Full Video: Kavanaugh Confirmation Hearings Day 1
should we seek recognition from the chair I just want to understand the ground Road proper proper respect and decorum + how we normally have done business and a hearing like this we wouldn’t be having all these motions your new to the Senate so this is something I’ve never gone through before in 15 Supreme Court nominations that I have been since I’ve been on here and every member beef I was interrupted before I got to a chance to say what the agenda for today but every member is going to get a 10 minutes to make their remarks and then we will go to the introducers the judge Cavanaugh they’ll be three of those they will take the usual time of introducers and then we will have the swearing-in of Judge Kavanagh and then we will have his opening remarks and then we will adjourn for today will reconvene at 9:30 on Wednesday and Thursday each member will have 30 minutes to ask questions or make all these points are making right now for each of the first-round then there will be a second round of 20 minutes each so every member is going to get 50 minutes to ask all the questions or make all the statements that they want to make in regard to anything about this candidate or anything about how this meetings being conducted and then we will we will go late into Wednesday night or Thursday night till we get done with the questioning of Judge and then on Thursday we’re going to have three panels of 6 each evenly divided 4 people that think judge Cavanaugh should be on the Supreme Court and people that think he should not be on the Supreme Court and we hopefully get that on Friday but if we have to go Saturday and Sunday will go Saturday and Sunday until we get it all done mr. chairman if I want to say something do I need to be recognized by the chair that would be the way that it’s handled I tried to explain to you I’m going to be patient because sometimes if you aren’t patient and you arguing you shouldn’t be done it takes longer than it does just to listen to people but I don’t think we should have to listen to the same thing 3 or 4 times for patients is good I have you can understand that I have been patient and listen to people not be recognized and speak anyway because I would like to have this be a peaceful siphon question about ground rules before we can proceed I’d like to know whether the majority is still requiring of all of the democratic members of this committee to pre-clear the questions documents and videos that we would like to use that this hearing if if the I was hoping that on the subject that you just brought up that we would have some clarification of how much you want to approach that in and I’m not prepared to answer that question because I don’t know what the answer has been and I don’t want you to give me what you think the answer is been of discussion between our staff on that subject never been the case in the hearing like this that the members of this committee have to pre clear what we proposed to query the nominee about I’m in that is totally unprecedented rules are welcome Verano the reason why we’re having that discussion is at least in my time on this committee and 415 nominations we’ve never had a request for a bit so I’d like it it seems to me to be courteous to all the members of the committee would be nice to know the purpose and what it might contain you don’t any questions you want to ask you can ask question it isn’t about what questions you going to ask its about the presentation of something that’s never been a part of a supreme court hearing in the past chairman I’m confused because I heard earlier that this was a reaction to the document releases last night but I am reviewing a tweet from NBC that said Democrats plotted coordinated protest strategy over the holiday weekend all agreed to disrupt and protest the hearing sources tell me and subsequent damn later let of Chuck Schumer let a phone call and committee members were executing now so I just want to be clear none of the members on this committee participate in that phone car that strategy before the documents released yesterday it says it’s are you suggesting that this allegation is false and I can tell you the time of the phone conference many issues were raised one of the issues was the fact that over 200,000 documents related to judge Cavanaugh have been characterized by the chairman of the committee committee confidential remember this committee for a number of years confidential documents have been really limited to extraordinary circumstances as an example if someone is accused of taking drugs during the course of an investigation and I’m not making any suggestion that that is even the case or close to it here it was done at a cafe In fairness to the nominee and the same thing on DUIs and the like we used an extremely rare circumstances where we would meet after this Committee hearing and sit down and it usually related to a handful of pages or a handful of document instead we found now is that we are seeing hundreds of thousands of documents characterized as committee confidential unilaterally it’s not done in the bipartisan basis is being done by the chairman so one of the discussions yesterday was this whole question whether this committee is going to hear a nominee for a lifetime appointment to the highest court in the land without access to basic information about his public record his public record as secretary to the president of the United States to have sex 35 months of Public Service we’ve been told our cannot even be considered the documents of that service cannot even be considered so I’d say to the gentleman for the senator from North Carolina there was a conversation yesterday about these documents I had no idea that 11 last night 42,000 more documents will be put on top of us and we’d be asked to take them up today so it added insult to injury entertain an on debatable motion to bring a matter before the committee to a vote if there is objection to bring the matter to a vote without for the debate a roll call of the committee shall be taken and debate shall be animated if the motion to bring the matter to a vote without for the debate passes with 11 votes in the affirmative one of which must be cast by the minority I asked for a vote on my motion to adjourn under rule for mr. chairman these are rules that we are obligated to follow the chairman has no ride with all due respect to Simply override them by Fiat obligated obligated by that rule in executive session we’re not in executive session I would I would respond I would I would respond to the issue was brought up by Senator Durbin about confidential documents I was criticized for my decision to receive some documents on committee confidential I’m doing exactly what I did during judge the score such as confirmation and what chairman Leahy did during Justice kagan’s this is another example of treating regular practices is somehow somehow out-of-the-ordinary presidential records that we receive often contain highly sensitive advice to the president as well as personal Privacy Information like phone date of birth social security numbers and bank account numbers like my predecessor I agreed to receive some presidential records has committee confidential so that both Democrats and Republicans could begin reviewing judge Cavanaugh’s materials much earlier I don’t know why my Democrat colleagues object to receiving documents faster but not all of these presidential records remain confidential in fact nearly two-thirds already became public these records are posted on the committee’s public website and available to the American people as a result we provided unprecedented public access to a record number presidential records and did it in record time the most sensitive presidential records remain committee confidential under federal law just as they were during the nominations of Kagan or Carson but we have expanded access to these documents also instead of just providing access to committee members we provided access to all 100 Senators instead of just providing access very few committee AIDS we provided access to all committee AIDS and instead of just providing access to physical binders of paper we provided 24/7 digital and searchable access this is unprecedented access to committee confidential material I’d also like to add that my staff set up workstations and I’ve been available 24/7 to help Senators hopeful or not committee access confidential materials but not once but not one Senator showed up I guess Senators complaining about lack of access to content confidential documents any interested in seeing them in the first place but I want to emphasize more documents are widely available then in any prior Supreme Court nomination and then to the issue about hiding something committee confidential documents some colleagues and you’ve heard it this morning accused of hiding documents they’re suggesting that some of the committee confidential documents contain information that would be of great interest to the well just as I did last year during Justice Gorsuch confirmation I put a process and please that would allow my colleagues to obtain the public release of confidential documents for use during the hearing all I asked was my colleagues so identify the documents they intended to use and I would work to get the Department of Justice and former President Bush to agree to waive restrictions on the documents Center Feinstein secure the public release of 19 documents last year under this process and Senator Klobuchar secured the release of for documents this year if my colleagues truly believe that other committee confidential documents should made public they never told me about them and request the ones that they wanted instead of scaring the American people by suggestion that we’re hiding some incriminating documents they should have made a request that I to get the committee confidential designation remove this year I received no such request except from Senator Klobuchar are which was honored and resulted in the disclosure document that she wanted to use during this area German you you stated what I did and you stated it in accurately I think I have the right I said I was paraphrasing it give me the when you speak about doing the same thing as with Elena Kagan I was chairman when Elena Kagan was here we had 99% of her records on the White House were made public 12 Days 12 days before the hearing with judge Cavanaugh we have 7% you talk about the numbers of pages of fact is 99% for Elena Kagan 12 days before the hearing it was all available at 7% only 4% made public so you know if we’re going to argue what was President I would I would point out that I’ve been in the senate for 19 Supreme Court nominations what is being done here is I’m president and I keep coming back to the same question I asked what are we trying to hide what are we hiding what’s being here why not have it open like all others only other time we heard a president invoke executive privilege was President Reagan during the Justice William Brent was here and Republicans and Democrats together winterman said don’t do that is okay you’re right and he withdrew his request of executive privilege and release the documents sorry to see the Senate Judiciary Committee to send this way I felt privileged to serve here under both Republican and Democratic Leadership for over 40 years this is not the Senate Judiciary Committee I saw when I came to the US Senate or you could I please respond after I get done I want to give the exact quote that I was paraphrasing chairman lady said quote we have Judge Sotomayor record from the federal bench that is a public I heard that we had even before she was designated by the president Judge Sotomayor mainstream record of judicial restraint and modesty is the best indication of her Judicial philosophy we do not have to imagine what kind of a judge she will be because we see what kind of a judge she has been and so that’s why my answer to the gold-standard of Weather Center Cavanaugh beyond the Spring Court based upon what Democrats themselves that said is the best judge of whether as you should be on the Supreme Court Center 12 turn that on Justice Sotomayor I did say that we should look at her cases just as we should judge Cavanaugh I’d like to mention and I think it ruin it neglect to mention that the Republicans ask for board minutes from her work and he’s Civil Rights group in the 1980s long before she was ever even considered as a giant you ask for that and we got it for you we have 188 thousand pages of documents go ahead Center Klobuchar thank you very much another thing that we’ve been discussing irrelevant and number two while I appreciate you granting my request mr. chairman on his campaign Finance documents this is all they were this is it this is how many pages we have a hundred and Forty-Eight thousand documents that we can’t talk about publicly and I will say they are eliminating it shows that the nominee I have a limited view of campaign Finance reform in his own words I he says that his views on the First Amendment cure when it comes to this very important issue and we can talk about that more in the future but I do have a question and that is but yes I ask for these documents but I’ve also joined several letters led by Senator Feinstein asking that all the doc that we have in the committee be made public so that we can ask questions and then finally I might initial point that I’m so focused on the hundred and 2,000 pages of documents from Judge Kavanaugh’s work in the White House counsel I would like to know determine if you have another example of a time when executive privilege was invoked to block the release of presidential records to the Senate during a supreme court nomination as far as my research shows that wasn’t done if Justice Kagan or Justice Roberts and I’d like to know if you have another example of that during a supreme court nomination hearing track during the time that they worked in the white house that is my question and as many confirmation hearings are some of my colleagues but this is the first confirmation hearing for Supreme Court Justice I’ve seen basically according to mob rule we have rules in the Senate we have Norm’s for decorum everybody as you point out mr. Jim’s going to get a chance to have their say you’ve given everybody a chance to ask questions for up to 50 minutes you’ve given him a chance to make an opening statement any one of our colleagues and step out here talk to the press and make whatever comments they want to the press and tell the world how they feel about this but the fact is it’s hard to take it seriously when every single one of our colleagues in the Senate Judiciary Committee on the Democratic side announcer opposition to this nominee even before today’s