Highlights: Judge Brett Kavanaugh confirmation hearing | CNN Politics

The Kavanaugh hearing

Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee during the second day of his Supreme Court confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC.
Kavanaugh grilled about presidential power
2:31 • Source: CNN
Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee during the second day of his Supreme Court confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC.
2:31

What we covered here

  • The Kavanaugh hearing: Senators questioned Judge Brett Kavanaugh and heard witness testimonies during the four-day confirmation hearing.
  • What’s next: Senators will submit questions for Kavanaugh before voting the week of Sept. 17, according to GOP lawmakers and aides. A final vote will take place the last week of September.
  • Why this matters: If confirmed – and it’s looking like he will be – President Trump’s Supreme Court pick would replace a frequent swing vote on the bench, retired Justice Anthony Kennedy, who often sided with his liberal colleagues on issues such as abortion, affirmative action and LGBT rights. It’s a lifetime appointment.
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Our live coverage of Judge Brett Kavanaugh’s confirmation hearing has ended. Visit CNNPolitics to read more or scroll through the posts below.

The Kavanaugh hearing concluded today. Here's what happens next.

Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee on Sept. 6, 2018 in Washington, DC.

This week’s hearing for Supreme Court nominee Brett Kavanaugh consisted of introductions, questions from senators and testimonies from witnesses. But what happens next?

Here’s a look at the next steps in Kavanaugh’s confirmation process:

  • More questions: Senators are submitting questions for the record for Kavanaugh.
  • When votes are expected: A committee vote is expected the week of Sept. 17, according to Republican lawmakers and aides. The floor vote is expected to take place the last week of September. 

The Kavanaugh hearing is over

The confirmation hearing for Supreme Court nominee Brett Kavanaugh concluded Friday afternoon, following days of questions from senators and testimonies.

Republican Sen. John Kennedy, a member of the Senate Judiciary Committee, ended the hearing with some searing words to Watergate-era White House counsel John Dean.

Here’s that exchange:

Dean then explained how he tried to end “the cover-up” and offered to send Kennedy a copy of his book, which he said detailed his actions.

John Dean: Kavanaugh's testimony didn't reveal if he thinks US v. Nixon was correctly decided 

Watergate-era White House counsel John Dean said Brett Kavanaugh’s testimony doesn’t reveal if the judge thinks US v. Nixon was correctly decided. 

In response to Sen. Sheldon Whitehouse, a Democrat from Rhode Island, Dean noted that Kavanaugh lauded the ruling “in the context of a judge needing a backbone, he didn’t say it was rightly decided, and he repeated that several times during the hearings, so I don’t think he has informed this committee of his real position on that very important case.”

Parkland survivor and Sen. Blumenthal share emotional exchange about guns at Kavanaugh hearing

One of the witnesses to take the stand on Day 4 of Judge Brett Kavanaugh’s Supreme Court nomination hearing was Aalayah Eastmond. Eastmond is a senior at Marjory Stoneman Douglas High School in Parkland, Florida, and is a survivor of the mass shooting at the school took that the lives of 17 people.

Eastmond recounted her experience from that day, and how she hid under the dead body of a classmate to remain out of view from the shooter.

Read an emotional exchange between Eastmond and Sen. Richard Blumenthal:

Only 5 senators were in the room to hear Parkland shooting survivor's testimony on Kavanaugh

Only five senators attended the testimony of a Parkland shooting survivor who spoke about her concerns about Brett Kavanaugh’s nomination to the Supreme Court.

In her testimony, Parkland shooting survivor Aalayah Eastmond recalled details about the deadly Feb. 14 shooting at Marjory Stoneman Douglas High School in Florida.

Sens. Chuck Grassley, Sheldon Whitehouse, Cory Booker, Mike Lee and John Kennedy sat and listened to her testimony, which drew applause from those in attendance.

She also criticized Kavanaugh and his reaction to Fred Guttenberg, the father of a slain Parkland student who tried to give him a handshake earlier this week.

“As you make your final decision, think about it as if you had to justify and defend your choice to those who we lost to gun violence,” Eastmond testified at Kavanaugh’s confirmation hearing.

Guttenberg accused Kavanaugh of ignoring him as he tried to shake his hand. Sources close to Kavanaugh pushed back saying the nominee had no idea who Guttenberg was and that security intervened to end the exchange.

Eastmond also expressed concerns about Kavanaugh’s opinions on assault weapons and said too many dangerous people have access to those guns and use them to terrorize Americans.

What Kavanaugh has said: In 2011, Kavanaugh dissented from a majority opinion of the DC Circuit that upheld a ban that applied to semiautomatic rifles in the District of Columbia.

In his dissent, he wrote that the Supreme Court had previously “held that handguns – the vast majority of which today are semiautomatic – are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens.”

 Read her full testimony here.

Former Nixon lawyer says Kavanaugh will drastically expand presidential power

Watergate era White House counsel John Dean warns that if Kavanaugh is confirmed, “we will have the most pro-presidential powers Supreme Court in the modern era.”  

