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Judge Brett Kavanaugh Hearing Updates: Protests or ‘Mob Rule’ Judge Kavanaugh Hearing Updates: Protests or ‘Mob Rule’
(35 minutes later)
Right Now: The Senate Judiciary Committee, after a protest-filled start, is hearing opening statements.Right Now: The Senate Judiciary Committee, after a protest-filled start, is hearing opening statements.
• Judge Brett M. Kavanaugh’s hearing before the Senate Judiciary Committee on Tuesday began with a bang, as Democrats moved angrily to adjourn to consider newly released documents and protesters screamed in support. Senator John Cornyn, Republican of Texas, called it “mob rule.”• Judge Brett M. Kavanaugh’s hearing before the Senate Judiciary Committee on Tuesday began with a bang, as Democrats moved angrily to adjourn to consider newly released documents and protesters screamed in support. Senator John Cornyn, Republican of Texas, called it “mob rule.”
• Republicans hoped to use the hearings as an opportunity to extol the experience and distinguished résumé of Judge Kavanaugh, a Washington federal appeals court judge, as well as his advocacy for women in the judiciary and aversion to government regulations. Very few, if any, of the Republicans on the committee are likely to present the judge with tough opposition.• Republicans hoped to use the hearings as an opportunity to extol the experience and distinguished résumé of Judge Kavanaugh, a Washington federal appeals court judge, as well as his advocacy for women in the judiciary and aversion to government regulations. Very few, if any, of the Republicans on the committee are likely to present the judge with tough opposition.
• Democrats, if they get to the questioning, are expected to aggressively press Judge Kavanaugh on his positions on Roe v. Wade, the landmark abortion rights case in 1973; the scope of executive power; same-sex marriage; and several other issues for which Judge Kavanaugh, if confirmed, would very likely shift the ideological leanings of the Supreme Court.• Democrats, if they get to the questioning, are expected to aggressively press Judge Kavanaugh on his positions on Roe v. Wade, the landmark abortion rights case in 1973; the scope of executive power; same-sex marriage; and several other issues for which Judge Kavanaugh, if confirmed, would very likely shift the ideological leanings of the Supreme Court.
One of the biggest points of tension in the Kavanaugh confirmation hearings will be Judge Kavanaugh’s response to Democrats’ questions about whether he believes certain cases — notably Roe v. Wade, the 1973 landmark decision establishing a constitutional right to abortion — have been correctly decided.
In his opening statement, Senator Charle E. Grassley of Iowa, the Judiciary Committee chairman, laid the groundwork for Judge Kavanaugh to refuse to answer, by invoking what has come to be known as the “Ginsburg rule,” after Justice Ruth Bader Ginsburg, who was appointed by a Democratic president, Bill Clinton.
Declaring that it would be “unfair and unethical” for the judge to answer questions about specific cases, Mr. Grassley said: “It’s my advice to him to follow the example set by Judge Ginsburg,” adding that “a nominee should offer no hints, no forecasts, no views.”
Senator Dianne Feinstein of California, the committee’s ranking Democrat, said a dissent from Judge Kavanaugh opened a window on his views on abortion, one she said indicated that he would not support the constitutional right to abortion established in 1973 in Roe v. Wade.
Last year, Judge Kavanaugh said that allowing an undocumented teenager in federal custody to obtain an abortion was “based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand.” He said he would have given the government more time to find a sponsor for the teenager.
But Judge Kavanaugh did not join a separate dissent from Judge Karen LeCraft Henderson, who wrote that the teenager had no right to an abortion because she was not a citizen and had entered the country unlawfully.
Ms. Feinstein is one of the most ardent supporters of gun restrictions in the Senate, and in her opening statement she forecast that she intended to grill Judge Kavanaugh about what she regarded as his “out of the mainstream” views on gun rights.
She was referring to a dissent Judge Kavanaugh wrote in a case challenging a District of Columbia law that required gun owners to register their weapons, and banned possession of semiautomatic rifles.
The appeals court upheld the limits as constitutionally permissible under the Second Amendment. But in his dissent, Judge Kavanaugh argued that a ban on semiautomatic rifles should be unconstitutional because they “have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting and other lawful uses.”