hearing so it’s hard to takes seriously their claim that somehow they can’t do their job because they’ve been denied access to attorney-client or executive privilege doctor when they’ve already made up their mind before the hearing there’s nothing fair about that and we would just ask for an opportunity for the American people to be able to listen to this nominee answer the questions that we have and I think that’s how we are to pursue I hope we will specifically to that comment there is precedent Here There are rules that can guide us we’re asking for those rules to be followed in the past our colleagues on the Republican side the ask for a postponement of these committee proceedings on nominations when documents have been denied on two occasions from Senator sessions then Senator sessions and Senator Kyle those requests were granted we’re asking simply that that president be followed mr. chairman far from mob-rule far from contempt of the process we’re simply asking for respect here to the normal regular order because he was my friend said his reason for unilaterally designating 147000 pages of Berk documents as committee confidential is because that was the condition that bill Burke imposed on the provision of the documents when Kevin I was in my office meeting with us I asked him who is Bill Burke by what Authority can he restrict the information given to the Senate Judiciary Committee and to the American people is he a government employee no one knew this mysterious Bill Burke who is Phil during these documents so I figured since the nominee carries a constitution is pocket there must be some reference to build Burke in Article 2 Section 2 but it just says advice and consent of the Senate it doesn’t food mr. Burke by what Authority is this man holding back hundreds of thousands of documents from the American people who is he who’s paying him so committee confidential is being determined by a man a private attorney and we know who he works for or who he’s accountable to determine in the past when we went into pretty confidential it was going to discrete specific area of concern involving a handful of words are accusations that have been made in a document you were very careful to do it on a bipartisan basis that has not been the case here 147,000 Pages have been designated by Bill Burke is outside the reach of the American people in the Senate Judiciary Committee that’s a further example of why this whole process is going to straight and I think your explanation ignores that can you tell me again how many documents have been produced 488000 – or I mean other than 28,000 Pages at Justice Cavanagh has submitted including his own judicial opinion having a hearing on the nomination of the of a nominee for the Supreme Court you’re not in executive session number 3 from the nominee hopefully it was going to be before 2:30 it’ll probably be later this afternoon though can I ask my colleagues on the other side of the aisle how long you want to go on with this because I’m not going to entertain any of the Motions you’re making we’re not in executive session and I think we oughta level with the American people do you want this to go on all day because I have been patient I’ve been accused of having a mob rule session now if we have a mob rule session is because the Chairman’s not running the committee but since everyone of you on that side of the aisle except Senator Booker Sarah Harris new to the committee said during Justice Gorsuch hearing everyone of you prefaced your comments on how fair I wasn’t running that here now this is the same Chuck Grassley that ran the Garcia cherries I’d like to run this hearing the same way if you’ll give me the courtesy of doing it thank you this how long do you want to go on this is Sherman I’d like to make one more point before we proceed if I might the accusation that this is a Marlboro hearing was made by your colleague from the state of Texas I think you have been conducting this in a respectful appropriate deliver away my concerns that I want to renew given the exchange you just had was Senator Leahy who has participated in or presided over more Supreme Court confirmations than any currently serving member I believed was over how the document request was handled for now Justice Kagan a request was sent to the National Archives member Feinstein try to work with you to send an identical request to the national archives in before we proceed with the questioning mr. chairman I simply would like to have a settled hard about why you chose to communicate directly to the archives not to respond for the ranking members request members of this committee have raised issues about an unprecedented committee process by which documents were blocked by which they were considered classified and by which we have been from being able to share them with the American people or ask questions based on them this is unprecedented that’s why as you put it this side seeks to raise issues to establish ground rules before we proceed you as an appropriate I’ll get I have an answer I don’t know if it will satisfy your not those documents are the least useful in understanding his legal views in the mall sensitive to the executive branch and let me let me emphasise the most sensitive to the Executive Branch the staff secretary serves as an inbox and outbox to the Oval Office nephew and if you’re going to have opportunities to ask the nominee himself what he did then but I’m giving you my judgment about being a person that primarily was responsible for May changing the paper that crosses the president’s desk his job and if I’m wrong he can satisfy you otherwise and your questions you want to ask during but his job was to make sure the president sees the advice of other visors not as staff secretary providing his own advice one of President Clinton’s staff secretaries Todd Stern describe the jobs this way I quote the staff secretary job is not the info who’s the president what to ensure he gets a balanced diet of you points from all relevant people on the staff you’re certainly not trying to put your thumb on the scale between options review judge Kavanaugh staff secretary documents would teach us nothing about his legal views for that we have the hunt 307 opinions that he wrote and the hundreds more joined totaling more 10000 pages of judicial writings we also have more than 17,000 pages of speeches articles teaching materials and other materials that judge Cavanaugh attached to his 120 written response which I think was a quite of Judiciary questionnaire was probably the most robust questionnaire ever submitted to a supreme court nominee we also have more than 480 thousand pages of emails and other documents from Judge Cavanaugh Service as an executive branch lawyer this is a half million pages of paper more than the last five confirm Supreme Court nominees combined in addition to not shedding light on kavanagh’s legal views the staff secretary documents are very sensitive to the executive branch let’s emphasize that word sensitive these documents contain highly, advice including national security device that went directly to the president from his advisers it would threaten the Candor a future advice to presidents if advisors new their advice would be broadly do skulls Senators have more documents for judge Cavanaugh than any of nominee and Senate history Democratic leaders insisting on getting staff documents was a way of not having this hearing take place at this particular time so can I proceed members of the democratic caucus so you’re done can I proceed to my opening statement and I’ll defer to my colleagues but I just as a point of information we sent a letter to your mr. chairman 7 days ago regarding the committee confidential nature of the documents and ask that they would not be estimated committee confidential as another point of information it is my understanding there are 6 to 7 million pages of documents regarding this nominate and it is my understanding with all due respect mr. chairman that you’ve only requested 10 to 15% of the total I appreciate that there are a lot of pages of documents but we have to have this conversation in the context of the total and the fact that we’ve only been given by your requests 10 to 15% of those documents my final point is this this is a hearing about who will sit on the highest court of our land this is a hearing that is about who will sit in a house that symbolizes hours system of justice in this country and some of the most important principles behind the Integrity of our system of of justice is that we have due process and we have transparency that is why we have public that is why we have requirements in courts of law in our country that there will be transparency that both parties will be given all relevant information we can argue then as to the weight of the of the documents significance but not as to whether or not they’re admissible so I have ject I asked that we renew and and revisit Senator Blumenthal motion to to to suspend my motion to postpone his hearing thank you thank you I appreciate it I appreciate your giving me the four I made a motion that is properly before this committee the chairman said earlier that he has never been through a come from and process like this one the reason is that no Administration in the past has engaged in this kind of concealment that’s the reason very simply it is not the chairman necessarily it is this Administration that has concealed and hidden documents from us and from the American people and so I renew my motion that we adjourn so that we can access the dog we need review them in a deliberate and thoughtful way much has been done for colleagues in the past when they have requested it and as is required under rule for of our rules there is no requirement that we be an executive session to follow this rule mr. chairman and I respectfully ask that we follow our rules that we proceed in accordance with those forms and I know the chairman has great respect or open government or whistleblowers for sunlight is the best disinfectant we need some sunlight in this process thank you mr. chairman and I again renew my motion to adjourn which has been seconded by Sandra white how do you know how you because we’re not in executive session I will proceed with my is a misconception as to what White House staff secretaries do and if I have to pass the staff secretaries Todd Stern and John podesta wrote an op-ed in July 3rd 2018 Washington Post titled staff secretaries aren’t traffic cops stop treating cavanal like he was once and if that don’t count on himself has acknowledged the importance of a time that he was White House staff secretary so why mr. chairman you and the others on your side keep saying that this was a kind of nothing kind of a job nothing could be further from the truth and this is why we are so adamant about requesting these documents that the judge himself and I am self and said among the most formative time of his adult life thank you this German course that’s why we have this hearing judge Cavanaugh about his role in almost anything he’s done in his lifetime I assume mr. Sherman one check for on this committee especially some of the new folks answer in the most plain-spoken way I can possibly do is work spected to evaluate a nominee who has a bath record and if you look a lot of numbers have been sighted 10th here $40,000 hundred thousand here but an entire body of his record so we’ve only have 10% of his record we’ve been all evaluate 90% of it I’ve been withheld from Senators 90% of his records or asking to evaluate a to have intelligent questions and insight into his record but we only have 10% of that record we can go on and on about the numbers of documents hundred thousand ten thousand but the fact is we are about to proceed with the historic hearing we’re about to towards having a hearing on someone having a lifetime appointment on the most important court in the land that will affect you ate so many the areas of American life from civil rights to women’s rights to access to health all the stuff decided we’re going into this only having 10% access to 10% of of the body of work of this man’s career that seems to me just common sense 90% is missing just common sense says we should have access to thoroughly evaluate this person we’re not asking for anything out of the ordinary other candidates before people can talk about the tens of thousands of your hundred thousand here but we’ve for more for every Supreme Court Justice that has been mentioned here for more than just 10% to scan a bit my colleagues talk about what our duty to the American public is our duty the American public as to evaluate a candidate on their body of work but we’re not even getting that and why because some political person not the person hold public office not because I’m president to think that this committee has seated at the role to a part as an outside lawyer and so here we’re about to go forward with just 10 this person’s record to evaluate the base our questions on to investigate 90% is being withheld just common sense would say that that’s not fair that’s not right it undermines our ability to do our job it is just playing wrong one of the Senate’s most solemn constitutional duties is to provide advice and consent to the president on the nomination of Supreme Court Justices we’re here this week to hear from Frank Cavanaugh to hear about she is exceptional qualifications his record of dedication to the rule of law and his demonstrated Independence and his appreciation of the importance of the separate Powers indeed to protect individual liberty the framers designed a government of three equal branches strictly separating legislative executive and judicial powers the Gamers intended for the Judiciary to be immune from the political pressures the other two face that is so that judges would decide cases according to the law and not according to to popular opinion now 230 years after ratification are legal system is Indy of the world it provides are people’s stability predictability protection of our rights and equal access to justice but this is only possible when judges are committed to the rule of law are legal systems success is built on judge’s accepting that their role is limited to deciding cases and controversies a good judge exercises humility and makes decision according to specific facts of the case and of course according to the law a good judge never a good judge never basis decision on his preferred policy preferences a good judge also has courage recognizing that we have an independent Judiciary to restrain judges when that government exceeds waffle Authority President Andrew Jackson said quote all the secured to the citizens under the Constitution are worth nothing and a mere bubble accept guaranteed to them by an