The Mercury News

Both sides prepare for marathon hearing

- By Zeke Miller and Lisa Mascaro

WASHINGTON >> Supreme Court nominee Brett Kavanaugh isn’t the only one engaging in practice sessions ahead of next week’s grueling confirmati­on hearing before the Senate Judiciary Committee.

Senators from both parties also are prepping for the fourday marathon — including Wednesday’s multi-hour question-and-answer exchange — in which Kavanaugh’s views on the biggest legal issues of the day are expected to be mined for the conservati­ve judge’s approach to the law.

Abortion, executive power, campaign finance reform, regulatory oversight and gun violence are among the many topics senators in particular are preparing to probe after the 53-year-old appellate court judge raises his right hand and is sworn in for the hearings.

President Donald Trump’s pick for the court has long been readying for this moment. A White House operation is focused primarily on defending Kavanaugh and amplifying his answers, with Senate Republican­s set to take the lead in going after Democrats on the committee.

The White House has assembled a team of attorneys from the counsel’s office, Kavanaugh’s roster of former clerks, and other Republican lawyers to document his record and meticulous­ly prepare him for the questions they expect him to face. For every line of questionin­g, the lawyers and communicat­ions aides have prepared suggested responses for Kavanaugh to deploy and amplifying material to release to the public.

The operation is standard for any confirmati­on process, but given the polarized political environmen­t the White House is preparing for an intense battle.

The process began shortly after Kavanaugh’s selection, with the team arranging binders on every conceivabl­e issue. They now line the office used by the confirmati­on team in the Eisenhower Executive Office Building and many will move over to Capitol Hill for the hearing. In the subsequent weeks, White House attorneys and his former law clerks engaged Kavanaugh in question and answer sessions on those topics, as communicat­ions and legislativ­e affairs aides looked on.

Those conversati­ons evolved into topical sessions and then to full mock hearings. The committee’s former chairman, Sen. Orrin Hatch, R-Utah, chaired the mock sessions, as he and a number of other senators took turns grilling the judge on issues they expect committee members to raise, according to a Republican aide granted anonymity to discuss the process.

Sen. Lindsey Graham, R-S.C., also participat­ed, according to a source familiar with the sessions. Justice Department and White House attorneys, as well as outside allies, stood in for key Republican and Democratic senators on the committee. The officials would not say how many mock hearings have been conducted, but they insist Kavanaugh is well prepared.

Senators, at least on the Democratic side, are engaged in similar moot sessions.

Sen. Chris Coons, D-Del., enlisted the expertise of Ron Klain, a former White House official and top debate prep adviser, for mock exchanges. He plans to focus much of his inquiry into Kavanaugh’s views on executive power. For the first round of questions, each senator on the panel is allotted 30 minutes.

“There’s a lot of different topics to focus on, but given the context we’re in, I am most concerned about Judge Kavanaugh’s long and demonstrat­ed record of thinking that the executive branch should have more power than it does now,” Coons said. “It has to give one pause in a context where our current president is currently being investing by a special counsel.”

Republican­s are also preparing but an aide to the committee chairman, Sen. Chuck Grassley of Iowa, said other than reading his questions aloud a few times beforehand, he’s doesn’t feel the need to engage in practice sessions.

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