Kavanaugh Hearing: "Confidential" e-mails have already been validated for public release

Judge Brett M. Kavanaugh will appear before the Senate Judiciary Committee on Thursday as Senators continue to publicly interview President Trump's Supreme Court candidate.

Kavanaugh, a member of the US Court of Appeals for the District of Columbia circuit, is likely to be confirmed when the Senate votes later this month. When questioned by senators, he has so far avoided answering when he believed that Trump could forgive himself, refused to say whether Roe v. Wade was properly decided and defended his dissenting opinion in a case concerning the abortion of a pregnant immigrant teenager detained in a federal institution.

Key moments of the hearing:

• Booker says it is ready to publish confidential documents

• Confidential e-mails have already been validated for public release

• Kavanaugh advises against calling Roe "established law"

• Emails involve more nominees than Kavanaugh has previously suggested

14:56: Kavanaugh elaborates on dissent on contraception and religious objections

Reproductive rights advocates worry about the requirement for contraceptive coverage provided by the Affordable Care Act, known as Obamacare. In 2015, Kavanaugh disagreed with his colleagues and sided with the group Priests for Life, which argued that a provision of the law providing for the withdrawal of religious objections was too cumbersome.

Kavanaugh said Thursday on the basis of his dissent, telling Senator Ted Cruz (R-Tex.) That "the government had the means to provide contraceptive coverage without doing so on the backs of religious objectors."

The question remains in court after the Trump administration issued new rules facilitating employers' refusal to provide coverage for birth control on the basis of religious objections.

Cruz also questioned the judge on a case in which he was working as a lawyer in private practice in which he supported a high school decision to allow student-led prayers on the PA system during football matches. . He argued that students were delivering their own messages, not speaking on behalf of the school. The Supreme Court disagreed, saying the policy was unconstitutional.

"Religious, speakers and speeches are entitled to equal treatment," Kavanaugh said Thursday.

– Ann E. Marimow

14:41: Kasowitz Firm Denies Chatting with Kavanaugh's Special Advocate

Kavanaugh was questioned Wednesday night by Senator Kamala D. Harris (D-Calif.) To find out if he had discussed the investigation of Special Adviser Robert S. Mueller III on Russian interference in the 2016 elections. with lawyers from the law firm founded by President Trump's personal lawyer, Marc Kasowitz.

On Thursday, Kavanaugh was questioned again by Sen. Orrin G. Hatch (R-Utah), who gave the judge an opportunity to clarify his answers to Harris. Kavanaugh said he "remembered no such conversation," adding that he was not familiar with the names of any Kasowitz Benson Torres firm's lawyers.

Kavanaugh stated that he had not had any "inappropriate conversations" or that he had commented on his views on the legal aspects of the investigation, some of whose elements could potentially come to the fore. the Supreme Court.

On Thursday, the Kasowitz firm also stated that no one had discussed this investigation with Kavanaugh.

"There has been no discussion regarding Robert Mueller's investigation between Justice Kavanaugh and anyone in our firm," the firm said in a statement.

– Mark Berman

13h57: Hearings resume after the lunch break

After a break for lunch, the hearings resume. The first few hours were marked by a long serial on documents as well as questions about abortion, executive power, and the Special Advisor's investigation, and many questions remained unresolved for the rest of the day.

1:38 pm: The drama about "confidential" emails – which have already been validated for a public broadcast

Democrats staged dramatic protests on Thursday regarding Supreme Court mandate documents Brett M. Kavanaugh at the George W. Bush White House as senators began to publish e-mails that were hidden from view .

The documents that Senator Cory Booker (DN.J.) and Senator Mazie Hirono (D-Hawaii) posted on their websites on Thursday morning had already been made public, according to Democratic and Republican Senate advisers. Judicial Committee. These documents were clarified Thursday morning, according to spokesmen for both parties.

Nevertheless, the tragedy over e-mails formerly marked "Confidential Committee" swallowed up much of the third day of Kavanaugh's confirmation hearings, as Booker promised to divulge them in defiance of Senate rules.

"I openly invite and accept the consequences of publishing this email right now," said Booker. "Emails that are hidden from the public have nothing to do with national security."

Bill Burck, President Bush's presidential representative, said on Thursday: "We authorized the documents last night, shortly after Senator Booker's staff asked us to do so. We were surprised to hear what Senator Booker said this morning because we had already told him that he could use the documents publicly. In fact, we said yes to all the requests made by the Senate Democrats to make the documents public.

These debates characterized Kavanaugh's hearings, in which Democrats repeatedly complained that Republicans have concealed documents from the committee and the public that shed significant light on Kavanaugh's past.