For the senator, the issue of gun violence is personal. She became mayor of San Francisco more than 40 years ago when Mayor George Moscone and Harvey Milk, an openly gay politician, were shot and killed.
In her opening statement, she noted that President Trump had promised that whomever he nominated to the Supreme Court would be “anti-choice and pro-gun,” adding, “We believe what he said.”
Senator Patrick Leahy, Democrat of Vermont, said that Judge Kavanaugh’s still-hidden White House records could be particularly illuminating on a question of pressing urgency: understanding his views on the scope of executive power — and, in particular, whether sitting presidents should be immune from legal process, like subpoenas to testify in a criminal investigation — while they are in office.
Judge Kavanaugh came up in Washington conservative legal circles as a prosecutor working for Kenneth W. Starr’s independent counsel investigation into President Bill Clinton. But later, in a speech he made at a law school after serving in President George W. Bush’s White House and then becoming a judge, he said that the distraction of preparing for questions by criminal investigators would make a president do a worse job, so presidents should be excused from that burden until after they leave office.
His remarks were ambiguous: he said Congress should consider enacting a statute granting presidents temporary immunity while in office, which could suggest that the Constitution does not grant presidents that authority on its own. Still, he clearly indicated that he sympathizes with the idea that being subjected to legal process burden’s a president’s ability to carry out his constitutional responsibilities. And the Supreme Court has never decided whether a president can be forced to testify in response to a subpoena — something that it may address if Robert S. Mueller III, the special counsel investigating President Trump’s campaign ties to Russia, were to subpoena him.
Against that backdrop, Mr. Leahy said that Judge Kavanaugh’s “expansive view of executive power and executive immunity” may have intrigued Mr. Trump, while also noting that the president over the weekend attacked Attorney General Jeff Sessions for permitting the Justice Department to indict two Republican congressmen ahead of the midterm election.
“You’ve taken the unorthodox position that presidents should not be burdened with a criminal or civil has declared in the last 24 hours that the Department of Justice shouldn’t prosecute Republicans. Now, it’s — it’s Alice in Wonderland. And I find it difficult to imagine that your views on this subject escape the attention of President trump, who seems increasingly fixated on his own ballooning legal jeopardy.”
Senator Richard J. Durbin, Democrat of Illinois, picked up that line of attack, them amplified it.
The moment Judge Kavanaugh’s confirmation hearing opened, Democrats and protesters turned it into a verbal brawl. Senator Kamala Harris, Democrat of California, immediately interrupted the chairman of the Senate Judiciary Committee, Charles E. Grassley, demanding a delay to consider tens of thousands of pages of documents released Monday — the night before the hearing and a holiday.The moment Judge Kavanaugh’s confirmation hearing opened, Democrats and protesters turned it into a verbal brawl. Senator Kamala Harris, Democrat of California, immediately interrupted the chairman of the Senate Judiciary Committee, Charles E. Grassley, demanding a delay to consider tens of thousands of pages of documents released Monday — the night before the hearing and a holiday.
Other Democrats backed her, especially the senators considering a run for the White House in 2020, as did women’s rights protesters, several of whom were arrested and thrown out as they decried the sessions as a sham.Other Democrats backed her, especially the senators considering a run for the White House in 2020, as did women’s rights protesters, several of whom were arrested and thrown out as they decried the sessions as a sham.
“We cannot possibly move forward, Mr. Chairman, with this hearing,” one of the presidential aspirants, Senator Harris, declared.“We cannot possibly move forward, Mr. Chairman, with this hearing,” one of the presidential aspirants, Senator Harris, declared.
Senator Richard Blumenthal of Connecticut called the hearing “a charade and a mockery.”Senator Richard Blumenthal of Connecticut called the hearing “a charade and a mockery.”
“What are we trying to hide? Why are we rushing?” asked Senator Patrick J. Leahy, Democrat of Vermont.“What are we trying to hide? Why are we rushing?” asked Senator Patrick J. Leahy, Democrat of Vermont.
