of the hearing. Three people will introduce Kavanugh before he’s given a chance to make his opening remarks.
Sen. Kamala Harris, a Democrat of California and a possible 2020 contender, is unsparring in her remarks.
Harris said nominating someone to the Supreme Court is “personal” because “when we talk about our nations highest court and the men and women who sit on it, we’re talking about the impact that one individual on that court can have”.
She continued: “I am concerned your loyalty would be to the president who appointed you and not to the constitution.”
Harris announced her opposition to Kavanaugh in early July.
The first-term senator has distinguished herself on the committee for her aggressive approach to questioning the president’s cabinet and judicial nominees. But her prosecutorial style has drawn criticism from Republicans, who have accused her of grandstanding.
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After nearly six hours, the committee is reaching the end of the senator’s opening statements. When they finish, Kavanaugh is scheduled to be introduced by former secretary of state Condoleezza Rice, senator Rob Portman, a Republican of Ohio, and Lisa Blatt, a self-described “liberal feminist lawyer” who has argued nearly three dozen cases before the Supreme Court.
Sen. Grassley draws laughs from the crowd as he attempts to get Sen. Booker to wrap up as he blows through the 10-minute time limit during his opening remarks. Booker says he’s a “trailblazer” as extends it for a few more minutes.
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Actress Piper Perabo was among the dozens of protesters arrested during the Kavanaugh hearing. She is best known for her roles as CIA agent Annie Walker in the drama Covert Affairs and as the lead in the romantic musical Coyote Ugly.
I was just arrested for civil disobedience in the Kavanaugh hearings.
— Piper Perabo (@PiperPerabo) September 4, 2018
Many citizens before me have fought for the equal rights of women. I can’t be silent when someone is nominated to the Supreme Court who would take our equal rights away.#StopKavanaghpic.twitter.com/f3SG7gmVam
Here’s a better look at the photo that may come to define this hearing.
Fred Guttenberg, the father of Jamie Guttenberg who was killed last year in a school shooting at Stoneman Douglas High School in Parkland, Florida, left, attempts to shake hands with supreme court nominee Brett Kavanaugh, right, as he leaves for a lunch break.
Some background on the gun politics at play over Kavanaugh’s nomination from The Guardian’s Lois Beckett.
In August, the @NRA touted that they were launching "a seven-figure national and regional advertising campaign" to support Kavanaugh's confirmation. The @NRA ad is here: https://t.co/nNgFsaB78g
— Lois Beckett (@loisbeckett) September 4, 2018
White House: Security 'intervened' before Kavanaugh could shake Guttenberg's hand
The White House deputy press secretary Raj Shah has responded Guttenberg’s tweet. Shah says that security “intervened” before Kavanaugh was able to shake his hand.
NEW VIDEO of hearing room clearly shows security intervened when Judge #Kavanaugh was approached. pic.twitter.com/ZGRRCcWroW
— Raj Shah (@RajShah45) September 4, 2018
Shah claims that video of the exchange affirms the White House account that security intervened before Kavanaugh could shake Guttenberg’s hand.
Watch for yourself:
Wow, here you can hear @fred_guttenberg telling Kavanaugh that his daughter "was murdered in Parkland," and Kavanaugh whirls and walks away pic.twitter.com/VdkTij2Vdp
— Tommy Christopher (@tommyxtopher) September 4, 2018
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Retiring Sen. Jeff Flake is the first Republican to suggest he may have some hard questions in store for Kavanaugh on where he stands regarding executive authority.
The Arizona senator, who is retiring at the end of his term, said concerns over Kavanaugh’s nomination stem from the fact that the White House “doesn’t seem to understand and appreciate separation of powers and the rule of law”.
“I have that concern as well,” he says.