independent and virtuous Judiciary and the quote probation hearings for Supreme Court nominees are an independent or a very important opportunity to discuss the appropriate role of Judges as I see it and I expect many of my colleagues will agree the role of the judge is to apply the law is written even if the legal result is not won the judge personally likes Justice Scalia is often been quoted because he was fond of saying if a judge always likes the outcome of the cases he decides he’s probably doing something wrong I don’t want judges who always Beach a liberal result or conservative result I want to judge who rules the law the way the law requires judges must leave lawmaking to the Congress do you like the representatives of the people judges and justices have lifetime appointments they can’t be voted out of office if they legislate where is if Congress legislate something that people don’t like then you can vote them out of office that’s why there to interpret law and not make law now some have a very different view of what a judge’s role should be according to this few judges should decide cases based upon particular outcomes in order to advance their politics but the American people don’t want their judges to fix I’d before they hear a case they want a judge who rules based upon what the law commands this is the reason why all Supreme Court nominees since Ginsberg have declined to offer their personal opinions on the correctness of President seeking assurances from Menomonie on how he will vote in certain cases or how he views certain president undermines judicial Independence and essentially asked for a promise and exchange confirmation vote it’s unfair and unethical indeed what littiken could expect a fair Shake If the judge has already prejudged the case before the lytic and even answers the courtroom I expect judge Kavanaugh in fact it’s my advice to him to follow the example set by judge skins Justice Ginsburg and all nominees that followed her that a nominee should offer no hints no forecast no previews and the quote on how they will vote Justice Kagan when asked about Roe v Wade said the following quote I do not believe it would be appropriate for need to comment on the merits of Roe v Wade other than to say that it is he’s settled law entitled to presidential wait the application of role to Future cases and even his continued validity our issue is likely to come before the court in the future and the quote senators were satisfied with these answers on President so Senators should be satisfied is Judge Kevin all answers Samurai this is my 15th Supreme Court confirmation hearing since I joined the committee in 1981 31 years ago during my 4th survey Court confirmation hearing liberal outside groups and their Senate allies engaged and unprecedented smear campaign against judge Robert Bork as Mark Pulliam said in an op-ed over the weekend the borking of Robert Bork taught special interest groups that they could demonise judicial nominees based solely on their worldview worse character assassination approved and if nearly sinking Justice Clarence Thomas’s appointment for years later but he also said continuing to quotient by confirming just judge Cavanaugh the Senate can some way toward atoning for shame will treatment of Justice Robert Bork 31 years ago in the quote judge is one of the most qualified nominees if not the most qualified nominee that I’ve seen a graduate of Yale law school working three federal judges including a man he nominated to replace he spent all but three years of his career in public service and they serve the judge for 12 years on the DC circuit the most influential federal circuit court has one of the most impressive records for a lower court judge in the Supreme Court in at least a dozen separate the Supreme Court adopted positions at Vance by judge Cavanaugh the American Bar Association whose assessment Democratic leaders have called the gold standard of judicial evaluations Ray the judge Kevin all unanimously will qualify a review of Judge Kevin Owens extensive record demonstrates a deep commitment to the rule of all he is written eloquently that both judges and fed agencies are bound by the law Congress and acts and he’s criticize those who substitute their own judgement about what a statute should say for what the statute actually says after president nominees judge Cavanaugh I said this would be the most thorough and transparent confirmation process in history I say that statement even regarding all the discussion we’ve had this morning it has proven to be it from Judge kavanagh’s authoring 307 opinions joined hundreds more amounting to more than 10,000 Pages if submitted he submitted 17,000 pages of speeches articles and other materials to the committee along with this hundred and twenty page written response to the questionnaire that the committee set out these adds up to 27000 pages of Judge kavanagh’s record already available to the American people and we received just shy of a half a million pages of emails and other documents from Judge Cavanaugh Service as an executive branch lawyer which is more than we received for the last 5 Supreme Court nominees every one of these more than 483 pages of executive branch records are available to any Senator 24/7 I push for federal officials to significantly expedite public disclosure process under federal law so that all Americans have online access to more than 290,000 pages of these records now on our Committee website in order in short the American people have unprecedented access and more materials to review judge Cavanaugh than ever have had four a Serene Court nominee and to support the review of Judge Cavanaugh’s historic volume of material I’ve work to ensure that more Senators have access to more material than ever since so much of the rest of my statement has been discussed this morning by what the Democrats have said and I’ve answered a lot of it I’m going to put the last 7 pages of my stay on the record and I’m going to ask Senator Feinstein if she has more to say on her opening statement and if she doesn’t I’ll go to Senator Senator hatch probably truncated even so and I think it’s really important that people as well as the judge the nominee understand how strongly we feel and why we feel that way I want to talk a little bit about one of the big decisions that we have the belief that it all though you told Senator Collins that you believed it was settled law the question is really do you believe that it’s correct law and that’s where I’ll be weighed I was in the 50s and 60s active but first as a student at Stanford I saw what happened to young women who became pregnant and then subsequently I sat as a pointy of Governor Brown’s on the term setting and paroling Authority for women in California who had committed felonies and so I sentenced women who had committed abortions to State Prison and granted them paroles until came to see both sides the Terrible side and the human and vulnerable side and when you look at the statistics during those days those statistics at the good mocker Institute has put out are really horrendous are you the president that nominated you has said I will nominate someone who is Auntie choice and pro gun and we believe what he said we cannot find the documents that absolve from that conclusion so what women have one through Rowe and a host of privacy case he had to be able to control their own reproductive system to have basic privacy rights really extraordinary really important to this side of the aisle and I hope the other side of the aisle as well last year you drafted a descent in Garza Garza V hargan and that’s a case where a young woman in Texas I believe was seeking an abortion in that the sent you argued that even though the young woman had complied with the Texas parental notification law and secured an approval from a judge she should another the last net none-the-less be barred in make your argument you ignored and I believe mischaracterized as Supreme Court precedent you reasoned that Jane Doe should not be unable to exercise her right to choose because she did not have family friends to make her decision the argument rewrite Supreme Court precedent and if adopted We Believe would have required courts to determine whether a young woman had a sufficient support network when making her decision even in cases where she is gone to court this reason we believe I believe demonstrates that you are willing to disregard precedent and if that’s the case because just saying something settled law it really is is it correct law the impact of overturn row is much broader than a woman’s right to choose it’s about protecting the most personal decisions we all make from government intrusion row is one in a series of cases that held an individual’s right to decide who to marry it’s not the governor’s or the government’s right where to send your children to school the government can’t get involved what kind of medical care you can receive at the end of life as well as weather and when to have a family and I deeply believe that all these cases serve as a bulwark of privacy rights that protect all Americans from over-involvement of a permit in their lives and to me that’s extraordinary really important next I’d like to address the president’s promise to appoint a nominee blessed by the NRA in reviewing your judicial opinions and documents it’s pretty clear that your views go well beyond simply being pro-gun and I’d like to straighten that out it’s my understanding that during a lecture at now Fordham law school you said you would be the quote first to acknowledge that most other lowers judges screwed Court judges have disagreed with your views on the Second Amendment for sample and District of Columbia V Heller you wrote that unless guns were regulated either at the time of the Constitution was written or traditionally throughout history they cannot be regulated now in your in your own words gun laws are unconstitutional unless they are quote traditional or common in the United States you concluded that banning assault weapons is under institutional because they have not historically been banned and this logic means that even as Weapons become more advanced and more dangerous they cannot be regulated judge Easterbrook is you know a conserve judge from the seventh circuit concluded that that reasoning was absurd and he pointed out that a Law’s existence can’t be the source of its own constitutional validity in fact I’m left with the fact that your reasoning is far outside the mainstream of legal thought and that it surpasses the views of Justice Scalia who is clearly a pro-gun Justice even Scalia understood that weapons that are like M16 rifles or weapons that are most useful and military service can in fact be regulated and there’s no question assault weapons like the AR-15 were specifically designed to be like the M16 United States makes up 4% of the worldwide population but we own 4 2% of the worlds guns since 2012 when 20 first-graders and six School Employees were killed at Sandy Hook Elementary there have been 200 73 school shootings this is an average of 5 shootings every month and a total of 462 children teenagers teachers and stabbed shot and 152 killed I care a lot about this I authors the assault weapons legislation that became law for 10 years and I seen the destruction if the Supreme Court where to adopt your reasoning I fear the number of victims would continue to grow and citizens would be rendered powerless in enacting sensible gun laws so this is a big part of my perry honest concern you’re being nominated for a pivotal seat it would likely be the deciding on fundamental issues so during your time in the white house when you work staff secretary some people regarded as kind of a monitor monitoring things going in and going out I think it’s much more and you yourself have said that that’s the period of my greatest growth and so we try to look at it and the only way we can look at it is understand the documents and it’s very very difficult I don’t want to take too much time but we’ve heard a lot of noise behind the noise is really a very sincere belief that it is so important to keep in this country which is multi-ethnic multi-religious multi economic a court that really serves the people and serves as great democracy and that’s my worry that’s my worry so I look forward to your state and answering the questions thank you mr. chairman for 10 minutes commercial process that I’ve ever participated in we received more than twice as many documents for judge Cavanaugh us for any Supreme Court nominee in history we have tens of thousands of pages of Judge Cavanaugh’s opinions speeches and other writings this has been an exhaustive process and thank you for your leader father not to our witness Judge Kevin. It’s good to see you know you for a long time this is my 15th & Final Supreme Court confirmation hearings I participated confirmation of every current justices on the court I’ve participated in the confirmation of over half of all federal judges now serving in the federal system normally when I see one and you are a great nominee I don’t think there’s any question but I’ve known you for a long time I remember when you first came before this committee back in 2004 for your first confirmation why was the chairman of this committee at the time I got to know you well I was impressed by your intellect your legal ability and your integrity all of which were very much notable that only 39 years of age you know more about the law of the most lawyers have practice for a lifetime and you have been an outstanding judge you have earned the respect you’ve learned to respect of the Supreme Court as well as you know the Supreme Court has adopted the positions in your opinions no less than 13 times that’s that that’s something nobody can really argue against you’ve offered Landmark opinions on the separation of powers administrative law and national security you served as a mentor of course and hundreds of lost him male and female your students on the phone did not show your philosophy your student reviews are off-the-charts favorable even buy those who not of completely agreed with your philosophical approaches and some matters you volunteer in your community are you coach youth basketball you’re the sort of person many of us would like to have as a friend and a colleague you also apparently liked it like two with eating pasta with ketchup but nobody’s perfect stop this thing politics and this being a just being a supreme court confirmation hearing my Democratic colleagues actually yet my Democratic call Extended meant that you’re actually a good judge and a good person as well they have they have to turn the volume up to 11 and try to paint you as one of the four horsemen of the apocalypse anyone who actually knows you