The documents that took center stage on Thursday were called a "confidential committee" – which senators could consult, but out of the public eye.

Last Wednesday, a handful of Democratic Senators sent the chairman of the Senate Judiciary Committee, Charles E. Grassley (R-Iowa), several requests for e-mails to be "confidential" so that they could discuss them at a later date. public hearing on Thursday. These cases are being resolved as the Department of Justice reviews them, as well as Bush officials.

Booker may have violated the rules of the Senate on Wednesday night, when he spoke of the content of e-mails that, technically, were still under the status of "confidential committee" at that time.

"You also wrote that an effort to help minority-owned businesses, an effort to give them a boost because they've been historically excluded – and these are your words now – have used a lot of legacies and disguises to mask that, in reality, racial racism naked? That's what you said. That's how you referred to it, "said Booker, referring to one of Kavanaugh's e-mails.

Later in his interrogation, Booker again referred to confidential e-mails of the committee: "I have letters here, sir, who asked – now, the only e-mail specifically titled racial profiling – I mean , literally this was sort of designated as something that the public could not see. This was not – it was not personal information. "

The disclosure of confidential information of the committee violates the rules of the Senate and could result in the expulsion of the Senate. But if the Senate actually pursues the violation is a separate issue.

– Seung Min Kim

1:17 pm: Hearing break for lunch

Grassley suspended the hearing for a lunch break, which he said would take 30 minutes, but potentially more, noting that senators have two votes scheduled this afternoon.

1:10 pm: Court orders, not the president, are "the last word," says Kavanaugh

Senate Democrats on Thursday voiced concerns over the president's attacks this week against the Justice Department and Kavanaugh's broad view of executive power expressed in his legal opinions and speeches. In a tweet published on Monday, Trump criticized Attorney General Jeff Sessions for the recent indictments of two Republican congressional members, the latest in a string of criticisms by the president against the two sessions and the department that he said. he leads.

"In this era of President Donald Trump, this expanded view of presidential power is becoming more important," said Senator Richard J. Durbin (D-Ill.).

Kavanaugh emphasized the importance of the separation of powers and an independent judiciary.

"I've made it clear in my writings that a court decision that requires a president to do something or that forbids the president to do anything is the last word in our system," Kavanaugh said.

– Ann E. Marimow

12:32 pm: The hearing resumes

After a 15-minute break that lasted about 25 minutes, Kavanaugh resumed his place to answer questions.

12h: Read Kavanaugh's email on Roe v. Wade

In an email that Kavanaugh wrote in 2003 and made public on Thursday, he pleaded with the appeal of the "established country law" decision.

In his email, Kavanaugh wrote that it was "not sure that all the jurists refer to roe"In this way, noting that the Supreme Court" can always reverse its precedent ".

Questioned Thursday on e-mail by Senator Dianne Feinstein (D-Calif.), Mr. Kavanaugh said that he did not express his own opinions, but those of "jurists."

Read his email here. And go here to find out more about what he said on the subject.

– Mark Berman

11:27: Kavanaugh denies any "inappropriate conversation" about an investigation by a special advocate

Wednesday night, Senator Kamala D. Harris (D-Calif.) Questioned Kavanaugh to find out if he had discussed the Special Council's investigation into Russian interference in the 2016 elections with the Trump's attorneys law firm Marc Kasowitz.

The exchange sparked scrutiny online, and on Thursday, Sen. Orrin G. Hatch (R-Utah) gave Kavanaugh an opportunity to clarify his responses to Harris, who did not revealed with whom she suspected the judge.

"I do not remember any such conversation," Kavanaugh told Hatch, adding that he did not know the names of any Kasowitz Benson Torres lawyers.

Kavanaugh pointed out that he had not had "inappropriate conversations" or comments on the legal aspects of the inquiry of Special Adviser Robert S. Mueller III that could be presented to the Supreme Court.

"No advice, predictions, glimpses, winks – nothing about my perspective as a judge or how I would rule on it or anything related to that," Kavanaugh said.

– Ann E. Marimow

11:20 AM: E-mails involve more candidates for the judiciary than Kavanaugh had previously suggested

Kavanaugh testified in 2004 that he did not "personally" deal with the appointment of a controversial judicial candidate for George W. Bush: Judge William Pryor, who now sits on the US Court of Appeals for the United States. 11th circuit. But e-mails made public on Thursday show greater involvement than he seemed to indicate in his 2004 testimony.