As the Democrats spoke, activists were dragged, shouting, one by one out of the hearing room. “We dissent! Vote no! Vote no!” one cried.As the Democrats spoke, activists were dragged, shouting, one by one out of the hearing room. “We dissent! Vote no! Vote no!” one cried.
[Read more about how the G.O.P under Trump is carrying out a sweeping transformation of the federal judiciary.][Read more about how the G.O.P under Trump is carrying out a sweeping transformation of the federal judiciary.]
Mr. Grassley argued that the committee has received “more materials on Judge Kavanaugh than we have had on any Supreme Court nominee in history.”Mr. Grassley argued that the committee has received “more materials on Judge Kavanaugh than we have had on any Supreme Court nominee in history.”
He said Republican aides have already reviewed the 42,000 documents that arrived Monday night. “That’s no reason to delay the hearing.”He said Republican aides have already reviewed the 42,000 documents that arrived Monday night. “That’s no reason to delay the hearing.”
Democrats quieted down — temporarily — and the hearing appeared to be getting underway with Judge Kavanaugh introducing his family — including his wife, his parents, an aunt and uncle and cousins.Democrats quieted down — temporarily — and the hearing appeared to be getting underway with Judge Kavanaugh introducing his family — including his wife, his parents, an aunt and uncle and cousins.
But as soon as he finished, Democrats renewed their request to delay the hearing.But as soon as he finished, Democrats renewed their request to delay the hearing.
Even the lawmakers present acknowledged that there had never been such a contentious opening to a hearing for a nominee for the Supreme Court.Even the lawmakers present acknowledged that there had never been such a contentious opening to a hearing for a nominee for the Supreme Court.
“This is something I’ve never gone through before in 15 Supreme Court nominations,” said Mr. Grassley, before explaining the procedures of the hearing to Senator John Kennedy, a freshman senator from Louisiana.“This is something I’ve never gone through before in 15 Supreme Court nominations,” said Mr. Grassley, before explaining the procedures of the hearing to Senator John Kennedy, a freshman senator from Louisiana.
Senator Cornyn called it “mob rule.”Senator Cornyn called it “mob rule.”
And the chaos in the hearing room showed no signs of stopping — a steady stream of protesters interrupted Republican senators, and were led out by Capitol Police.And the chaos in the hearing room showed no signs of stopping — a steady stream of protesters interrupted Republican senators, and were led out by Capitol Police.
“I wish I didn’t have to put up with this kind of stuff,” Senator Orrin Hatch said as one protestor yelling over him was escorted out. “I wish I didn’t have to put up with this kind of stuff,” Senator Orrin Hatch said as one yelling protester was escorted out.
Each member on the committee has 10 minutes to give a statement, before Judge Kavanaugh is introduced by Senator Rob Portman, Republican of Ohio; Condoleezza Rice, the former secretary of state; and Lisa Blatt, a self-described “liberal Democrat and a feminist” lawyer who has advocated Judge Kavanaugh’s confirmation.Each member on the committee has 10 minutes to give a statement, before Judge Kavanaugh is introduced by Senator Rob Portman, Republican of Ohio; Condoleezza Rice, the former secretary of state; and Lisa Blatt, a self-described “liberal Democrat and a feminist” lawyer who has advocated Judge Kavanaugh’s confirmation.
The hearing will adjourn after Judge Kavanaugh’s statement. On Wednesday and Thursday, the senators will have 50 minutes each to question Judge Kavanaugh. Among those dragged out of the hearing room: Linda Sarsour, the prominent Palestinian rights advocate and an organizer of the Women’s March.The hearing will adjourn after Judge Kavanaugh’s statement. On Wednesday and Thursday, the senators will have 50 minutes each to question Judge Kavanaugh. Among those dragged out of the hearing room: Linda Sarsour, the prominent Palestinian rights advocate and an organizer of the Women’s March.