knows that’s ridiculous and the American people will see soon enough that you are a smart decent normal person that just so happens to have been nominated to the highest court in our land so here are the facts just having us one of the most distinguished judges mr. Tim I think we ought to have this this loud mouth removal I hope she’s not a lost it that we have quiet I’d like to explain that I advised year 2 years ago that at my hearings I expected the police to do their job and I expect the committee to go on but if you don’t want to continue going to continue launch Kavanaugh’s one of the most distinguished judges in the entire country is Sir for over 12 years now in the US court of appeals for the DC circuit the DC circuit because it hears many critically important cases involving agency action on the separation of powers during this time on the bench judge Cavanaugh’s heard over a thousand cases he’s written more than 300 opinions opinions fan nearly 5,000 pages in length but it’s depth and its quality Judge Kevin husband the truth but later he’s written powerful opinions on the separation of powers and administrative law he sounded he brings a fair-minded approach to criminal law on employment law on almost every issue of consequence just having us made a significant contribution to our nation secure and he’s one respect from both sides of the political Spectrum receive letters from former Clark’s former colleagues former students and former classmates just having a Stirling character and qualifications the members of the Supreme Court bar and legal Academia have all written and strong support of Judge Cavanaugh’s nomination the authors of these letters subject to a person they speak of Judge Cavanaugh’s integrity and judgment and they enthusiastically endorses nomination I’d like to highlight one letter in particular from 18 of Judge former women law clerks that’s all of his former women Clark all of them who are not precluded by their current or pending employment from signing the letter they write that court judge Cavanaugh has been one of the strongest advocates in the federal Judiciary for women lawyers unquote they detail the mentoring and encouragement Jets cabinet has given them in their careers and they say that is it is quote not an exaggeration to say that we would not be the professors prosecutors public officials and appellate Advocates we are today without his enthusiastic encouragement and unwavering support unquote spell the political divide a number 1 on the clerk for Liberal justices that is some shows you the high regards has Kevin I have to cross the ideological Spectrum Republican and Democratic appointed judges alike it’s hard former Clerk’s Judge Kevin is no ideologue he has no extremists he is a highly respected thoughtful fair-minded judge who is well within digital mainstream look no further than the letter of the Medi receive from over 40 members of the Supreme Court bar supporting judge Cavanaugh nomination among the signers are paper like like Lisa Blatt the Anne Maynard and Kathleen Sullivan these are nationally Find attorney who practice frequently before The Supreme Court and the federal courts of appeals and they are not conservatives to the contrary they are among the most prominent liberal Attorneys at the bar and then the country but I know judge Cavanaugh they know it’s work they know it’s character now you know that he is an outstanding judge and they know that he will make an outstanding Justice if he could just get the politics out of I think we could all agree indisputable e qualified nominee was strong packing in the legal Community who is well within the traditional mainstream go ask anyone who practices regularly before The Supreme Court who doesn’t have a partisan agenda and they’ll tell you judge Cavanaugh is exactly the kind of person we should have on the court or we should one on the court a day no less than Bob Bennett during Clinton’s presidency road to the committee urging support for Judge Kevin us nomination here’s what we here’s what he intended to say quote of the Washington attorney like a test of the highest aim and which tube how old is Judge Cavanaugh Boyer’s love arguing before him the most qualified person any Republican president could possibly have nominated where the Senate to fail to confirm breath they were not on the main passing up the opportunity to confirm a great teacher undermine stability and politics twice over just in playing politics with such an obviously qualified charitable and then again I’m losing the opportunity to put such a strong advocate for decency and civility quote again this was President Clinton’s personal lawyer during Clinton’s presidency who let it go let it go and Democrat unfortunately we have all these interest groups screaming from the sidelines and putting pressure on my Democratic Comics to make this here in about politics to make it about pretty much anything except judge Cavanaugh occasions we have folks who want to run for president I want their moment in the spotlight I want that coveted TV clip frankly I wish we could drop all the Norman is off all day sunsets Just Cabinets unquestionably qualified is one of the most widely respected judges in the country is well within the traditional mainstream anyone who wants to argue otherwise wants to banish half the country from the mainstream so Josh I’m glad you’re here today I’m sorry you’re going to have to go through some of some of this nonsense that’s about to come your way but I hope you do it well you’re you’re smart you’re smart and you’re a fundamentally decent good person anyone who actually knows you knows I don’t know type of instruments what’s going on in the other day and frankly I shouldn’t even be allowed in the room but I’m proud of you I know how good you are I know you deserve this I’m proud of the president for nominating you and frankly I wish you the best because we’re going to confirm you and so she can take what time she wants right now I’d like to recognize the president of the National Urban League Melanie Campbell to president and CEO of the National Coalition on black civic participation Reverend Al Sharpton the president of National Action Network Vinita Gupta president and CEO leadership conference of civil and human rights Derrick Johnson president CEO NAACP sherrilyn Ifill president NAACP legal defense fund Kristen Clarke president and executive director lawyers committee for civil rights and Fatima gross Graves resident and CEO National Women’s Law Center I would also like to recognize Fred Gutenberg the father of Jamie one of 17 killed in the Parkland shooting Kelly Gregory former Airmen glass single mother business owner living with stage 4 metastatic breast cancer Sarah and advocate for LGBT rights and protections for patients TN Ellis who works on beach a people with disabilities Angel young and enrolled member of The Standing Rock Lakota and a veteran Kim Jorgensen gained who advocates for a woman’s right to choose Bobby Jenkins longtime time resident of Randolph County Georgia Georgia and a voting rights Advocate carry chin who’s been fighting for marriage benefits for same-sex couples and Carlota Lanier a member of Little Rock Nine for this courtesy two minutes we’ve heard a lot of rhetoric I think it might serve the committee well to have some reality I served in the senate for 44 years during that span David vote on 19 nominations to the Supreme Court I mentioned this because I have a sense of history and I’ve never seen that 44 years so much at stake with a single seat but I’ve also never seen such a dangerous rush to fill it president Trump promised he would only nominate judges Supreme Court would overturn Roe vs. Wade judges who dismantle the Affordable Care Act judges who would reshape are Judiciary now that’s not judicial active I don’t know what it is and judge Cavanaugh with your nomination present is made it very clear that he’s following through on his promises and many of us feel he is it seems that you have made you may haven’t read them for another reason you’re expensive view of executive power and executive immunity you taken the unorthodox position the presidents should not be burdened with a criminal or civil investigation while in office this is very now we have a president who is declared in the last 24 hours that Department of Justice shouldn’t prosecute Republicans it’s is Alice in Wonderland and I find it difficult to imagine that you’re use on this subject escape the attention of President Trump who seems increasingly fixated on his own ballooning legal Jeopardy when questioning you about these concerns will certainly look to your record on the bench all of us because the Democrats agree that we should indeed your 12 years on the DC Circuit Court of Appeals during these hearings the unknown looms even larger before sitting on the bench you were a political operative involved in the most political and partisan controversies of our time during this time you should where’s your personal view on contentious issues without regard to restrictions imposed by president or Starry decisis the Judiciary Committee Supreme Court hearings are meant to be and unsparing examination of a nominee to a lifetime appointment to our highest court are intended to give the American people a genuine opportunity to scrutinized and nominees Judicial philosophy police and character because if confirmed for the stroke of a pen a nominee made actor lives for a generation or more and how far we following Judge Kevin there’s so many things wrong with this committee’s better of your record is hard to know where to begin be on this committee under both Republican and Democratic Leadership I never thought the committee would sing to this in fact you shouldn’t be sitting in front of us today should be sitting in front of this only after we’ve completed the review of your record your wedding is less than 10% complete in critical ways are Committees of banding his tradition constantly bending Supreme Court nominees first inexplicably my Republican friends refuse to request records from your three years as White House staff secretary even though you describe those as the most formative for you as a judge when you provide advice on any issue that may cross the president’s desk those issues include abortion same-sex marriage and torture and torture but six weeks ago Senate Republicans handling a private meeting with a white Council was here today and hours later the American people were told those records to be off-limits and 2nd and Stockton from committee person for 44 years chairman Grassley sent a partisan records request to the National Archives not only did all 1 million records from your three years just have secretary it did not request a privilege log that means specific documents are being withheld why we don’t even know what is being hidden such a move is simple incompatible with transparency records request until the end of October that’s a non-partisan archives Shirley I would the German I do not continue in any I do not intend to any point to continue what I have to say was such interruptions now and even if it means a supreme court with eight justices for short time after all Senate Republicans established a tradition of having just a charges they did that with their treatment of chief judge Merrick Garland and show they were fun to have patience with filling Supreme Court vacancy win the first time ever I refuse to have a boat on a supreme court nominee either up or down during a presidential election year and I’ve been here when they have had in the past such votes but Republicans that says cast aside the archives they swapped the non-price review process used for every nominations Watergate for partisan one Watergate to see why we have that nonpartisan process is bald by every nomination since Watergate until today and my quest Terry Crews what is being hidden and why in the bush White House they hyper lawyer Walter represents a half-dozen trump Administration officials were under investigation by prosecutors in the Russian investigation and this part the Senate but more importantly the American people the American people get to see Boris countless documents that have been provided the committee contain apparent alterations and omissions zero explanation no court in this country certainly no court I ever argued case it before would accept us as a legitimate document production and United State shouldn’t either this more than 40% of the documents we have received almost a hundred 9000 pages are considered committee confidential by chairman Grassley for the vast majority then there’s not even conceivable argument restrictive compare this is mere 860 document to a designated committee confidential for Justice Kagan and that the request by the nonpartisan archives not buy this committed suicide 99% of her records and 6 on Friday we learned that President Trump is claiming executor privilege over the additional hundred two thousand pages of your records such a blanket assertion executive privilege is simply unheard of in the history of this country and the reason outrageous the last time he president tempted the height of Supreme Court nominees record by invoking executive privilege was when President Reagan to District Justice William rehnquist 10 Republicans and Democrats came together to see we demand of the dark documents be released and present Reagan said okay and they were released boy have times if change is coming today we receive less than half a children grasses partial records request meaning we’re moving forward even though we’ve received even Republicans domination just a few weeks ago and then we received two thousand Pages free record a few hours ago the notion that anyone here is properly reviewed them or even seen them at all is laughing it’s laughable it doesn’t pass the giggle test that alone would be reason to postpone during normal times but nothing about this is normal alt old only 4% 4 % of your White House record has been shared with the public only 7% has been made available to this committee the rest remains hidden scrutiny compare this to the 99% of Justice kagan’s Whitehouse record that was available to all Americans as a result of the bipartisan process Iran within rank member Jeff sessions is being hidden and why if I’m not been clear I will be so now today the said it is not simply phoning in our wedding obligation with this guy to you it’s a shame I felt on the day when I took the oath of office the first time 44 years ago I was told by both the Republican and Democratic Leadership for the sun people I highly respect should be in can be the conscience of the nation I represented Vermont here for 44 years of service Pride here please is it can be and should be the conscience of the nation today with