GOP Sen. Jeff Flake says he shares Democrats’ concern over Trump’s Supreme Court pick Brett Kavanaugh that stems from an “administration that doesn’t seem to understand and appreciate separation of powers and the rule of law” pic.twitter.com/v5skPdL282
— CNN Politics (@CNNPolitics) September 4, 2018
Flake pointed to Trump’s tweet yesterday in which the president attacked the Justice Department for bringing charges against two Republican congressman. Flake said he plans to ask “a number of questions” on the subject of executive authority.
Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff......
— Donald J. Trump (@realDonaldTrump) September 3, 2018
Flake also noted Kavanaugh ran the Boston Marathon twice. “I’m not sure what that says about your soundness of mind,” he teases.
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Associated Press photographer Andrew Harnik has captured the moment when Kavanaugh refused to shake Guttenberg’s hand.
Fred Guttenberg, the father of Jamie Guttenberg who was killed in the shooting in Parkland, Fla., left, tries to shake hands with @realDonaldTrump's Supreme Court nom., Brett Kavanaugh, right, during a lunch break. Kavanaugh did not shake his hand. (AP Photo/Andrew Harnik) @ap pic.twitter.com/smcCGuLT6X
— Andrew Harnik (@andyharnik) September 4, 2018
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There has been some buzz over Sen. Sasse’s use of the word “hysteria” to accuse pro-abortion activists of crying wolf over the potential threat a conservative supreme court nominee could pose to Roe v Wade.
"Hysteria is undoubtedly the first mental disorder attributable to women, accurately described in the second millennium BC, and until Freud considered an exclusively female disease." https://t.co/Mkdrknkgob
— Irin Carmon (@irin) September 4, 2018
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Parkland victim father: Kavanaugh refused to shake my hand
Fred Guttenberg, the father of Parkland shooting victim Jaime Guttenberg who is attending the hearing, said he attempted to introduce himself to Kavanaugh.
Just walked up to Judge Kavanaugh as morning session ended. Put out my hand to introduce myself as Jaime Guttenberg's dad. He pulled his hand back, turned his back to me and walked away. I guess he did not want to deal with the reality of gun violence.
— Fred Guttenberg (@fred_guttenberg) September 4, 2018
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That face says it all...
Pic of the day, via @drewangerer pic.twitter.com/FMmvdkpMKj
— Elana Schor (@eschor) September 4, 2018
A moment of levity as Sen. Ben Sasse congratulates Sen. Amy Klobuchar on her remarks, which made reference to Hamilton, James Madison and the Magna Carta, among others judicial minds and documents.
Poll: Americans divided on Kavanaugh's nomination
At the start of the confirmation hearing on Tuesday, a new ABC News/Washington Post poll finds support for his appointment is among the lowest for a high court nominee since 1987.
“Only two nominees have had weaker public support: Harriet Miers, who withdrew her nomination, in 2005; and Robert Bork, rejected by the Senate in 1987,” according to ABC.
- 38% of Americans say Kavanaugh should be confirmed to the Supreme Court
- 39% of Americans say the judge should not be confirmed while the rest undecided in this poll.
- Six in 10 Americans also say Kavanaugh should publicly state his position on abortion before being confirmed, the poll found.
Planned Parenthood urges rejection of Kavanaugh
As the hearings kicked off, Planned Parenthood Tuesday announced a new six-figure ad buy, urging senators to reject Kavanaugh.
The TV and radio ads will run in Alaska, the home state of Senator Lisa Murkowski, a moderate Republican considered one of the few swing votes on the supreme court nomination. Susan Collins, the Maine Senator and other swing vote, has also been the target of ads. Abortion rights groups fear Kavanaugh’s confirmation could spell the end of Roe v Wade, which guarantees the legality of abortion. Both Murkowski and Collins would have to vote against him to kill the confirmation.
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Grassley announces that the committee will take a brief 30-minute break.
While the senators deliver their opening statements, we’re waiting for an announcement from Arizona governor Doug Ducey, who is expected to name former senator Jon Kyl to replace senator John McCain, who died last month from brain cancer.
