Document release stirs up Kavanaugh hearing

Democrats’ chances of blocking Supreme Court nominee Brett Kavanaugh seemed to fade on Day 2 of his confirmation hearing.

Senate

WASHINGTON —

Democrats mounted a last attempt Thursday to paint

Supreme Court nominee

Brett Kavanaugh as a foe of abortion rights and a defender of President Donald

Trump if he makes it to the high court. But their chances of blocking Trump’s nominee seemed to fade away by the end of a second marathon day of testimony in his confirmation hearing.

Questioning of the 53-yearold appellate judge wound down without anything that might jeopardize his confirmation. In what almost seemed like a celebration,

Kavanaugh’s two daughters returned to the Senate Judiciary Committee hearing room for the final hours of testimony, accompanied by teammates on Catholic school basketball teams their father has coached.

The hearing pivoted during the day to Roe v. Wade, the high court’s landmark abor- tion case. The Democrats’ hope of stopping Kavana- ugh — who could swing the court further to the right for decades — would be branding him as a justice who might vote to overturn the ruling, attracting the votes of two Republican senators who support abortion rights.

A newly disclosed email suggested he once indicated

the abortion case was not settled law, though Kavanaugh denied in the hearing that he had been expressing his personal views on the issue.

The tone in the email from 2003 contrasted with his responses to questions on Wednesday when he stressed how difficult it is to overturn precedents like Roe. In the email, Kavanaugh was reviewing a potential op-ed article in support of two judicial nominees while he was working at the George W. Bush White House. The document had been held by the committee as confi- dential, but was made pub- lic Thursday.

“I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,” Kavanaugh wrote, referring to justices at the time, in an email to a Republican Senate aide. The document was partially redacted.

Asked about it by the committee’s top Democrat, Dianne Feinstein of Califor- nia, Kavanaugh reiterated his previous testimony that “Roe v. Wade is an important precedent of the Supreme Court.”

Democrats also hammered at Kavanaugh’s ability to separate himself from Trump and special counsel Robert Mueller’s investigation of Russian meddling in the 2016 election. Throughout his testimony, Kavanaugh has repeatedly insisted he fully embraces the impor- tance of judicial indepen- dence.

Democratic Sen. Dick judiciary

and Durbin focus said, for has rule again.” Trump ask Durbin answer Trump ping “It’s Kavanaugh the shown you of “has on aside in federal presidency said. or law Trump, of these questions the shown disrespect commit Illinois from over context questions,” refused who contempt any put to that Durbin about for of step- over case and the the the we to

the about gation Sen. of to Connecticut denounce Supreme Richard of the that federal Russia might Trump’s Court. Blumenthal invited judges, come investi- When criti- him the to

cism nominee by troversies without “The deciding way fear demurred. independently or cases we favor,” stand and Kava- up con- is naugh record shows Earlier, that said. as an he he appellate said has his not 12-year judge been afraid tive branch said to that invalidate actions. he Kavana- execu- made

ugh has clear requires that a a court president order to “that do something president from or doing prohibits some- a thing our system.” ... is the final word in Kavanaugh Late Wednesday seemed evening, to stumble at first when questioned by Democrat Kamala Harris of California, about whom he might have spoken with at a law firm concerning the investigation into Russian election meddling. The firm in question was founded by Marc Kasowitz, who has represented Trump. Kavanaugh eventually said he couldn’t think of any such conversations but would need to see a list of the firm’s lawyers. In ques- tioning Thursday, he said more directly that he had no such conversations. On a separate track, Sen. Patrick Leahy of Vermont and Durbin have led the charge in suggesting that Kavanaugh misled them in earlier testimony, an allegation the nominee firmly denied with the enthusiastic backing of Senate Repub-

licans. senators on ments record. Much the than disclosure of has the on focused debate Kavanaugh’s of among docu- more Booker with presidential Democratic Harris of New — candidates both Jersey, Sen. potential along Cory in 2020 to ing risk — fallout said he over was documents releas- willing

confidential about on Cornyn race. Kavanaugh’s of Republican Texas warned views John him expelled fidentiality that senators for rules. violating could Demo- con- be crats “Bring and it Booker on.” responded, In fact, the Democrats some of the wanted docu

ments disclosed hours earlier, had been in a pre-dawn released disclosure Burck, the approved GOP attorney by Bill who records serves lawyer as presidential for Bush. learn “We about were Senator surprised Book- to er’s histrionics this morning because we had already told him he could use the documents publicly,” Burck said by email. Booker had sought release late Wednesday, after questioning Kavanaugh on race and drawing rebuke from his colleagues for disclosing the confidential documents. They were made available after 3 a.m. Thursday. Booker’s spokeswoman said that only by raising the issue publicly was the senator able to “shame the committee into agreeing” to release the pages. The docu m ent battle stemmed from Kavanaugh’s unusually long paper trail following his years in the Bush White House. The panel’s process resulted in hundreds of thousands of pages of Kavanaugh’s documents being withheld as confidential or kept from release under presidential privilege by the Trump White House.

Chairman Chuck Grassley, R-Iowa, who released more documents Thursday, stood by his handling of the issue.

“My process was fair,” Grassley said.