this hearing it is not being the conscience of the nation it’s a piece of you record we’ve received it appears you provided misleading testimony about your involvement and controversial issues of the Bush White House during your previous confirmation hearings misleading test I asked you about these concerns last month and I want to let you that I will return to those concerns when you are under oath and I’m asking questions what I fear that can people not know the full truth until your full records public and unfortunately Republicans have done their best to ensure that won’t happen so we can get these hearings spanning multiple years of your career deeply influenced by your own words you’re thinking as a judge and then he claimed this has been a throw transparent process is downright orwellian this is the most incomplete most Patterson least transparent wedding for any Supreme Court nominee I’ve ever seen and I’ve seen more of those any person serving in the Senate today so judge is premature I hope you use it though the answer is questions directly clearly and honestly cuz the American people real concerns about how your confirmation affect their lives this Supreme Court is a guarantor of our liberties in our Republic view I would argue are worthy of taking a seat only those Integrity only those who believe the truth is more important and party only those who is yuno inscribed Vermont marble above the Court’s entrance of the words equal equal justice under law for the millions of Americans fearful that they’re on the verge of losing hard pot rights that braces never been more important is today frankly remember the Supreme Court bar and as a United States Senator I feel it’s never been more at risk thank you before I call out Senator cornyn’s how ridiculous it is to say that we don’t have the records that it takes to determine this person qualified to be on the Supreme Court when all the documents we have add up to more than we have had for the last 5 Supreme Court nominees how do we make those decisions for those other five respond to that point if you’re not giving the whole picture sir 90% of the documents we haven’t seen is not the number of document I’ll be glad to respond to that but wouldn’t hire an intern Sir with only 90% Senator cornyn thank you mr. chairman my welcome to you and your family and and friends I’m amazed at the poker faces I’ve seen on the front row during all of this pandemonium unlike anything I’ve seen before in a confirmation Hearing in my view it’s not because your opponent’s don’t know enough about asked by Congress signed by the president as well as Constitution of the United States Senate Judiciary Committee undertakes few more important tasks then the one before is today last year the committee considered in advance the nomination of Justice Neil go it was just one of many outstanding judicial nominees by President Trump this Congress is probably confirm not just judge Gorsuch but 26 judges to the appellate courts Across the Nation this includes 3 outstanding text message to the fifth Circuit Court of Appeals judges to our highest courts with some routine routine Justice Gorsuch was unanimous confirmed by The Voice vote to the court of appeals not one Senator voted against Justice Kennedy to both you and Justice Gorsuch court for and who you will succeed on the court not one Senator voted against Justice scalia’s confirmation who you who called role model and a hero but that was before judges were viewed as policymakers rather than fair neutral interpreters of the Constitution and the laws graph by Congress today is I suggested as a wonderful opportunity to reexamine the proper role for judges under our Constitution and the difference between legislatures and judges as Justice Court road before he joined the Supreme Court upholding enforcing this distinction between legislatures at judges was the great project of the lake justice scalia’s career Justice Scalia would always remind us that legislators May appeal to their own convictions and the claims about social utility but judges instead should strive to apply the laws it is looking to the text structure and history not to decide cases based on their own moral for the policy consequences so this outstanding way to remind the American people the proper role of Judges under our constitution our constitution provides for a federal government of limit and delegated powers with a Bill of Rights to further protect our individual liberties to that end the framers created three equal branches as you know the legislature Channel act and Act laws the executive course them how did judicial branch to settle disputes about the meaning of those laws and the constitution of course the legislature could change the laws but only an amendment can change the Constitution for this reason Alexander Hamilton in The Federalist Papers Miss Germany could I pause there until the room is cleared out thank you for this reason Alexander Hamilton Road in The Federalist Papers that the Judiciary will always be the least dangerous Branch because as he famously wrote judges would have neither Force nor will but merely judgment today the Judiciary Committee is gathered to consider whether judge Cavanaugh honor that limited role for judges under Constitution and whether he will properly exercise the modest and humble power of judgment and trust it to him under our constitution I’m confident the Senate will find a judge cavanal will Faithfully in Fairly interpret the Constitution and the laws of great nation and I look forward to him succeeding Justice Kennedy one reason for that is because I’ve been acquainted with judge cabin off for about 18 years and I can personally attest to his skills as a lawyer when I was Attorney General of Texas as the judge will recall he help me get ready for a supreme court argument snapper season show when I was turning general of Texas I had a chance to argue a couple of cases in front of the United States Supreme Court one case judge cabin all helped me prepare for was one involving the question of school prayer at a high school football game at the Santa Fe Independent School District High School after that I was pleased introduce judge cabin out of the Judiciary Committee when President Bush first nominated him to be a judge on the DC circuit what I said back then still stands the test time today judge cabin all has an unparalleled academic and professional record of service many will side as education is clerkships this time arguing cases before the court is experience working for the executive branch but I think one of the most important factors to me is he’s already exercised excellent judgment in Marion of texting Ashley from Abilene so I know he’s a good judge in fact just cabinets one most respected in judges in the country I am disappointed that the spiders exemplary qualifications an outstanding record so many of our colleagues across the aisle have announced their opposition even before he was nominated the level of disingenuousness and hyperbole even by today’s standards is extraordinary members from the other side of the islands including sunroof on this Committee of claim that confirming judge Calvin all would somehow be complicit in evil and the results in the destruction of the Constitution some of even claim that you testified falsely we’ve already heard that eluded two before the committee when you were serving our country in the bush White House I hope you’ll have a chance to explain the apparent misunderstanding on the part of some senators and I sincerely hope we can all take a deep breath not doing very well so far and get a grip and treat this process with the respect and gravity it demands as others have looted the American Bar Association with some of called the gold Jennifer judicial evaluations have unanimously rated you as well qualified for service on the Supreme Court and as we’ve heard a number of lawyers and judges across the Spectrum have talked about your qualifications and your praises and I’m confident at the end of this year in your Stellar credentials and your body of work is a judge will demonstrate that you properly understand the role of a judge under the Constitution and I’m confident you will demonstrate that you will feel alien fairly interpret the text the law and the Constitution and dutifully apply them to dispute that come before you finally judge I expect we’ll have a conversation or two about this book which you are contributed to and the law judicial precedent because I know that there’s a number of questions by members of the senate about how you were regard previously decided cases in the Supreme Court and I trust you’ll give us a scholarly and detailed explanation of that and demonstrate that many of the concerns that have been expressed about a new Justice coming on the court somehow wiping away previous decisions single-handedly other members of the court is just plain ridiculous and we look forward to it asking those questions and getting your answer thank you very much weathering this hearing thank you very much for being here today this is a different hearing for the Supreme Court that I’ve ever been through it’s different than what’s happened in this room just this morning what we’ve heard is the noise of democracy this is what happens in a free country when people can stand up and speak and not be jailed in prison torture kill because of it it is not mob-rule there been times when it is uncomfortable I’m sure it was for your children I hope you can explain this to him at some point but it does represent what we are about in democracy why is this happening for the first time in history is committee I think we need to be honest about why it’s happening I think it’s the same reason why when I go home to Illinois after being this public service job for over 30 years I hear question that I’ve never ever heard before repeatedly as people pull me off to the side and say senator are we going to be all right is America going alright they’re genuinely concerned about the future this country you come to this moment in history in a rare situation you are aspiring to be the most decisive vote on the sprinkler on critical issues Justice Kennedy did that for 12 years and you are called to that responsibility and we realize the gravity of that opportunity and that responsibility secondly of course you’re right and the statements of others suggest there’s a real genuine concern about changing life and death values in this country because you see things differently heard that over and over again tonight I think you must understand the depth of feeling about that possibility and third try as they might I’m afraid the majority just can’t get behind the fact that there are parts of your public life that they want to conceal they don’t want America to see him I think that’s a serious mistake and I’m going to make a suggestion at the end of my remarks but over and above all of those things is this you the nominee of President Donald John Trump this is a president he’s showing us consistently that he’s contemptuous of the rule of law he has said and done things as president which we’ve never seen 4 in our history he has dismissed the head of the Federal Bureau of Investigation when he wouldn’t been to his will he harasses and threatens his own Attorney General on almost a daily basis in the exercise of his office and I didn’t vote Jeff sessions but I have to tell you there should be some respect at least for the office of the serves him and it’s that president whose decided you or his man you’re the person he wants on the Supreme Court and you are his personal choice for people nervous about this or they concerned about it of course they are I’m sure they’ll be a shower of tweets sometime later in the day harassing people in the cabinet people in the white house maybe even just missing them maybe he’ll go after me again be my guest but when I’m getting to is if you wonder why this reactions taking place because what’s happening in this country there many of us are concerned about the future of this country and the future of and you are asking for Lifetime appointment to the highest court in the land where you will make decisions the deciding vote on things that’ll decide the course of history and where we are headed the Senate has a constitutional responsibility to evaluate your nomination we do know that before you became a judge you were Faithfully advancing the Republican Party agenda I jokingly said in one of your previous appearances at your like the Forrest Gump of Republican politics you always show up in the picture whether is Ken Starr investigation Bush versus Gore the bush White House you’ve been there we also know that before naming you president Trump made it clear that he would appoint justices only point you the Supreme Court would overturn Roe versus Wade in the Affordable Care Act those were his litmus test he didn’t ask you the question what he did was to delegate this responsibility to two special interest groups the Federalist Society and Heritage Foundation and the other groups that are spending millions of dollars in support of your candidacy they’re confident that you’re going to favor the interests of Corporations over workers and kill the president wide berth when it comes to Executive Authority and your own way Clark’s men and women you chose men and women who wrote the words that had your signature at the bottom of the page have told us what they think of you one wrote in an article entitled quote Brett Kavanaugh said Obamacare was unprecedented an unlawful 20 or Clerk’s another road when it comes to quote enforcing restrictions on abortion no court of appeals judge in the nation as a stronger more consistent record the judge Brad Kavanagh big corporate interest solidly behind your Haitian Chamber of Commerce full support president Trump’s who’s lawyers say they will fight any effort to subpoena or indict him all the way to the Supreme Court that President sings personally eager to have you confirmed as quickly as possible why are supporters of confident you will rule on these issues as they wish why do they think you’re such a sure bet to take their side when the words one of your former clerks this is no time for a gamble unfortunately I don’t you’re going to tell us much this week it’s interesting to me that people in your position right all these law review articles make all these peaches and come to this room and clam up don’t want to talk about any issues but that’s what I expect it’s dead we’ll be asked to trust that if your confirm you have an open mind that you follow the law rather than move the law in your direction of your vuse I’d like to trust you but I agree with President Ronald Reagan trust but verify I wanted the last time you testified for this Committee in 