Cindy McCain, John McCain’s widow who was considered a possible replacement, said on Twitter that Kyl is a “dear friend” and that the appointment is a “great tribute to John that he is prepared to go back into public service to help the state”.
Jon Kyl is a dear friend of mine and John’s. It’s a great tribute to John that he is prepared to go back into public service to help the state of Arizona.
— Cindy McCain (@cindymccain) September 4, 2018
Arizona’s junior senator Jeff Flake, who is retiring, called it an “excellent choice” and said there is “no one more qualified” to serve the state for a second turn.
Governor Ducey has selected Senator Jon Kyl as Senator McCain’s replacement. What an excellent choice! There is no one more qualified and Arizona is well served. Kudos to Senator Kyl for his willingness to serve once again.
— Jeff Flake (@JeffFlake) September 4, 2018
Republicans hold the narrowest 50-49 majority in the Senate, leaving Mitch McConnell little room for error on the Kavanaugh nomination should the vote fall along party-lines.
Kyl helped sherpa Kavanaugh through the vetting process and his appointment will give Republicans cushion should a GOP senator waver in their support for the nominee.
For more on what the appointment means:
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One by one the members of the Senate Judiciary Committee are delivering their opening remarks. The Republicans are accusing Democrats of impugning Kavanugh’s distinguished record for partisan gain. Democrats are offering a glimpse of the questions they plan to ask Kavanaugh during the questions portion of the hearing (likely tomorrow).
Sen. Dick Durbin, the No. 2 Senate Democrat, acknowledged the protests at the top of his remarks: “What we’ve heard is the noise of democracy. This is what happens in a free country when people can stand up and speak.” He added, in a rebuke of Cornyn: “It is not mob rule.”
Durbin closes by asking Kavanugh to show that he has nothing to hide by calling on the committee to suspend the hearing until his records are released to the public.
“Step up, ask this gathering to suspend,” Durbin said, as Kavanaugh scribbled in his notepad. (These are just opening remarks, so the judge can’t actually respond yet.)
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Republicans counter that Democrats have already made up their minds about Kavanaugh and that their interruptions and delay requests are just for show.
(1) Booker at the Kavanaugh hearing: We just need more time to carefully consider this nomination. What’s the Rush?
— Guy Benson (@guypbenson) September 4, 2018
(2) Inbox, moments ago: pic.twitter.com/GUj7NIyf9B
Republicans hand out this as the senators continue to argue. “Minds made up” it says. “senate judiciary committee democrats rallied against judge Kavanaugh before the ink was dry on his nomination.” pic.twitter.com/VHTo0GkVpY
— Lauren Gambino (@laurenegambino) September 4, 2018
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Women's March: 30 women arrested during the hearing
More than 30 women have been arrested so far during today’s hearing on Brett Kavanaugh, according to the Women’s March. Among them were the group’s co-founders Linda Sarsour and Bob Bland, Women’s March senior advisor Winnie Wong and Orange is the New Black creator Piper Perabo.
“Women are disrupting this hearing today because our lives are at risk. Women will die if Kavanaugh is confirmed,” Rachel O’Leary Carmona, chief operating officer of Women’s March, said in a statement.
“Politicians on both sides of the aisle need to know – if you don’t stop Kavanaugh, we will make you pay in November and in 2020. If you’re a Democrat, we’ll primary you - if you’re a Republican, your seat will be flipped. The gloves are off, the rings are on, and we’re ready to resist the fight that chose us.
“There is a political price to pay if you’re complicit in Trump’s white supremacist agenda: you will be voted out.”
Sen. Cornyn begins his statement by remarking on how cooly Kavanaugh and his family have handled the protests.
Soon he’s interrupted by a woman outraged that the senators haven’t received all of teh requested documents on his record: “I had to have a background check to work in a laundromat!”
In conclusion, Cornyn says he hopes that every can take a “deep breath” as they move forward into the next phase of the hearing. “We’re not doing well so far,” he jokes, drawing a few polite laughs.