The fight over records concerning Judge Kavanaugh came as no surprise to Senate Republicans. Some of them, including Senator Mitch McConnell, the Republican leader, feared in July — when President Trump was choosing among the finalists — that Judge Kavanaugh’s enormous paper trail could stall his nominationThe fight over records concerning Judge Kavanaugh came as no surprise to Senate Republicans. Some of them, including Senator Mitch McConnell, the Republican leader, feared in July — when President Trump was choosing among the finalists — that Judge Kavanaugh’s enormous paper trail could stall his nomination
New York Times reporters Maggie Haberman and Jonathan Martin wrote at the time that Mr. McConnell made clear in multiple phone calls with Mr. Trump and the White House counsel, Donald F. McGahn II, that Judge Kavanaugh’s paper trail would pose difficulties for his confirmation.New York Times reporters Maggie Haberman and Jonathan Martin wrote at the time that Mr. McConnell made clear in multiple phone calls with Mr. Trump and the White House counsel, Donald F. McGahn II, that Judge Kavanaugh’s paper trail would pose difficulties for his confirmation.
Because the number of pages ran into the millions, Mr. McConnell said they could hand Senate Democrats an opportunity to delay the confirmation vote until after the new session of the Supreme Court began in October.Because the number of pages ran into the millions, Mr. McConnell said they could hand Senate Democrats an opportunity to delay the confirmation vote until after the new session of the Supreme Court began in October.
Democrats focused intensely on the amount of information they say is being withheld from them about Judge Kavanaugh’s work in the White House under President George W. Bush.Democrats focused intensely on the amount of information they say is being withheld from them about Judge Kavanaugh’s work in the White House under President George W. Bush.
Thousands of pages of records have not yet been made public, and on Friday the Trump administration asserted executive privilege and refused to release more than 100,000 pages of records about Judge Kavanaugh’s time in the Bush White House.Thousands of pages of records have not yet been made public, and on Friday the Trump administration asserted executive privilege and refused to release more than 100,000 pages of records about Judge Kavanaugh’s time in the Bush White House.
An additional 42,000 pages of documents were released the night before the hearing, according to Senator Chuck Schumer, the minority leader, who raised complaints about the timing.An additional 42,000 pages of documents were released the night before the hearing, according to Senator Chuck Schumer, the minority leader, who raised complaints about the timing.
A press officer for the committee, responding via the committee’s Twitter account a few hours later, said the majority staff had “completed its review of each and every one of these pages.”A press officer for the committee, responding via the committee’s Twitter account a few hours later, said the majority staff had “completed its review of each and every one of these pages.”
One of the biggest points of tension in the Kavanaugh confirmation hearings will be Judge Kavanaugh’s response to Democrats’ questions about whether he believes certain cases — notably Roe v. Wade, the 1973 landmark decision establishing a constitutional right to abortion — have been correctly decided.
In his opening statement, Senator Grassley laid the groundwork for Judge Kavanaugh to refuse to answer, by invoking what has come to be known as the “Ginsburg rule,” after Justice Ruth Bader Ginsburg, who was appointed by a Democratic president, Bill Clinton.
Declaring that it would be “unfair and unethical” for the judge to answer questions about specific cases, Mr. Grassley said: “It’s my advice to him to follow the example set by Judge Ginsburg,” adding that “a nominee should offer no hints, no forecasts, no views.”
Ms. Feinstein said a dissent from Judge Kavanaugh opened a window on his views on abortion, one she said indicated that he would not support the constitutional right to abortion established in 1973 in Roe v. Wade.
Last year, Judge Kavanaugh said that allowing an undocumented teenager in federal custody to obtain an abortion was “based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand.” He said he would have given the government more time to find a sponsor for the teenager.
But Judge Kavanaugh did not join a separate dissent from Judge Karen LeCraft Henderson, who wrote that the teenager had no right to an abortion because she was not a citizen and had entered the country unlawfully.
About a dozen women, dressed in red robes and white bonnets in the fashion of “The Handmaid’s Tale,” stood silently, as if in prayer, outside the hearing room. Such protests have been occurring around the nation against gender discrimination and the infringement of reproductive rights.About a dozen women, dressed in red robes and white bonnets in the fashion of “The Handmaid’s Tale,” stood silently, as if in prayer, outside the hearing room. Such protests have been occurring around the nation against gender discrimination and the infringement of reproductive rights.