In prepared testimony, Dean says such a court is “deeply troubling” contemporaneous with a “Republican controlled Congress, which has shown no interest in oversight of a Republican president.”

Warning the Supreme Court will be a “weak check, at best, on presidential powers,” Dean says, “There is much to fear from an unchecked president who is inclined to abuse his presidential powers.” 

He says he can attest to that “from personal experience.” 

Dean tells the committee he is happy to share what he thinks would have happened if the Supreme Court had ruled in favor of Nixon.

Dean also goes through Kavanaugh’s past statements and writings on whether a president can be indicted while in office, and finds, “under Judge Kavanaugh’s view, even if a president shot someone in cold-blood on 5th Avenue, that president could not be prosecuted while in office. And based on Judge Kavanaugh’s thinking at the time, he would give a president plenty of time to destroy the evidence.”

Woman who suffers from cerebral palsy: Kavanaugh will take away my rights

This morning so far Elizabeth Weintraub who suffers from cerebral palsy testified that she worries if Brett Kavanaugh is confirmed, he will turn the clock back and take away the rights of people with intellectual disabilities to make decisions for themselves.  

She criticized Kavanaugh’s decision in a case concerning whether DC’s disability services officials needed to determine the wishes of the parent/guardian before authorizing elective medical procedures:

Woman who represented undocumented teen who sought access to an abortion says Kavanaugh dissent caused her "pain"

Rochelle Garza, the legal guardian of an undocumented teen who sought access to an abortion last fall while she was in US custody, testified today. 

The teen ultimately prevailed before the DC Circuit but Kavanaugh, a judge on that court, dissented from the opinion.

Garza spoke today of “the pain” that Kavanaugh’s decision caused the young woman. She said Kavanaugh’s decision could have led to a process that “could have taken weeks, and might have forced her to carry the pregnancy to term against her will, particularly because Texas bans abortion at 20 weeks and Jane was already 15 weeks pregnant.”

Women hold "funeral procession" outside Kavanaugh hearing

About 20 women from the Women’s March and for Center for Popular Democracy Action just walked up near the hearing room and they are holding at the security ropes.

They’re standing in a “funeral procession” line wearing all black, including black veils and T-shirts with various messages including, “I am part of the thousands working in the revolution.” Their mouths are covered in black tape, their hands up, and some have written the word “dissent” on their palms.

They are not going inside because they don’t have tickets.

McConnell expects Kavanaugh to be seated in time for the new Supreme Court term

Senate Majority Leader Mitch McConnell sees no problems getting Judge Brett Kavanaugh confirmed and expects him to be seated on the Supreme Court by “the first Monday in October” – the start of the new term. He said this to radio host Hugh Hewitt earlier this morning.

Here’s the exchange:

McConnell calls Booker protest "unusual," talks ethics investigation

Senate Majority Leader Mitch McConnell called Sen. Cory Booker’s move Thursday to break Senate rules and release emails traded by Brett Kavanaugh, the Supreme Court nominee, despite a “committee confidential” marking, “unusual behavior,” and discussed a potential ethics investigation in a radio interview Friday.

“When you break the Senate rules, it’s something the Ethics Committee could take a look at. And that would be up to them to decide,” McConnell told Hugh Hewitt. “They have an obligation to look into violations of the Senate rules, and it wouldn’t surprise me if they did.”

Booker’s announcement, made in front of cameras and with an air of theatrics, was slammed as a stunt by Republicans who pointed out that the documents in question had already been cleared for public release.

But Booker continued throughout the day Thursday to release documents on Twitter – some of which appeared to show Kavanaugh’s personal views on the protection of religious interests – that were confirmed by the Judiciary chairman to still be considered committee confidential.  

Cornyn tweets that Booker should be investigated by the Senate Ethics Committee 

Senator John Cornyn tweeted the following about Senator Corey Booker’s decision to release confidential documents related to Kavanaugh (he included a link to a video).

Booker said at the time “I’m knowingly violating the rules. Sen Cornyn has called me out for it.”

Now, Cornyn is suggesting the Ethics Committee should investigate:

In follow-up tweets, Cornyn explained why:

Kavanaugh hearing resumes for its final day. Here's what to expect.

The Kavanaugh hearing resumed at 9:30 a.m. this morning after two days of grueling testimony, that were marked by protests over provided documents from Democrats and members of the public concerned about how Kavanaugh might rule on cases related to abortion and healthcare.

Today, however, will be a little different. For starters, Kavanaugh won’t be in the hot seat. Instead, several panels of witnesses, including a Parkland survivor as well as John Dean, the Watergate era White House Counsel, will testify on (or, for some, against) his behalf.

Here's what happened on Day 3 of the Kavanaugh hearing

Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee on Sept. 6, 2018 in Washington, DC.

The public questioning portion of Supreme Court nominee Brett Kavanaugh’s confirmation hearing has concluded.

The hearing is scheduled to resume at 9:30 a.m. ET Friday, with testimony from more than two dozen witnesses.

