The Register Citizen (Torrington, CT)

Dems lack votes on Kavanaugh

But says SCOTUS hearing best chance to grill, block him

- By Dan Freedman

WASHINGTON — Sen. Richard Blumenthal, D-Conn., is promising “a lot of sparks are going to fly” when President Donald Trump’s Supreme Court nominee, federal appeals court Judge Brett Kavanaugh, takes his seat Tuesday at opening day of confirmati­on hearings.

But absent a majority in the Senate, Blumenthal and fellow Democrats may already be out of options for blocking Kavanaugh — Trump’s second nominee who likely would tip the court in a clear conservati­ve direction, if confirmed.

But that won’t stop Blumenthal from trying, he said.

Blumenthal is a member of the Senate Judiciary Committee, which on Tuesday begins two or three days of confirmati­on hearings for Kavanaugh.

Blumenthal said Friday he would ask Kavanaugh, 53, direct and pointed questions on a variety of topics ranging from his views on guns and the Roe v. Wade abortion precedent, to a president’s ability to control a special counsel investigat­ion.

“The elephant in the room on Tuesday is the implicatio­n of the president as an unindicted coconspira­tor,” said Blumenthal,

referring to former Trump lawyer and fixer Michael Cohen’s guilty plea in which he stated Trump had directed him, just prior to the 2016 election, to pay off women claiming to have had sexual relationsh­ips with Trump.

“Never before has a president named in a plea agreement appointed a justice who could very well sit (in judgment) of his own prosecutio­n,” Blumenthal said in a conference call with reporters Friday.

Much of the questionin­g of Blumenthal and other Democrats will revolve around Kavanaugh’s views of presidenti­al powers, which have evolved over the decades since he was a young lawyer on the staff of independen­t counsel Kenneth Starr’s Whitewater probe — which focused mostly on then-President Clinton’s affair with White House intern Monica Lewinsky.

Although the Starr probe knocked down Clinton’s efforts to avoid testifying because of his presidenti­al duties, Kavanaugh went on to be a staunch defender of expansive presidenti­al powers — including the right of the president to sidestep a criminal investigat­ion while in office.

Kavanaugh’s views in this area may generate the most heat during confirmati­on hearings because of Trump’s efforts to derail the investigat­ion of special counsel Robert Mueller into Trump 2016 campaign links to Russia.

As a Supreme Court justice, Kavanaugh could provide the key fifth vote to help Trump avoid a subpoena or claim immunity from prosecutio­n, Blumenthal said.

And as the replacemen­t for Justice Anthony Kennedy, often a swing vote in closely watched cases, Kavanaugh could provide the fifth vote on a solidly conservati­ve court that — in Blumenthal’s estimation — imperils Roe v. Wade, the Affordable Care Act/Obamacare and the ability of states like Connecticu­t to pass strict gun laws.

In his rounds of questions, Blumenthal is likely to focus on Kavanaugh’s views of whether key precedents such as Roe v. Wade, decided in 1973, were correctly decided.

Blumenthal declined to say what specific questions he would ask but nonetheles­s made clear that his years as Connecticu­t’s top state and federal prosecutor would be brought to bear.

“There will be sparks at this hearing,” he said. “A lot of sparks are going to fly.”

During confirmati­on hearings last year on now Justice Neil Gorsuch, Blumenthal tried pinning the nominee down on whether Brown v Board of Education -- the 1954 landmark case ending school segregatio­n — was decided correctly.

Gorsuch hemmed and hawed, talking about how the court correctly applied constituti­onal principles. But he never answered Blumenthal’s question directly.

Gorsuch ultimately won confirmati­on 54-45, with three Red-state Democrats — Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia -- joining Republican­s.

With virtually all Republican­s likely to back Kavanaugh, the nominee’s fate ultimately may be in the hands of these three. All are running uphill re-election campaigns this fall in states easily won by Trump in 2016.

Heitkamp and Donnelly have said they would decide after the confirmati­on hearings. Manchin has said he remains undecided.

If they follow previous patterns, the hearings are likely to resemble scripted theater, with the nominee and each senator playing a prescribed role and the outcome not much in doubt.

“Not a single Senate vote will change on what Kavanaugh does or does not say at these hearings,” said Richard Kay, professor of law emeritus at UConn. Blumenthal also has joined fellow Democrats in asking for the hearings to be delayed, condemning Republican­s for not turning over documents on Kavanaugh -- particular­ly his years of service in the White House of former President George W. Bush.

On Friday, Blumenthal argued Republican lawyers were “sanitizing and cherry picking” the small number of documents they turned over.

But Republican­s on the committee have poohpooed Democratic claims, countering that the Kavanaugh nomination has been “the most productive, in terms of the documents, vetting process of any nominee for the United States Supreme Court,” as Sen. John Cornyn, R-Texas, put it.

 ?? Jacquelyn Martin / Associated Press ?? Affirmativ­e action and voting rights will be among the topics Supreme Court nominee Brett Kavanaugh will be asked to address at his Senate confirmati­on hearing Tuesday.
Jacquelyn Martin / Associated Press Affirmativ­e action and voting rights will be among the topics Supreme Court nominee Brett Kavanaugh will be asked to address at his Senate confirmati­on hearing Tuesday.

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