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Senator Patrick Leahy, a Vermont Democrat, called the hearing “not only shameful, it’s a sham”. He said pointedly as Kavanaugh sat stone-faced before him that the judge should not even be in the room.
Highlighting his 44-year service in Congress, Leahy said: the confirmation hearing is the “most incomplete, most partisan, least transport vetting for any supreme court nominee that I’ve ever seen and I’ve seen more of those than anyone serving in the senate today”.
This is a dangerous game to play in this age of stark partisanship. Nonetheless ...
Consider the flipside. A Democratic president is elected after vowing to pick SCOTUS nominees who'd overturn—for e.g.—the Heller gun rights ruling. Then the nominee refuses to say when asked and offers bromides about applying the law fairly. Would he/she get the benefit of doubt?
— Sahil Kapur (@sahilkapur) September 4, 2018
Feinstein introduces some of the notable attendees. Among them are cancer survivors, LGBTQ rights activists, reproductive rights activists, Fred Guttenberg, father of Parkland shooting victim Jaime Guttenberg, civil rights leader Al Sharpton.
Sen. Orrin Hatch, a Republican of Utah, says he knows a good nominee when he sees one. After all, he says, he’s been a part of 15 confirmation hearings and seen the appointments of every member of the eight justices currently on the court.
He accuses Democrats of “turning the volume up to 11” to convince the American public that Kavanaugh is the “four horseman of the apocalypse”.
But as his remarks are interrupted by multiple protesters, he becomes irritated and asks the chairman to stop the outbursts. “These people are so out of line they shouldn’t even be allowed in the doggone room,” he says.
Outside of the hearing room, protesters continue to chant “stop Kavanaugh”. They yell louder every time the door is open, drowning out the senator’s remarks.
“I’m sorry you’re going to have to go through some of this nonsense that’s coming your way,” Hatch says.
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Sen. Dianne Feinstein raises several protections and rights that she is worried Kavanaugh will roll back, including access to abortion, gun control, among other issues.
You’re being nominated for a pivotal seat. It would likely be the deciding vote on fundamental issues. ...
Behind the noise is really a very sincere believe that it is so important to preserve a multi-ethnic, multi-religious, multi-economic a court that really serves the people and really serves this great democracy. That’s my worry.
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US Capitol Police: 22 protesters arrested at hearing
A spokeswoman for the Capitol Police said that as of 10:19am EST, 22 individuals have been arrested so far this morning. They have been charged with disorderly conduct.
At least half a dozen more protesters were removed from the hearing room since then. Police say they will update the count at the end of the day.
Meanwhile, the White House is apparently tallying the number of times Democrats have interrupted the hearing.
The White House is tallying interruptions during Kavanaugh’s hearing pic.twitter.com/ppiu0x5yyR
— Seung Min Kim (@seungminkim) September 4, 2018
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In his remarks, Grassley calls Kavanaugh “one of the most qualified if not the most qualified nominee that I’ve seen” and “the kind of judge Americans want on the Supreme Court”.
He urges the judge to follow the precedent set by his predecessors and not provide explicit answers on how he might rule from the bench. Quoting justice Ruth Bader Ginsburg, the court’s liberal lion, Grassley advises Kavanugh to offer “no hints, no forecasts, no previews” of how he’d rule.
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Grassley’s opening statement is drowned out in the room by a series of protesters. The Iowa Republican doesn’t stop reading from his remarks.
“Kavanaugh is a threat to this democracy,” one man said. “We already went through this in the 80s,” another woman shouted.
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From the perch of this reporter, it’s impossible to see Kavanaugh’s face as the Democrats and Republicans argue. But here’s a look at what senators see.
Brett Kavanaugh through the entirety of his hearing so far. pic.twitter.com/hL06WLcfw4
— Jennifer Bendery (@jbendery) September 4, 2018
Here’s a little background on those “confidential documents” they keep referencing.
