Kav won’t cave: Refuses to say if he’d recuse himself if Trump got into trouble
Supreme Court pick Brett Kavanaugh refused to say whether or not he would recuse himself from cases involving the President Trump, but vowed to be an “independent judge” on Wednesday during the second day of his contentious confirmation hearings.
Kavanaugh (inset) told lawmakers on Capitol Hill that “no one is above the law in our Constitution” as he faced questions about his loyalty and a host of other topics.
Sen. Richard Blumenthal (D-Conn.) waded into what he called “uncharted territory” of a nominee from a President who could be implicated in a federal criminal case that could come before the court.
Kavanaugh said he would not discuss how he would handle any particular case, saying, “This is part of what I see as independence of the judiciary.” The senator may disagree, he added.
“I do disagree,” Blumenthal said, “and I am troubled.”
Throughout the day, the 53-year-old appeals court judge lofted a small, tattered pocketsized copy of the Constitution.
Protesters again disrupted proceedings Wednesday, ensuring the day would have the same tense atmosphere of a day earlier — when Democrats tried to delay the hearings and more than 70 activists were arrested and charged with disorderly conduct.
Dems wanted more time to review documents from Kavanaugh’s past as a lawyer for the George W. Bush White House and believe the conservative jurist will push the court to the right on abortion, guns and other issues.
They also believe he could side with Trump in cases stemming from special counsel Robert Mueller’s probe of Trump’s 2016 campaign.
Sen. Dianne Feinstein (DCalif.) pressed Kavanaugh about whether he would vote to overturn Roe v. Wade, the landmark 1973 decision ensuring abortion rights.
Trump has promised to nominate judges who would overturn the ruling.
Without fully answering Feinstein’s line of questioning, Kavanaugh said Wednesday that Roe v. Wade is “an important precedent of the Supreme Court that has been reaffirmed many times.”
“I don’t live in a bubble. I understand. I live in the real world. I understand the importance of the issue,” he added.
Feinstein’s office expressed skepticism of the nominee’s statements in a tweet.
“Thomas, Alito, Roberts and Gorsuch used the same playbook,” the message, referencing current conservative justices, read. “We can’t accept vague promises from Brett Kavanaugh when women’s reproductive freedom is at stake.”
Kavanaugh also refused to say whether he thinks a President can pardon himself — or provide a pardon in exchange for a bribe or pardon someone on the understanding that the person wouldn’t testify against the President.
“I’m not going to answer hypothetical questions of that sort,” Kavanaugh said, responding to questions from Sen. Patrick Leahy (D-Vt.).
Some two dozen demonstrators were escorted from the chamber as Kavanaugh’s testimony began. One shouted that the questions about executive power were not “hypothetical” and should be answered.
Leahy also grilled Kavanaugh about whether he knew about a Republican staffer whose 2003 hack of Democrats was used to assist in getting President George W. Bush’s “most controversial judicial nominees confirmed.”
Kavanaugh denied any knowledge of the stolen emails and said he did not mislead senators in testimony when he was nominated to be an appellate judge in 2006. He says the testimony was “100 percent accurate.”
Trump, meanwhile, praised his pick’s performance.
“I saw some incredible answers to very complex questions,” the President said during an Oval Office appearance. “He is an outstanding intellect. He’s an outstanding judge. He was born for the position.”