Democrats on the Senate Judiciary Committee, furious at the White House for withholding documents relating to Judge Kavanaugh — and for dumping the 42,000 pages on them at the last minute Monday night — took to the steps of the Supreme Court on Tuesday morning to register their own opposition.Democrats on the Senate Judiciary Committee, furious at the White House for withholding documents relating to Judge Kavanaugh — and for dumping the 42,000 pages on them at the last minute Monday night — took to the steps of the Supreme Court on Tuesday morning to register their own opposition.
“Ninety-three percent 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 percent are hidden to the public,” Senator Dianne Feinstein of California, the top Democrat on panel, said, referring to Judge Kavanaugh’s time in the George W. Bush White House. “This entire process has cast a cloud over Judge Kavanaugh,” she added, saying, “We go to these hearings under protest.”“Ninety-three percent 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 percent are hidden to the public,” Senator Dianne Feinstein of California, the top Democrat on panel, said, referring to Judge Kavanaugh’s time in the George W. Bush White House. “This entire process has cast a cloud over Judge Kavanaugh,” she added, saying, “We go to these hearings under protest.”
Inside the chamber, protesters were arrested one by one, leaving once-coveted seats in the hearing room empty.Inside the chamber, protesters were arrested one by one, leaving once-coveted seats in the hearing room empty.
Democrats, pressing for a delay in the confirmation hearing of Judge Kavanaugh, repeatedly raised the specter in the room, Judge Merrick Garland.Democrats, pressing for a delay in the confirmation hearing of Judge Kavanaugh, repeatedly raised the specter in the room, Judge Merrick Garland.
Judge Garland was nominated by President Barack Obama for the Supreme Court to fill the seat of Justice Antonin Scalia, but Republicans refused even to meet him, much less grant him a confirmation hearing.Judge Garland was nominated by President Barack Obama for the Supreme Court to fill the seat of Justice Antonin Scalia, but Republicans refused even to meet him, much less grant him a confirmation hearing.
“I think you have to understand the frustration on this side of the aisle,” said Senator Dianne Feinstein of California, the ranking Democrat on the Judiciary Committee. “Understand where we’re coming from. It’s not to create a disruption.”“I think you have to understand the frustration on this side of the aisle,” said Senator Dianne Feinstein of California, the ranking Democrat on the Judiciary Committee. “Understand where we’re coming from. It’s not to create a disruption.”
Even Judge Kavanaugh, in an excerpt from his prepared remarks released by the White House on Tuesday morning, raised Judge Garland’s name, praising his colleague on the United States Court of Appeals for the District of Columbia Circuit.Even Judge Kavanaugh, in an excerpt from his prepared remarks released by the White House on Tuesday morning, raised Judge Garland’s name, praising his colleague on the United States Court of Appeals for the District of Columbia Circuit.
“I have served with 17 other judges, each of them a colleague and a friend, on a court now led by our superb chief judge, Merrick Garland,” Judge Kavanaugh said.“I have served with 17 other judges, each of them a colleague and a friend, on a court now led by our superb chief judge, Merrick Garland,” Judge Kavanaugh said.
Justice Scalia’s seat was ultimately filled by Justice Neil M. Gorsuch.Justice Scalia’s seat was ultimately filled by Justice Neil M. Gorsuch.
The episode generated deep division and bitterness, and Judge Kavanaugh’s comment may rekindle it.The episode generated deep division and bitterness, and Judge Kavanaugh’s comment may rekindle it.
Judge Kavanaugh, who has been quietly crisscrossing Capitol Hill to meet with senators on both sides of the aisle, will have the opportunity to publicly present himself and pre-emptively address criticism about aspects of his career, including his days working for Kenneth W. Starr, the independent counsel who investigated President Bill Clinton, and the accusation that he may have misled Congress during his appeals court confirmation hearing in 2006.
The judge’s prepared remarks will most likely indicate how forthcoming he will be under questioning from lawmakers about his opinions on case law, judicial precedent and his previous rulings. In excerpts released Tuesday morning by the White House, Judge Kavanaugh vowed to be a “team player on the Team of Nine” if confirmed to the court.
“A good judge must be an umpire — a neutral and impartial arbiter who favors no litigant or policy,” the judge is expected to tell lawmakers. “I am a pro-law judge.”
