***Live Updates*** SCOTUS Confirmation Hearings: Brett Kavanaugh Faces Final Round of Questions
Supreme Court nominee Brett Kavanaugh will face a second round of questioning on Thursday before the Senate Judiciary Committee. Senators will get 20 minutes for their final round of questions.
Stay tuned to Breitbart News for live updates throughout the day. All times eastern.
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11:32 AM: Leahy keeps trying to establish, getting frustrated more and more, that Kavanaugh was not truthful about the “stolen” emails.
11:27 AM: Hirono releases confidential documents as well:
These are the docs Rs don’t want you to see—because they show that Judge Kavanaugh wrongly believes that Native Hawaiian programs are Constitutionally questionable. I defy anyone reading this to be able to conclude that it should be deemed confidential in any way, shape, or form. pic.twitter.com/yj31vDNGia
— Senator Mazie Hirono (@maziehirono) September 6, 2018
11:26 AM: Leahy begins by accusing Kavanaugh of receiving “stolen material” from Manny Miranda. “Digital Watergate,” Leahy says again, continuing his line of questioning from yesterday.
11:17 AM: Kavanaugh says he was talking about what various legal scholars could think on Roe when Hatch gives Kavanaugh an opportunity to address Feinstein’s previous questions re: previously confidential email.
11:16 AM: Kavanaugh says the warrant requirement ensures that the executive branch cannot invade someone’s liberty without probable cause.
11:13 AM: Kavanaugh says the judge’s jobs is to focus on the words of the statute passed by Congress when Hatch asks him about interpreting laws to cover situations that those who wrote the law could not have foreseen. Speaks about liberty vs. security issues becoming more important in the future.
11:11 AM: Kavanaugh says he has not had any “inappropriate conversations” with anyone about the Mueller investigation when Hatch gives him a chance to respond to Harris’ line of questioning from last night.
11: 10 AM: Booker releases confidential documents:
These are the 4 documents marked committee confidential that I brought up in my questioning of Supreme Court nominee Brett Kavanaugh last night –> https://t.co/2RZkY2FS9a
— Cory Booker (@CoryBooker) September 6, 2018
11:05 AM: Hatch commends Kavanaugh for his level-headedness. Hatch says he has never seen the types of interruptions and accuses the left of trying to turn this in to a “circus.” He worries about precedent this could set. He blasts left for its “mob mentality” and the “sick” leftists for attacking Kavanaugh’s allies who are attending the hearing.
11:03 AM: Feinstein now grilling Kavanaugh about Enron and how the fraud and market manipulation contributed to CA’s energy crisis. She asks Kavanaugh about talking points he wrote about whether it was up to FERC to stop such conduct. Kavanaugh says FERC would have a role but he is not sure if it should have primary responsibility. Says he was not an expert in those type of cases at the time.
10:58 AM: Feinstein now asking Kavanaugh about the Sea World case in which a killer whale killed a trainer. Kavanaugh says he follows precedent when he ruled that the Labor Department did not have the authority to regulate employers in sporting/entertainment. He says state tort law (NFL concussions) exists to ensure safety. Says he pointed out Labor Dept. could change precedent or Congress could act but he was following precedent–Dept. traditionally not been thought of as proper body to prohibit punt returns or mandate ear flaps on helmets, etc.
10:55 AM: Feinstein says, “We have a president who said he could authorize worse than waterboarding. How would you feel about that?” Kavanaugh says he will not comment. Feinstein asks Kavanaugh if Bush’s post-9/11 policies re: interrogations were legal. Kavanaugh talks about the need to give sound legal advice and “backbone” but also says it’s important for lawyers to tell a president “no.”
10:53 AM: Kavanaugh mentions that George W. Bush was a pro-life president and says his job was to assist him on policies related to that so some things may have crossed his desk. Feinstein said the Bush White House took steps to limit abortions.
10:43 AM: Feinstein starts off by going back to Roe. She says she now has a previously confidential document that is now public.
She asks if he believes Roe is settled law and if he believes it is correctly settled.
Kavanaugh, like he said yesterday, says Roe is an “important precedent” that has been “reaffirmed many times.” Speaks about “precedent on precedent” like he did yesterday.
10:41 AM: Grassley now asking Kavanaugh, like Kennedy did last night, about keeping an open mind about cameras in the courtroom. He again says he may be more open to allowing cameras for the announcement of decisions than for oral arguments.
10:35 AM: Grassley finally begins his 20 minutes of questioning and says it is wrong to frame Kavanaugh as someone who does not rule for the “little guy.” He says Kavanaugh applies the law fairly to all. Agitator interrupts. Grassley gives Kavanaugh to discuss a case in which he rule for a woman who was denied Social Security benefits (“hall of mirrors for the woman). He reversed the denial for the woman with mental illness.
10:30 AM: Tillis, who has successfully thrown many jabs at Booker during his remarks, says it took him 17 years to get his college degree after attending five schools, none of which will be elevated to the Ivy League. He says he is not planning to run for president in 2020 or ever. He suggests Senators waive their rights to their documents and suggests they release all of the emails relating to the confirmation process.
10:22 AM: Grassley recognizes Booker and hopes that Booker won’t keep saying the same thing. Booker said he violated the rules so the public can know Kavanaugh’s views on the race. Booker says this is the closest he will have to an “I am Spartacus moment.” Booker proud that he has violated the rules and keeps mentioning how he knowingly “violated the rules” over and over again.