Here are a few things that happened today:

  • Committee confidential documents released: This morning, Sen. Cory Booker said he was releasing “committee confidential” documents related to racial profiling. Booker claimed in doing so he was putting his position on the line, saying “And I understand that the penalty comes with potential ousting from the Senate.”
  • The GOP response: Sen. Chuck Grassley and Bill Burck, a former Bush lawyer who has shepherded the clearing and providing of Bush administration documents related to Kavanaugh to the Senate Judiciary Committee, issued separate statements explaining that the documents had been cleared the night before and that Democratic senators, including Booker, were notified “before they spoke today.” But Booker continued to release emails throughout the day and into the evening during the course of the hearing.
  • The Roe v. Wade email: Kavanaugh downplayed a newly released email showing him commenting on Roe v. Wade while working in the White House. Kavanaugh said he was simply questioning the accuracy of a colleague’s interpretation of the scholarly opinion around the case. He went on to call Roe v. Wade “an important precedent” that has “been reaffirmed many times.”
  • Kavanaugh on views of indicting a sitting president: The Supreme Court nominee assured the senators that he had “an open mind” regarding the constitutionality of criminally investigating or indicting a sitting president after being pressed on the issue by Booker.
  • What Trump said: President Trump continued his praise of Kavanaugh at a rally in Montana on Thursday evening. “As you saw this week, the Senate is now considering a truly exceptional nominee for the United States Supreme Court, Judge Brett Kavanaugh,” he continued, calling Democrats’ actions “sick.”

Grassley praises Kavanaugh as he concludes open portion of questioning 

Senate Judiciary Committee Chairman Charles Grassley presides over Supreme Court nominee Judge Brett Kavanaugh's confirmation hearing on Sept. 6, 2018.

Sen. Chuck Grassley, a Republican from Iowa, wrapped up the public session with Judge Brett Kavanaugh and said the committee will reconvene in a separate room for a closed session with the Supreme Court nominee.

“You made a powerful and convincing case for Senate confirmation and your answers have been compelling and credible,” he told Kavanaugh.

What to expect tomorrow: Grassley said the committee will hear from four panels of witnesses, including from the American Bar Association and 13 majority and 13 minority witnesses. 

Kavanaugh won't discuss his personal views on gay marriage

Judge Brett Kavanaugh would not reveal his personal views on gay marriage, repeatedly rebuffing the query from Sen. Cory Booker and referring to Supreme Court precedent.

He also said he had never officiated a gay wedding.

“I am a judge, I apply the law,” he said. “The law of the land protects that right as dictated by the Supreme Court precedent.”

Cory Booker releases more emails

Sen. Cory Booker (D-NJ) questions Supreme Court nominee Judge Brett Kavanaugh on Sept. 6, 2018 in Washington, DC.

As expected, Sen. Cory Booker has released a dozen additional emails — some of which are labelled “committee confidential.”

Booker has not yet responded to CNN’s query if the materials had been cleared for release. 

Here’s what is in some of the emails:

  • A 2001 email in which Kavanaugh suggests that a White House policy director was giving up too much ground in negotiations, and not sufficiently protecting religious interests, in proposed faith-based legislation. He starts that email with “time to vent’ about “disappointing changes “ made to the faith-based bill.
  • Other emails show his connection with Federalist Society members including Jay Sekulow and Leonard Leo. Kavanaugh listed his long-time membership in the conservative legal society on his Senate questionnaire.
  • In another email, Kavanaugh is concerned about a DOJ memo that in his view would “create incentives” for states and law enforcement agencies “to establish constitutionally impermissible racial, ethnic, or gender classifications (e.g., for a school to target extra, after-school reading assistance to African-Americans).” The full memo is not provided but he may be suggesting that such a designation wouldn’t be holistic and therefore would be impermissible.
  • Also included is the email released earlier that concerns writing on abortion.

Tillis takes shot at Booker: “You didn’t have to be Spartacus” 

Sen. Thom Tillis listens as President Donald Trump's Supreme Court nominee, Brett Kavanaugh, answers questions during a third round on Sept. 6, 2018.

Sen. Thom Tillis, a North Carolina Republican, took a shot at Sen. Cory Booker late Thursday after the New Jersey Democrat’s earlier cinematic turn, claiming that he was releasing documents in spite of a danger to his spot in the Senate.

The emails that Booker had announced — with flair — that he was exposing had in fact been cleared in the early hours by Senate Judiciary Committee staff and chairman Chuck Grassley.

Trump at rally tonight: Kavanaugh is "doing really well"

President Trump, speaking at a rally in Montana tonight, sharply criticized Democrats participating in Brett Kavanaugh’s confirmation hearing.

He described the Democrats’ actions as “sick.”

“As you saw this week, the Senate is now considering a truly exceptional nominee for the United States Supreme Court, Judge Brett Kavanaugh,” Trump said. “And he is doing really well. But do you believe the anger and the meanness on the other side? Sick. It is sick.”

He continued: “The whole country is now seeing his amazing intellect and his brilliant legal mind. Judge Kavanaugh deserves overwhelming bipartisan support, and I think he is going to be one of our truly great to Supreme Court justices.”

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