Among other people, the judge will also acknowledge the legacy of Justice Anthony M. Kennedy, whose retirement enabled his nomination, and Judge Garland.
Democrats have seized upon Judge Kavanaugh’s defense of presidential power — including his questioning of the merits of indicting a sitting president — as cause for concern, citing the numerous investigations and indictments that have implicated President Trump and members of his administration. In a law journal article, the judge also suggested that a sitting president should be exempt from civil or criminal investigation.Democrats have seized upon Judge Kavanaugh’s defense of presidential power — including his questioning of the merits of indicting a sitting president — as cause for concern, citing the numerous investigations and indictments that have implicated President Trump and members of his administration. In a law journal article, the judge also suggested that a sitting president should be exempt from civil or criminal investigation.
Republicans have said that the judge’s words have been taken out of context. But during the confirmation hearing, Democrats will quite likely interrogate Judge Kavanaugh over those positions and whether he would agree to recuse himself from any case involving the president’s financial affairs or the special counsel’s investigation into Russian interference in the 2016 presidential election.Republicans have said that the judge’s words have been taken out of context. But during the confirmation hearing, Democrats will quite likely interrogate Judge Kavanaugh over those positions and whether he would agree to recuse himself from any case involving the president’s financial affairs or the special counsel’s investigation into Russian interference in the 2016 presidential election.
Justice Neil M. Gorsuch, President Trump’s first nominee to the Supreme Court, said during his own confirmation hearings last year that he would not shy from voting against the man who nominated him, but did so in vague terms.Justice Neil M. Gorsuch, President Trump’s first nominee to the Supreme Court, said during his own confirmation hearings last year that he would not shy from voting against the man who nominated him, but did so in vague terms.
For Democrats on the committee with possible presidential aspirations — including Senators Cory Booker of New Jersey, Harris and Amy Klobuchar of Minnesota — the televised hearings offer an opportunity for combative questioning that can fuel both viral clips and material for a 2020 campaign.For Democrats on the committee with possible presidential aspirations — including Senators Cory Booker of New Jersey, Harris and Amy Klobuchar of Minnesota — the televised hearings offer an opportunity for combative questioning that can fuel both viral clips and material for a 2020 campaign.
It is unclear how much Senator Feinstein will attempt to direct the questioning from members of her own party. As the Senate’s most ardent proponent of gun restrictions, she is expected to grill Judge Kavanaugh on a 2009 dissent in which he argued against banning semiautomatic weapons.It is unclear how much Senator Feinstein will attempt to direct the questioning from members of her own party. As the Senate’s most ardent proponent of gun restrictions, she is expected to grill Judge Kavanaugh on a 2009 dissent in which he argued against banning semiautomatic weapons.
Ms. Feinstein, who was the chairwoman of the Senate Intelligence Committee when it conducted an investigation into the Bush administration’s torture program after the Sept. 11, 2001, attacks, may also pursue her own line of questioning over Judge Kavanaugh’s time as an associate White House counsel — especially his offer to help a senior administration official prepare testimony about the government’s surveillance of conversations between certain terrorism suspects and their lawyers.Ms. Feinstein, who was the chairwoman of the Senate Intelligence Committee when it conducted an investigation into the Bush administration’s torture program after the Sept. 11, 2001, attacks, may also pursue her own line of questioning over Judge Kavanaugh’s time as an associate White House counsel — especially his offer to help a senior administration official prepare testimony about the government’s surveillance of conversations between certain terrorism suspects and their lawyers.
That offer, revealed in a trove of documents released ahead of the confirmation hearing, contradicts Judge Kavanaugh’s 2006 testimony, in which he told lawmakers he was “not involved in the questions about the rules governing detention of combatants.” Democrats have charged that the statement, made in a White House email, was a lie, although it is unknown if Judge Kavanaugh actually provided assistance.That offer, revealed in a trove of documents released ahead of the confirmation hearing, contradicts Judge Kavanaugh’s 2006 testimony, in which he told lawmakers he was “not involved in the questions about the rules governing detention of combatants.” Democrats have charged that the statement, made in a White House email, was a lie, although it is unknown if Judge Kavanaugh actually provided assistance.