2006 but after you were confirmed of DC circuit reports surface that contradicted your sworn testimony before this committee you said to me on ambiguous lie under oath the following I was not involved and I’m not involved in the questions about the rules governing Detention of combatants but later just a week or so ago you acknowledge my office that you were involved for 12 years you could have apologized and did this record but you never dead instead you and your supporters of argued we should ignore that simple declarative sentence which you spoke and somehow conclude your words mean something for a different you are committed textualist judge Cavanaugh if you’re going to home others accountable for their words you should be held accountable for your own words so after my personal experience I start these hearings with question about your credibility as witness I know from my history with you the things you said need to be carefully verified and it brings us to a major problem I want retread the ground about all the documents are being withheld but I’ll show you a little calendar here that’s interesting there’s a 35 month black hole your White House career where we’ve been denied access to any and all documents 35 months in the white house and I asked him my office during that. Of time President Bush was considering same-sex marriage an amendment to ban it abortion exec par detainees torture Supreme Court nominees warrantless wiretapping one of these issues very special mention as we mourn the passing of John McCain in 2004 2005 I join John McCain on led the effort to pass an amendment affirming the torture and cruel and inhuman and degrading treatment would be illegal in America as a survivor of unspeakable torture John McCain spoke with powerful moral Authority about American he’s during the time of War you work in the bush White House when that McCain Amendment passed the Bush Administration did everything in its power to stop John McCain’s torture Amendment then after we passed it 92-9 a veto-proof margin President Bush to the signing statement asserting his right to ignore the law John McCain and just passed in Congress when we met in my office you acknowledge that you worked on that signing statement yet we’ve been denied any documents disclosing your role or your advice to President Bush I asked you if you wrote and it and approve documents about these another issues while you were staff secretary time and again you said can’t rule it out just kabataan America needs to see those documents we cannot carefully review advising add weather to consent to your nomination without Clarity on the record. Of time when you worked in the Republic and White House led to a change in position on an issue which we have to address directly your views on Executive Park and accountability have changed dramatically when you worked for special counsel Ken Starr in the late 1990s you called him quote an American hero for investigating President Bill Clinton and you personally urge star to be aggressive confrontational and even graphic in his questions we seen your memo on that one but a few years later after working a republican White House you totally reversed your position argued the President should be above the law and granted a free pass from criminal investigation while in office what did you see in that bush White House that’s dramatically changed your view what are your views about president presidential accountability today at this moment and Arnie authoritarian forces threatening our democracy with a campaign of administration of this president under Federal criminal investigation we need a direct credible answer from you is this president or any Above the Law equally important in this present ignore the constitution in the exercise of authority you descended in the seven Sky case when the DC circuit upheld the Affordable Care Act constitutionality you criticized Norwich this president said many times he wants to ignore and abolish and you said quote the president May decline to enforce the statute that regulates private individuals when the president deems when the president themes the statute of institutional even if a court has held or would hold the statute constitutional this statement by you flies in the face of Marbury versus Madison are Northstar in the separation of powers it gives license to this president call John Trump or any president who chooses to ignore the Constitution to assert Authority far beyond that Invasion by our founding fathers there many people who are watching carefully I might make a suggestion to you today it won’t be popular news out of the Isle if you believe that your public record is one that you can stand behind and defend I hope that at the end of this you will ask this committee to suspend until we are given all the document until we have the time to review them and then we resume this hearing what I’m saying to you is basically this if you will trust the American people they will trust you but if your effort today can use to conceal and hide documents it raises a suspicion how close must determine I know you’re anxious when I was a practicing lawyer long time ago in trial and the other side either destroy or concealed evidence I knew that I was going to be able to have a convincing argument to close that case what wire were they hiding why won’t they let you see the speed tape on that train or the documents that they just can’t find you know that perception now is against you because of all the documents of held back for the sake of this nation for the sanctity of Constitution that we both honor step up as this meeting this Gathering to suspend until all the documents of your public career are there for the American people see thank you mr. Truman and thank you for being here I’mma start by saying that the fact that there is so much angst over a single nominate a single judicial nominee tells you everything you need to know why it is that we need judges now more than ever more willing to read the law and interpret based on what the law says rather than on the basis of something else it also tells you more than anything else you could need to know about the need to read for a discussion of civics in this country to restore a discussion about federalism and separation of powers about where power is concentrated and where it shouldn’t be and what the role of each branch of the federal government is and is not many of the comments comments made of the Outburst that we’ve had today suggest that we need to return to some of those fundamental principles and I don’t care whether you’re a liberal Democrat or a Conservative Republican or something in between multiply their principles to which we have scored enough and their principles that I think we would do well to restore and focus on once again if ever work to return to an Era of Civility and we will return to that era on the basis of those foundational structural principles within our constitution over the next few days judge Cavanaugh the number of members of this committee are going to ask you questions questions about cases that you’ve handled as a lawyer cases that you’ve decided is a judge about your record about your qualifications record in your qualifications the suggestion that you misled this committee at any point in your previous hearings is absurd and the Trinity of that suggestion will be born out in the coming days I am certain of it some of the questions that will be asked of you will in fact be fair and others will be unfair and I think it’s important Forest to acknowledge that at the outset when you look back at history answering these kinds of questions this is sort of how the practice of holding these hearings began so it’s understood dominis how they might vote have they might rule in particular cases but this didn’t always happen in fact it wasn’t until 1916 that this even started you see that there have been a hundred 13 justices confirmed at the Supreme Court so far the first 66 were confirmed without even holding a hearing hearing is relatively years old we went for between 125 and 130 years under our constitutional republic without ever having a hearing but regardless we started having hearings just over a century ago the very first supreme court confirmation hearing 1916 with Justice Louis Brandeis Louis Brandeis was nominated to the court some called for a hearing now 84 honest with ourselves for honest about history a lot of this maybe had to do with Samantha I sent him at forever and affected Justice Brandeis was Jewish but Senators also wanted to determine whether Brandeis would use his seat on the Supreme Court to advocate for some of the things that it advocated for as a private citizen as a public-interest attorney they wanted to know how he might vote in particular cases they didn’t ask Justice Brandeis to testify Cigna but they did in fact just as some outside Witnesses what they thought about his nomination the next important moment one could argue occurred in 1939 when Felix Frankfurter became the first nominee to himself testified before the committee at the time Frankfurter was controversial in part because he was born overseas but Senators also worried that Frankfurter was a radical Tony’s defense of anarchist in court so again Senators wanted assurances about how Frankfurter Mike rule in particular cases in particular what results he might reach in a type of case Frankfurter however significantly declined to engage with Senators on those topics and insisted that his public record spoke for itself just to Stewarts nomination in 1959 was another Turning Point Senators seeking to resist Brown versus Board of Education one of the grill Stewart on his views on integration other still wanted the grill Stuart about his views on National Security so Senators turned up the heat a little bit more in that hearing like Frankfurter before him just as Stewart did not provide substantiv answers to their questions when they wanted to know how he might rule in particular case he appropriately decline just as his predecessors had 28 years later 28 years after Justice Stewart came through this committed the Senate considered Robert Forks nomination to the Supreme Court this was significant turning point and in my view remains something of a rock-bottom moment for the Senate and for the Senate Judiciary Committee without getting into any of the core the Gory details here suffice it to say that Senator Ted Kennedy and judge bork did not agree on certain matters of constitutional law and Kennedy’s response was too Savage in my opinion the results that judge bork would reach if confirmed for the Supreme Court history shows that over the better part of a century the Judiciary Committee has gradually created something of a new Norm Norman which members demand but nominees speak about specific cases in return for favorable treatment from the committee as the jurors are going through this process have gracefully resisted trading confirmation in exchange for promises about how they might vote in particular cases brought before them to give two famous examples Justice Scalia refused to say whether Marbury versus Madison settled law on the ground but it could come before him and sure enough last term in Ortiz vs United States the Supreme Court considered a case implicating the scope of Marbury likewise creative the so-called Ginsburg standard no previews no forecast no hints every current member of the Supreme Court has adhered to a similar principle we might call the Ginsburg standard even though nominees have not caves to the pressure I still believe that there’s some aspects of the Senate’s approach here that might do a disk service to the country and might be frowned upon by Future historians if service repeatedly ask nominees about outcomes then the public will be more entitled or at least more inclined to think that judges are supposed to be outcome might the best supposed to be there whole approach to B22 judging if that’s supposed to be what judging is in fact about but this is very legitimacy of themselves know that you’ve been nominated president to serve on overtime no free people would accept a Judiciary that simply opposed imposes its own policy preferences on the country absent Fidelity to Legal principle there’s a better way for the Senate to approach it’s work this process in my opinion should be about your qualifications about your character and perhaps most importantly about your approach to judging Grand View about the role of the Federal Judiciary it should not be about results in a select number of cases you’re obviously exceptionally well qualified critics would not claim otherwise your academic pedigree your experiences a practicing lawyer your experience in government and your 12 years experience sitting on what many refer to as the second highest court in the US court of appeals for the DC circuit you were independent you’ve written fit some of the greatest moments in American traditional history have been when judges stood up to the other branches we’re not town enforce the Law plus you said that judges cannot be buffaloed influenced or pressured into worrying too much about transient popularity when we are trying to decide a case and that one of the most important duties of a judge’s to stay for the unpopular party who has the correct position and you’ve lived up to your words during your time on the fench everyone knows that you served in the Bush Administration And yet when you became a judge in only 2 years you rules against the Bush Administration a total of 8 times for you at simply doesn’t matter who the parties are simply doesn’t matter you may have worked for an Administration before you became adjudge the only thing that matters is your commitment to correctly applying the law to the facts of any particular case as far as your approach to judging you have appropriate respect for president you co-authored an 800-page book on president that among among other things explains that a change in a quartz membership alone should not throw former decisions open to reconsideration or Justify their reversal you explain that for president to be overruled it must not be just wrong but a case was serious practical consequences you voted to overturn circuit president only four times during your time on the DC circuit in each of those cases involved a unanimous decision reached by your colleagues can you follow binding precedent even if you believe that binding precedent was itself wrong way decided you decide cases based on legal merits not based on the identity of the parties and we not based on any political beliefs that you may Harbor we’ve already heard that your nomination will somehow be bad for women for the environment for labor unions for sale price for a whole host of other things that Americans