CONFIDENTIAL DOCS:
— Lisa Desjardins (@LisaDNews) September 4, 2018
- So far Grassley's office says only one Democrat has requested permission to talk about 4 documents.
- That's Klobuchar. Her request totals 12 pages, says Grassley's office.
Buckle in. The hearing began over one hour ago and no one has yet to give their opening statements.
We’re expecting opening statements from all the senators and Kavanaugh himself.
Senator Cornyn says he’s never seen a supreme court confirmation hearing overtaken by “mob rule.” The crowd titters at the comment.
“At some point are we going to get to hear from the nominee?” asks senator John Kennedy, a Republican from Louisiana. Grassley said he had hoped to hear from him before 2.30pm but isn’t sure anymore.
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Grassley: 'absolutely no reason' to delay Kavanaugh hearing
Senate Judiciary Chairman Chuck Grassley says there is "absolutely no reason" to delay Brett Kavanaugh's confirmation hearing pic.twitter.com/lUHnxtU3HE
— CNN Politics (@CNNPolitics) September 4, 2018
Blumenthal’s request for a vote to delay the hearing is dismissed as “out of order” by the chairman. Blumenthal says that if his motion is ignored and the hearing goes ahead, “this process will be tainted and stained forever.”
“Motion is denied,” Grassley said.
Democrats are arguing that they received “a 40,000 page document dump” on Monday night and have not had a chance to review them yet.
Senator Sheldon Whitehouse, a Democrat from Rhode Island, interjects to say that they would have to have read 7,000 pages an hour to finish the documents before today’s hearing.
Senator John Cornyn, the second-ranking Republican, said if the hearing were a courtroom his Democratic colleagues would be held in “contempt of court” for their lack of “civility”. The crowd boos.
The chairman says, drawing a light chuckle, that the reason he’s displaying such patiences is because he plans to keep the hearings going throughout the weekend and for as long as it takes to ultimately confirm Kavanaugh.
As such he says he’ll accomodate Democrats objections and requests: “It takes longer to argue why you shouldn’t do anything than to just let people argue. We’re going to be in session Tuesday, Wednesday, Thursday, Friday, Saturday... However long they’re going to take. If people have got something to say this chairman’s going to let them say it.”
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Some perspective on this morning’s raucous start
I’ve covered five other Supreme Court confirmation hearings. None of them included anything like the chaos in the opening minutes of the Kavanaugh hearings this morning.
— Adam Liptak (@adamliptak) September 4, 2018
Kavanaugh is here with his wife, Ashley, his two daughters, Margaret and Liza, his parents and extended family. He is now being given an opportunity to introduce himself and his family.
Here’s Kavanaugh arriving in the hearing room earlier this morning:
Supreme Court nominee Brett Kavanaugh has arrived for his first day of confirmation hearings before the Senate. https://t.co/zM9mcuhYvS
— ABC News (@ABC) September 4, 2018
Watch it live: https://t.co/om79ODyWih pic.twitter.com/A0KWBj7qwv
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This hearing is off to a turbulent start.
Democrats interrupted Chairman Chuck Grassley, a Republican of Iowa, the moment he started his opening statement. They’re demanding a delay in the hearing until more documents are released and there is more time to review the documents that have been released.
The first request came from Senator Kamala Harris, a Democrat of California. Senator Richard Blumenthal, a Democrat of Connecticut, then asked for the meeting to be postponed. The small gallery of observers erupted in applause. And then several women began shouting “Vote no on Kavanaugh”.
One woman shouted as she was removed from the hearing: “If you vote for Brett Kavanaugh we will replace you.” Another shouted: “My daughter deserves the right to choose.”
Meanwhile, Democrats and Grassley continue to go back and forth.
Another outcry: "If you vote for Brett Kavanaugh we will replace you."
— Lauren Gambino (@laurenegambino) September 4, 2018
Democrats meanwhile are trying to get the hearing postponed. https://t.co/w4C1C5Q2C7
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Opponents of Kavanaugh protested his nomination outside the Hart office building where he is set to testify on Tuesday morning. Some protesters wore red robes and white caps which are worn by the handmaids in Margaret Atwood’s dystopian novel.