10:20 AM: Coons arguing that the documents belong to the American people.
10:18 AM: Lee says if Democrats are frustrated, then they should review the Presidential Records Act.
“These documents are not ours,” Lee says, adding the public is not entitled to documents that do not belong to them as Democrats have been trying to argue. “They belong to someone else.”
Lee says he understands that Democrats want to look for a “demon” and says, in this case, “the demon is a law of our own creation–the Presidential Records Act.”
10:15 AM: Earlier in Grassley’s office:
GRASSLEYS OFFICE NOW: is filled with anti-Kavanaugh protesters. This is one floor below the hearing room. pic.twitter.com/2QCcBm0QrN
— Lisa Desjardins (@LisaDNews) September 6, 2018
10:13 AM: Durbin says “count me in” if there is going to be retribution against Booker. Hirono says “count me in” too–she’s going to be releasing documents as well.
NAACP salute’s Hirono’s “courage.”
Sen. Mazie Hirono says she is also releasing a document to the press: “I would defy anyone reading this document to be able to conclude that this should be deemed confidential in any way, shape or form” https://t.co/fulZ0HHyc3 pic.twitter.com/cI2UVGVOvZ
— ABC News Politics (@ABCPolitics) September 6, 2018
Now. Senator @maziehirono joins @SenBooker in this extraordinary act of civil disobedience & says she too will release documents that go to her line of questioning of #Kavanaugh. She also faces expulsion. I salute her courage and urge the Chair of the SJC to make this right.
— Sherrilyn Ifill (@Sifill_LDF) September 6, 2018
10:07 AM: Sen. Durbin (D-IL) says, like Sen. Whitehouse (D-RI), his silence should not be interpreted as consent. Durbin spoke after Feinstein said the public is entitled to all of the documents. Durbin claims Bill Burck doesn’t have the authority to determine which documents should be marked “classified.” He then blasts Cornyn for saying Booker’s conduct was “unbecoming of a Senator.”
10:02 AM: Sen. Lee (R-UT), who first called out Booker last night and said Kavanaugh is entitled to see the emails he was being questioned about, says the process is not rigged and has worked.
9:57 AM: Sen. Kennedy (R-LA) says he was trying to be fair to Kavanaugh last night after Booker ambushed him with questions about an email that Kavanaugh did not have a copy of and he says he was trying to be fair to both sides. Sen. Blumenthal (D-CT) now using his time to mention Bob Woodward’s book and the New York Times anonymous op-ed to say the breakdown of the process on the Committee is reflective of the chaos in other parts of the government.
9:50 AM: Booker says he will violate rules–penalty is potential ouster from the Senate–in an act of “civil disobedience” and release one of the confidential emails about racial profiling.
“I understand the consequences of civil disobedience,” Booker said, admitting that he is “knowingly violating” the rules of the Senate.
Sen. Cory Booker says he is willing to risk ouster from Senate for releasing documents: “If Sen. Cornyn believes I violated Senate rules, I openly invite and accept the consequences of my team releasing that email right now.” https://t.co/JUkIdZ4RJ2 pic.twitter.com/kSH16guTzV
— CBS News (@CBSNews) September 6, 2018
Cornyn tells Booker that “running for president is no excuse for violating the rules of the Senate,” and says what Booker is doing–flouting the Senate rules to release classified emails–is like releasing classified information.
“Conduct unbecoming of a Senator,” Cornyn adds.
“Running for President is not a reason to release classified information”
— Cornyn to Booker pic.twitter.com/FNpNhBQOcm— Howard Mortman (@HowardMortman) September 6, 2018
9:42 AM: Booker now speaking about the “absurdity” of the process re: documents. Yesterday, Booker claimed the system was “rigged.” He now says the process “is a bit of sham.” Grassley asks “was it a sham when we did it for Gorsuch?” He asks if it was a sham when Sen. Leahy did it?
9:40 AM: Grassley suggests Democrats all along wanted to play politics with documents. Like Sen. Mike Lee (R-UT) did last night, he takes issue with Booker and Democrats for using confidential emails in their questioning.
9:35 AM: Grassley says that even Sen. Feinstein (D-CA) conceded that Kavanaugh was “forthcoming” in his answers. Feinstein’s left-wing challenger Kevin de Leon was less than thrilled:
The protesters at the #KavanaughConfirmation are patriots trying to protect the rights of every American threatened by this nominee. We need to support them and stand with them @SenFeinstein, not apologize for them. California deserves a senator who will #ResistNotAssist.
— Kevin de Leόn (@kdeleon) September 5, 2018
9:25 AM: Senators now entering the room as the third day of hearings is about to begin. Looks like there will be more protesters. But in a strange way, the protesters have helped Kavanaugh go relatively unscathed. They often interrupt when Democrats on the Committee are trying to build momentum, essentially giving Kavanaugh what can be considered numerous 20-second timeouts to regroup. The agitators have also made the left look terrible to regular Americans.
GOP Senators huddle with Chairman @ChuckGrassley before start of Day 3 of Kavanaugh confirmation hearings. pic.twitter.com/ycrq9kneN2
— Mark Knoller (@markknoller) September 6, 2018
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