hold near and dear have a laundry list of cases in which group ruled four people in each of those groups but there’s a more fundamental Point here that I think needs to be made the judiciary’s decisions are legitimate only to the extent that they’re based on sound legal principal and reasoning and ruling for a preferred party is not itself a sound legal it’s quite to the contrary jury rigging decisions and backfilling legal reasoning to reach a particular result a particular politically acceptable result in a particular case no matter how desirable that result might be in any instance is not a legitimate motive judicial decision-making and no free people purporting to have an independent Judiciary should ever be willing to settle for that so my plea to my colleagues today is it we ask judge Cavanaugh hard questions I believe we’re required to do so the Senate is not in never should be a rubber stamp comes to wish you wouldn’t lifetime appointments even lifetime appointments on the highest court in the land but if you disagree with an opinion he’s written make a legal argument as to that issue explain why you think it’s wrong don’t complain about the results as if the result itself is proof that he’s wrong when you separate out the results from the legal analysis from the facts and how they interact with the law in that particular case and don’t ask him to make promises about outcomes in particular cases if it’s unacceptable for the president to impose a it is surely unacceptable for the United States Senate to do so I look forward to your testimony and I’m grateful to you and your willingness to serve our country and to be considered for this important role Satterwhite house thank you mr. chairman when is pattern evidence of bias in court pattern is evidence of bias all-the-time evidence on which juries and trial judges rely to show discriminatory intent show a common scheme to show bias when does a pattern proof by us I wish this were an idle question it’s relevant to the pattern of the Roberts Court when it’s Republican majority goes off on partisan excursions through the civil law that is what all five Publican appointees the Roberts 5 we can call them go rating off together and no Democratic appointee joins them does this happen often the Roberts five has gone on almost 80 of these partisan Excursion since Roberts became Chief that’s a lot of times and there’s a to these 80 cases they almost all implicate interests important to the big funders and influencers of the Republican party when the Republican just says go off on these 5 Justice partisan excursions there’s a big Republican corporate or partisan interest involved 92% of the time the tiny handful of these cases that don’t implicate and interest of the big Republican influencers is so fluke Ashley few that we can set them aside let’s look at the 73 cases that all implicate a major Republican party interest again 73 is a lot of cases that the Supreme Court is there a pattern to these 73 cases oh yes there is every time a big Republican corporate or partisan interest is involved the big Republican interest wins every time let me repeat in 73 pardison decisions where there’s a big Republican interest at stake the big Republican interest wins every damned time does the Mad scramble of big Republican interest groups to protect a Roberts five that will reliably give them wins really big wins sometimes I know that when the Roberts Saddles up these so-called conservatives are anything but judicially conservative they readily overturned president tossed out statutes passed by wide bipartisan margin and decide on Broad constitutional issues that they need not reach modestee originalism Starry decisis all these conservative judicial principles all have the hoof prints of the Roberts 5 all across their backs wherever those principles got in the way of those wins for the big Republican interest the Litany of Roberts five decisions explains why big Republican interest want judge Cavanaugh on the court so badly so badly that Republicans trampled so much Senate President to push him through so let’s review the highlights reel what do big Republican interests want well first they want to win elections what is the Roberts V delivered help Republicans gerrymander elections V3 Jubilee r52 for license to gerrymander help Republicans keep minority voters away from the poles Shelby County 524 and Bartlett V Strickland 524 and Abbott V Perez 524 despite the trial judge finding the Texas legislature actually intended to Target and suppressed party voters and the big one help corporate front group money flood elections big money interests Love Unlimited Power to buy elections Lobby and threatened and Bully Congress McCutchen 524 counting the concurrence Bullock 5 to 4 and the infamous grotesque 524 citizens united decision which I believe stands beside lochner on the Court’s role a shame what else do big influencers want to get out of court runs big and full influencers hate courtrooms because their lobbying and electioneering and threatening doesn’t work or at least it’s not supposed to in a courtroom big info big influencers used to getting their way have to suffer the indignity of equal treatment so the Roberts 5 protects corporations from class action lawsuits Walmart V Dukes 524 Comcast 524 and this past term Epic Systems 524 the Roberts five helps corporations steer customers and worker away from courtrooms and into mandatory arbitration consepcion Italian Colors and Rent-A-Center all Roberts V Epic Systems does double-duty here because now workers can’t even orbit their claims as a group hindering access to the courthouse for plaintiff generally Iqbal 524 protecting Corporation from being taken to court by employees harmed through pay discrimination better 524 age discrimination gross 524 harassment Vance 5 to 4 and retaliation sr-52 for even insulating Corporation from liability for international human rights violations jessner 524 corporations aren’t in the Constitution jewelries are indeed courtroom jewelry’s are the one element of American government designed to protect people again encroachments my private wealth and power so of course the Roberts 5 rules for wealthy powerful corporations over jewelry rights every time with Nary a mention of the 7th what’s another one oh yeah classic helping big business bust unions Harris V Quinn 524 and Janice B asked me this year 524 overturning a 40-year president lots of big Republican influencers are polluters who like to pollute for free so the Roberts 5 delivers partisan decisions don’t let corporate the looters pollute to pick a few rapanos weakening Wetland protections 524 nationalist location of homebuilders weakening protections for endangered species 524 Michigan V EPA helping air polluters 524 and in the face of emergent climate Havoc there’s the procedurally aberrant 524 partisan. stop the EPA clean power plan pattern then come Roberts 5 bonus decisions advancing a far-right social agenda Gonzales V Carhart upholding restrictive abortion laws Hobby Lobby granny corporation’s religious rights over the healthcare rights of their employees nifla letting States deny women truthful information about their reproductive choices all five for all Republican add Heller and McDonald which reanimated for the gun industry a theory a former Chief Justice once called a fraud both decisions 5 to 4 this year Trump the Hawaii 524 rubber-stamping rubber-stamping the Muslim travel ban and in case Wall Street was feeling left out helping insulate investment bankers from fraud claims Janus Capital 524 pattern no wonder the American people feel the game is rigged here’s how the game works Big Bear partisan groups fun the Federalist society which picked Gorsuch and now you as the White House counsel admitted they insource the Federalist Society for this selection exactly how the nominees were Pickton who was in the room where it happened and who had a vote or a veto and what was said or promised that’s all a deep dark secret then big business and partisan groups funds of judicial crisis Network which runs dark money political campaigns who won senators in confirmation votes as they’ve done for Gorsuch and now for you who pays millions of dollars for that and what their expectations are is a deep dark secret these groups also fun Republican election campaigns with dark money and keep the identity of big donors a deep dark secret and of course 90% of your documents are to us a deep dark secret once the nominees on the court the same business front groups with ties to the Koch brothers and other funders of the Republican political machine file Friend of the Court or amicus briefs to Signal their wishes to the Roberts V who was really behind though friends is another deep dark secret it has gotten so weird that Republican Justice is now even send hints back to big business interests about how they like to help them next and then big biz lawyers rush out to lose cases to lose cases just to rush up before the friendly Court Pronto that’s what happened in the friedrichs Janice episode the US Commerce is the biggest corporate lobby of the mall for big coal Big Oil big tobacco big Pharma big guns you name it and this year with Justice Gorsuch riding with the Roberts 5 the chamber 1 9 out of 10 cases it weighed in on the robbery 5 since 2006 have given the chamber more than three-quarters of their total votes this year in all civil cases they voted for the chamber’s position fully 90% of the time and then these five four cases I’ve highlighted one hundred percent people are noticing veteran Court Watchers like Jeffrey toobin Linda greenhouse and Norm Ornstein describe the courts service the Republican interest to Ben wrote that on the Supreme Court Roberts has serve the interests of the Contemporary Republican party Greenhouse has said the republican-appointed majority is committed to harnessing the Supreme Court to an ideological agenda orenstein describe the new reality of today’s Supreme Court it is polarized along partisan lines in a way that parallels other political institutions and the rest of society in the passion we have never seen and the American public knows it American public thinks the Supreme Court preached corporations more favorably than individuals compared to vice versa by a 721 margin 49% of Americans corporations gets special treatment there now let’s look at where you fit in a republican political operative your whole career who’s never tried a case you made your political bones helping the salacious prosecution of president have leaking prosecution information to the press as an operative in the second Bush White House you cultivated relationships with political insiders like nomination Guru Leonard Leo the Federalist Society architect of your court nominations I’m a DC circuit you gave more than 50 speeches to the Federalist society that looks like auditioning on the DC circuit you showed your Readiness to join the Roberts V with big political wins for Republican and corporate in unleashing Specialists special interest money into elections protecting corporations from liability helping polluters pollute striking down Common Sense gun regulations keeping injured plaintiffs out of court against corporations and perhaps most Thornton for the current occupant of the Oval Office expounding a nearly Limitless vision of presidential immunity from the law your alignment with right-wing groups who came before you as Friends of the Court 91% when Big Business trade associations weighed in 76% this to me is what corporate capture of the courts looks like there are big expectations for you the shadowy dark money front group crisis network is spending tens of millions and dark money to push for your confirmation they clearly have big expectations about how you’ll rule on dark money you and already has poured millions of your confirmation promising their member that you’ll break the tie they clearly have big expectations on how you’ll vote on guns Whitehouse counsel Don mcgahn admitted there is a coherent plan here we’re actually the judicial selection and the deregulatory effort are really the flip side of the same coin big polluters clearly have big expectations for you on their deregulatory finally you come before if nominated by a President named in open court as directing criminal activity and a subject of ongoing criminal investigation you displayed expansive use on Executive immunity from the law if you are in that seitzer because the White House has big expectations that you will protect the president from the due process of law that should give every Senator pause tomorrow will hear a lot of confirmation at it’s mostly a sham you know the game in the bush White House you coach judicial nominees to just tell Sanders that they have a commitment to follow Supreme Court precedent that they will adhere to statutory text that they have no idea agenda and quote fairy tales at his hearing Justice Roberts infamously said he just called balls and Strikes but this pattern 73 to 0 of Roberts 5 qualifies him to have NASCAR style corporate badges on his robes strong principles this was an important limitation on the court then you told the Federalist Friday sorry decisis means to leave things decided when it suits are purposes Gorsuch delivered the key fifth vote in the president busting and union-busting Janice decision he too high pledged in his hearing turn out great for the rich and mighty Gorsuch is the single most corporate-friendly Justice on a court already full of dog ruling for big business interests in over 70% of cases and in every single case was determined that the president or the cream Court pics with a pack Roe v Wade despite confirmation etiquette assurances about President your own words make clear you don’t really believe Road just weighed is settled law since the court as you said can always overrule its president mr. chairman we’ve seen this movie before we know how it is the sad fact is that is no consequence for telling the committee fairy tales about Starry decisis and then riding off with the heart at 5 trampling across whatever president gets in the way of letting those big Republican interest keep winning 5-2 for partisan decisions 73 to 0 mr. Kavanagh every damn time thank you Miss German Serta cruise I have some documents to support this masking atoms consent they be entered into the right without objection thank you thank you mr. chairman welcome welcome your family to your friend’s demonstrating your good judgement your wife was born and raised in West Texas and you and she have been friends of Heidi and mine for 20 years thank you for your Decades of Public Service Anna and I’m sorry that your daughters had to endure the political circus of this morning that is that is the last the world that is Washington in 2018 I want to