Though they remain silent, their message is clear: Kavanaugh’s nomination will roll back women’s rights
Protesters wearing Handmaids Tale robes outside of the Supreme Court confirmation Heading for Brett Kavanaugh this morning pic.twitter.com/ZAKajK3Dy7
— Lauren Gambino (@laurenegambino) September 4, 2018
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Ahead of the hearing, Democratic members of the Senate judiciary committee held a press conference railing against what they called a “historically secretive and opaque” vetting process. They blamed Senate Republicans and the Trump administration for “hiding” millions of documents related to Kavanaugh’s work in the Bush White House and warned that his confirmation would pose a threat to key protections and rights.
Dianne Feinstein, the ranking Senate Democrat on the committee, said:
This morning, the Senate is going to hold hearings on the nomination of Brett Kavanaugh to the United States supreme court. He’s being nominated to a seat that’s pivotal, that will be the deciding vote on some of the most important issues of our day. So the Democratic caucus has gathered here today to essentially state a silent protest. We will attend the meetings, we will question assiduously, but we want to express our concerns. I’ve had 9 supreme court hearings. Pat Leahy has had more than I. But I’ve never had a hearing like this where documents are so difficult to get. When Justice Scalia died, Republicans refused to even meet with President Obama’s nominee, and they held the seat open for the entire year. Now with a Republican in the White House they’ve changed their position. The majority rushed into their hearing, and is refusing to even look at the nominee’s full record. 93% of the records from Kavanaugh’s tenure in the White House as counsel and staff secretary have not been provided to the Senate and 96% are hidden from the public. And now for the first time ever, we’ve been told the White House is withholding over 100,000 pages from Kavanaugh’s tenure in the White House counsel’s office with no explanation of what the topics are and no formal claim of executive privilege. And last night 42,000 documents were sent over. Obviously no one has been able to look at them yet. Judiciary Democrats are sending a letter to White House counsel demanding these documents be immediately turned over to the Senate.
As you know, executive privilege has never before been invoked to block the release of presidential records to the Senate during a supreme court nomination. In fact when Elena Kagan was nominated President Obama announced he would not invoke executive privilege over any of her White House records. When John Roberts was nominated, President Bush announced he would not invoke executive privilege over any of his White House records. And when Justice Rehnquist was nominated, the committee refused to go forward with hearings until the White House produced records over which it initially indicated it might claim privilege. By contrast the Trump White House is withholding thousands of pages of Brett Kavanaugh’s records from Congress and admits it’s doing so without actually asserting a legal privilege.
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Opening summary
The supreme court confirmation hearings for Judge Brett Kavanaugh begin on Tuesday. If confirmed, Kavanaugh, 53, would be the crowning achievement of a 30-year effort by conservatives to reshape the federal judiciary. The hearing is expected to last four days.
We’ll take you live to Hart 216, the room where the members of the Senate judiciary committee will question the Republican stalwart whose confirmation would probably solidify a conservative majority on the nation’s highest court.
The first day of hearings will include opening statements from the chair, Chuck Grassley, a Republican, and the ranking Democrat, Dianne Feinstein as well as the other senators and Kavanaugh himself. Questions are expected to begin on Wednesday, and votes in committee and on the Senate floor could occur later in September.
Expect Kavanaugh’s opponents to pose sharp questions as they try to extract definitive answers from the nominee on issues such as abortion rights and executive authority. Democrats are already infuriated by the White House’s decision to withhold 100,000 documents related to the judge’s work in George W Bush’s administration.
Republicans will likely use their time to cast Kavanaugh as a supremely qualified and well-respected judge. It is unlikely they will present him with tough questions.
Senate Majority Leader Mitch McConnell has said he wants Kavanaugh confirmed before the court begins its new term on 1 October.
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