On December 16, 2002, Kavanaugh received an email, reviewed by the Washington Post, from another White House aide marked "CA11" – a reference to the 11th Circuit. The assistant, Kyle Sampson, asked, "How did the Pryor interview go?" Kavanaugh then replied, "Call me".

Another email from June 5, 2003 reviewed by The Post showed Kavanaugh in an email chain with a handful of other officials, alerting them at 4pm. Another e-mail, in which Kavanaugh was blind, discussed a meeting the next day to "discuss candidate Bill Pryor's hearing" the following week.

Kavanaugh was nominated by Bush on April 9, 2003, and his confirmation hearing was held on June 11, 2003. It was confirmed in 2005.

In 2004, during his confirmation hearing at the United States Court of Appeals for the District of Columbia circuit, Kavanaugh said several times during his interrogation by Sen-after. Edward M. Kennedy (D-Mass.) That he had not been involved in the confirmation of Pryor.

"I usually know Mr. Pryor, but he's not the one I've personally worked on," Kavanaugh said. After being questioned, Kavanaugh said, "I have not been involved in managing his appointment."

Pryor attracted controversy because he had called Roe v. Wade "The worst abomination of the constitutional law of our history". As Attorney General of Alabama, he had filed an amicus brief in a key case of the Supreme Court on gay rights, Lawrence v. Texas, which invalidated the laws of sodomy. Pryor wrote that states should "remain free to protect the moral standards of their communities by legislation prohibiting homosexual sodomy".

Senator Susan Collins (R-Maine), one of the electors of Kavanaugh's appointment to the Supreme Court, voted against Pryor's confirmation in 2005.

White House spokesman Raj Shah did not immediately return a request for comment on the recently disclosed Pryor emails.

A spokesman for the chairman of the Senate Judiciary Committee, Charles E. Grassley (R-Iowa), said some previously "confidential committee" documents are made public at the time they are approved by the Department of Justice. Other documents requested to be made public are still being reviewed by the Justice Department and Bush officials.

– Seung Min Kim

11:01 am: Kavanaugh advises against calling Roe "established law", shows e-mail

While he was a White House lawyer in the Bush administration, Kavanaugh cautioned against referring to the Supreme Court decision in Roe v. Wade as an "established law of the land," according to an email published in 2003 on Thursday.

"I'm not sure that all lawyers refer to roe since the law established at the level of the Supreme Court since the Court can always prevail over its precedent, and three judges of the Court would do so, "Kavanaugh wrote after considering a draft of what was to be a favorable opinion. of a candidate for the judiciary.

Kavanaugh responded to the decision Wednesday, refusing to say he believed that Roe v. Wade, the decision guaranteeing the woman's right to an abortion was correctly decided. He also stated that the Supreme Court had confirmed it in subsequent cases.

On Thursday, Senator Dianne Feinstein (D-Calif.) Read aloud Kavanaugh's new e-mail and said that she "was seen as if you did not think roe is settled "and asked him to explain.

Kavanaugh said that he was not referring to his own views, but to the "views of the jurists".

Read more here.

– Mark Berman

10:45: On court cameras, Kavanaugh said he was ready to hear from other judges

Kavanaugh was asked about a common question about the court: cameras or no cameras?

The Supreme Court itself operates in a relatively anachronistic format, blocking cameras – and most other forms of technology – when cases are debated and announced. The question of whether this should remain so has been raised over the years, including for candidates who later joined the court. During the confirmation hearings of Judge Neil M. Gorsuch last year, he said he was willing to hear more on the issue.

Kavanaugh also said that he was willing to learn more, including judges already on the ground to hear "what they think about it".

"Learn, if I had to be confirmed, by the experience there and see how it goes on there," he said. "To listen to the judges currently at the Supreme Court."

– Mark Berman

10:38 am: Interrogation begins and is quickly interrupted by protesters

An hour after the start of the hearing, Senator Charles E. Grassley (R-Iowa), chairman of the committee, began questioning Kavanaugh, who had not spoken while the senators discussed what was going on. It had to be done with confidential documents.

A screaming protester on health care and chanting "SHAME" was taken outside by the police as Grassley began. Then, as Kavanaugh began to speak, a protester broke off quickly while standing up on a chair and shouting, "Save Democracy, save roe! As he was taken out of the committee room by the Capitol police.

10:30: Senate Democrats openly rebel against Kavanaugh's confidential documents

After Senator Cory Booker (DN.J.) declared that he was willing to violate the rules of the Senate and publish confidential documents, the Senate Democrats who sat on this committee openly revolted, Senator John Cornyn (R-Tex eviction.) Raj Shah, a spokesman for the White House, also tweeted the rules Thursday morning.

Cornyn read aloud rules that a senator who discloses "secret or confidential business" of the Senate could be "… liable to deportation".

Booker responded by saying, "Bring the charges." His comment was echoed by Senator Richard Blumenthal (D-Conn.), Who said, "Apply the rule, bring the charges. We are all ready to face this rule. "

"That's about all I'll have in my life for a moment" I'm Spartacus, "said Booker.

Senator Richard J. Durbin (D-Ill.) Also joined us in saying: "If there is a reprisal against the New Jersey Senator, count me."

Their comments were echoed by minority leader Charles E. Schumer (D-N.Y.), who tweeted During the debate: "I present myself with the Democrats of the Judiciary Committee, who have every right to publish these very important documents that a former Kavanaugh MP has designated as a" confidential committee ". The US Ppl deserves to know the truth about Judge Kavanaugh's record. # What is ErryTheHiding? "

– Ann E. Marimow

10 am: Booker says he's ready to violate the rules of the Senate to publish confidential documents

The fight for access to Kavanaugh's archives from his visit to the Bush White House intensified early in the hearing on Thursday morning. Senator Cory Booker (D-N.J.) Stated that he was willing to violate Senate rules and publish confidential committee documents – and to risk the consequences.

Booker had questioned Kavanaugh on Wednesday night about his use of the term "naked racial layoff" and said he would make public documents supporting this claim.

"I openly invite and accept the consequences of publishing this email right now," said Booker. "The e-mails kept from the public have nothing to do with national security."

Under the committee's rules, Booker could be excluded from the Senate for publishing such documents.

John Cornyn (R-Tex.), Major of the Senate majority, responded angrily to Booker and spoke of his potential aspirations for a higher position, saying that "running for the presidency does not justify the violation of Senate rules ". of the Senator deciding to divulge classified information which is deemed to be classified. "

9:34 am: The audience begins

Nearly 12 hours after the end of the first day of interrogation, Kavanaugh is back before the Senate Judiciary Committee for more questions. Kavanaugh sits at 9:33, sitting alone at the witness table with a stack of papers to his left and three small bottles of water to his right.

Before the start of the hearing, the Republican members of the committee were seen gathered around committee chair Charles E. Grassley (R-Iowa) as he spoke before taking his seat.

Grassley appeared at the hearing at 9:34

– Mark Berman

8:00 am: What should I watch at today's hearing?

The third day of the hearing will see Kavanaugh facing more questions from the senators. Among other things to wait and watch:

• The battle for access to Kavanaugh's records at the Bush White House will surely resurface, with Democrats asking the committee to release additional documents that have not been released to the public.

Senator Patrick J. Leahy (D-Vt.) Hinted on Wednesday that there is evidence in the confidential records of the Senate Judiciary Committee that Kavanaugh was in 2003 aware of an email that would have stolen by a former staff member of the committee. Kavanaugh stated that he had never knowingly dealt with stolen files. President Charles E. Grassley (R-Iowa) did not guarantee that these documents would become public this week, but said, "We will try to get them."

• Kavanaugh is likely to face more critical issues including firearms, abortion, executive power, health care, positive discrimination, his experiences on the bench and in the White House.

• Health care and the constitutionality of the Affordable Care Act will continue to be a significant issue, particularly as a court challenge to the law is being held in a courtroom in Texas this week. The candidate states that he can not guarantee to senators that he would respect the requirements of the law, namely that insurers cover people with preexisting conditions, as this would compromise his judicial independence. Democrats say that they will revisit the issue.

• Violent and angry protests will likely continue to punctuate the Senate debate on Kavanaugh's legal theory and legal opinions. A phalanx of Capitol police officers, dressed in dark blue and others with zipper ties, was installed against the back wall of the audience room, ready to quietly fire the protesters. The Capitol police arrested on Wednesday and charged 66 other people with disorderly conduct for disrupting hearings.

• In one of the most confused – and tense – Wednesday exchanges, Senator Kamala D. Harris (D-Calif.) Raised the issue without providing evidence that Kavanaugh could have talked about the investigation of Mueller with someone from Kasowitz, Benson and Torres. a law firm that represented Trump. It's unclear whether Harris will review the issue on Thursday, but the swap became viral and quickly became one of the most discussed moments of Kavanaugh's auditions.

Read more coverage:

Lily First day and second day of Kavanaugh's hearing

The fix: 5 points to draw from Brett Kavanaugh's hearings to date

202: Kavanaugh's Hearing Offers "Unprecedented" Demonstration of Senate Institutional Decline

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