discuss what this hearing is about and what it’s not about first this hearing is not about the qualifications of the nominee judge Cavanaugh is by any objective measure unquestionably qualified for the Supreme Court everyone agrees he’s one of the most respected federal judge he has impeccable academic credentials even if you did go to jail and you served over a decade on the US court of appeals for the DC circuit often referred to as the second highest court in the land sore Democratic colleagues are not trying to make the argument the judge cavanal is not qualified indeed I haven’t heard anyone even attempt to make that argument second miss hearing is not about his judicial record 300 published opinions which altogether amount over 10,000 Pages issued in his role as a federal appellate judge everyone agrees a judge’s record is by far the most important and disom of what kind of just set nominee BB and tellingly we’ve heard very little today from Democratic senators about the actual substance of Judge Cavanaugh’s judicial record third it’s important understand today is also about documents we’ve heard a lot of arguments this morning about documents there’s an old saying for trial lawyers if you have the facts pound the fax if you have the law pound the law if you have neither pound the table we’re seeing a lot of table pounding this morning the Democrats are focused on procedural issues because they don’t have substituted points strong enough to derail this nomination they don’t have substance of criticism with judge cab call actual judicial record so they’re trying to divert everyone with procedural issues but let’s talk about the documents for a moment the claims that the Democrats are putting forward on documents don’t withstand any serious scrutiny judge Cavanaugh has produced 511948 pages of documents that includes more than 17,000 pages in direct response to this committees written questionnaire which the most comprehensive response ever submitted to this committee the more than 1/2 million pages of documents turned into this committee is more than the number of pages we’ve received for the last 5 Supreme Court nominees combined listen to that fact again the over 1/2 million documents turned over to this committee is more than the last 5 nominees submitted to this committee combined so what’s all the Passover the documents that are not turned over most of those concerned judge Kavanaugh’s three years as the staff secretary for President George W bush how many people don’t know what a staff secretary does but that’s the position in charge of all of the paper that into an out of the Oval Office critically the secretary is not the author of the paper coming into and out of the Oval Office that papers typically written by the Attorney General by the Secretary of State by other cabinet members by senior White House officials the staff secretaries simply the funnel for collecting their views and then for transferring the paper back and forth in other words those documents written by other people say nothing zero about Judge Kavanaugh’s views and they say nothing 0 about what kind of Justice judge cavanal would make but they are by necessity the most sensitive confidential documents in a white house they are the documents they’re going to the present this is the advice and deliberations of the president at the senior level in the staff secretary is the conduit for those documents so why is it that the Democrats are putting so much energy I’m saying hand over all of those documents because they know they know beyond a shadow of doubt that President George W Bush’s White House team is not going to allow every piece of paper that went to the present to be made public anymore then any other White House would Republican or Democrat no White House would allow every piece of paper that went to and from the president to maybe made public indeed There are rules and laws and procedures for when and how present two papers become public and the reason the Democrats are fighting so loudly on this issue is they’re making Adam and they know is impossible to meet and by the way is utterly irrelevant to what actually judge Cavanaugh thanks believe there’s as said it would open up all sorts of fishing expeditions to attack relitigates George W Bush’s record as president and what various cabinet members and Senior advisors might or might not have said but it is at the end of the day simple attempt to distract and delay and indeed the multiple motions we’ve seen from Democrats delay this confirmation to lay this confirmation that reveals the whole joke their objective is delay it’s not about documents it’s not about Judge Kavanaugh’s credentials if it’s not about his judicial record what is this fight about I believe this fight is nothing more and nothing less than an attempt by our Democratic colleagues to relitigates the 2016 residential election 2016 was a hard-fought election all around it was the first president Denture Dental election in 60 years where Americans went to the polls with a vacant seat on the Supreme Court the next president would fill Americans knew who had been in that seat the late Justice Antonin Scalia one of the greatest purest ever to sit on the US Supreme Court and it was the first time since president Dwight D Eisenhower reelection campaign that is Supreme Court seat was directly on the ballot both candidates new the importance of the vacant Supreme Court seat and it was a major issue of contention in the presidential election Donald Trump and his Clinton we’re both clear about what kind of justices and judges they would have point during all three presidential debates both candidates were asked what qualities were most important to them When selecting a Supreme Court Justice secretary Clinton was clear she wanted a Supreme Court Justice who would be a liberal Progressive willing to rewrite the US Constitution willing to impose liberal policy agendas that she could not get through the Democratic process at the Congress of the United State would not adopt but that she hoped five unelected lawyers would force on the American people that’s what Hillary Clinton promised for a judicial nominees then candidate Donald Trump gave a very different answer he said he was looking to appoint judges in the mold of Justice Scalia he said he wanted to appoint judges who would interpret the constitution based on its original public meaning who would interpret the statutes according to the text and who would uphold the rule of law and parties fairly regardless of who they are or where they come from then candidate Donald Trump also did something that no presidential candidate has done before he published a list of nominees that he would choose from when filling Justice Scalia seat providing unprecedented transparency the American people all of this was late before the American people as they went to the polls on November 8th 2016 and the American people made a choice that night now my Democratic colleagues happy with the choice the American people made what is President Obama famously said elections have consequences because the American people had the chance to vote in National referendum on the direct the Supreme Court I’ve said a number of times that Justice Gorsuch nomination and judge Kavanaugh’s nomination have almost a super legitimacy in at they were ratified they were decided by the American people in a direct vote in 2016 and saw the Democratic obstruction today is all about trying to reverse that election they’re unhappy with the choice the American people want and there’s a reason that the American strong constitutionalist on the u.s. u.s. Supreme Court most Americans and I know the overwhelming majority of Texans want judges who will follow the law and will not impose their policy preferences on the rest of us then who will faithful to the constitution in the Bill of Rights justices who will uphold fundamental Liberties like free speech like religious liberty like the Second Amendment that’s what this election was about and if you look at it let’s take Free Speech it’s worth noting that in 2014 every Democratic member of this committee voted to amend the United States Constitution to repeal the Free Speech provision the 1st Amendment and sadly every Democrat in the Senate agreed with that position voting to give Congress unprecedented power to regulate political speech it was a sad day for this institute years earlier Ted Kennedy the great liberal lionhead opposed A very similar effort and Ted Kennedy it said we have it amended the Bill of Rights and over 200 years now is no time to start Ted Kennedy was right then and now single Democrat in the US Senate had the courage to agree with Ted Kennedy and support free-speech indeed they voted party line to repeal the Free Speech provisions of the first amendment that is radical that is stream and it’s part of the reason the American people voted for a president who would put justices on the court who will protect our free speech about religious liberty religious liberty is another fundamental protection that the Democrats in the Senate have gotten the Bremen radical on indeed are democratic colleagues want justices who will rubber stamp efforts like the Obama administration’s efforts litigating against the Little Sisters of the Poor litigating against Catholic nuns try force them to pay for abortion abortion inducing drugs and others that is a radical extreme proposition and a show just just how dramatic Senate Democrats have gotten every single Senate Democrat just a few years ago vote two got the religious freedom restoration act legislation that passed congress with overwhelming bipartisan support in 1993 was signed into law by Bill Clinton and yet two decades later the Democratic party has determine the religious freedom is inconvenient for their policy in political objective they want justices that will further that assault on religious liberty and finally let’s take the 2nd Amendment the presidential debates Hillary Clinton explicit promised to nominate justices who would overturn Heller versus District of Columbia Heller is the landmark decision issued by Justice Scalia likely the most significant decision of his entire tenure on the bench and upheld the individual right to keep and bear arms Hillary Clinton was quite explicit she wanted judges who would vote to overturn Heller and indeed a number of our Democratic colleagues that’s what that’s what they want as well overturning Heller I believe would be a truly radical proposition do understand why you have to understand what the forward to Center said inhaler before dissenters and Heller said that the second amendment protects no individual right to keep and bear arms whatsoever that it protects merely a collective right the consequence of that radical proposition would mean that Congress could pass a law making it a felony a criminal offence for any American to own any firearm and neither you nor I know any American would have any individual right whatsoever under the Second Amendment would effectively erase the Second Amendment from the Bill of Rights that is a breathtakingly extreme proposition it is what Hillary Clinton promised her justice would do and at the end of the day it’s what this fight is about we know that every Democratic member of this committee is going to vote no we don’t have to speculate every single one of them is publicly announced their voting no don’t depend on what they reading documents doesn’t depend on what judge Cavanaugh says that this hearing they’ve announced ahead of time they are voting now and most of the Democrats in the Senate have announced that the full Senate but everyone should understand judge Cavanaugh was handed over more documents than any nominee more than the last five combined Republican and Democratic nominees it’s not about document not about qualification it’s not about record what it is about is politics it is Democratic senators trying to read litigate the 2016 election and just as importantly working to begin litigating the 2020 presidential election but we had an opportunity for the American people to speak they did voted in 2016 and they wanted judges and justices will be faithful to the Constitution that’s why I’m confident at the end of what Shakespeare would describe as a lot of sound in feet signifying nothing I am confident that judge Kavanagh will become Justice Kavanagh and will be confirmed the United States Supreme Court thank you mr. chairman we’re going to take a break now and and wait wait a minute we’re going to take a break now and 30 minutes as what the Democrats would like to have so we will return at 117 and gorgeous returned about 10 minutes later than that so be on time please how are you think now play Pandora what is the population what challenges a drama thank you before I call on 1st thanks Judge Kevin offer getting back on the exact time before I call on Sanders call Bashar I think that some of my colleagues have raised some issues that I demand an answer and I want to speak to those points but this issue was never come up from my colleagues but I thought as I sat here and listen to some people criticize the Supreme Court for innocence being bought and and they always tend to criticize the present United States for somehow interfering in the Judiciary and I hear all about the criticism of trump it seems odd to me that we don’t have criticism of people that are saying the same thing about the spur in court so I I want to read the independence and the Integrity of the Judiciary and they applaud the Judiciary for standing up to the president I just listened to some of my colleagues here one of them spent 18 minutes attacking the personal Integrity of justices of the Supreme Court he said that five justices have been bought and sold by private interest he accused them of deciding cases the benefit of favoured parties so I think it’s pretty clear a double standard and we shouldn’t have to tolerate such a double standard and particularly from a press that is a policeman of our whole Democratic process that without a free press our government would be less than what it is and and it seems to me that’s that’s something that I hope somebody will take into generation probably won’t but at least I said my piece then I also sent her several Senators brought up about the 6% and the 99% and things like that that I thought I ought to clear up because I can see myself that when I first started finding out how much paper judge Cavanagh had on his record I mean for his background I started talking about a hundred million pages and then when we finally get 488000 then I could say I got about 40 48% of what we already have but there’s a good explanation why we don’t have it so I want to read some of my colleagues keep saying that we have only 6% of Judge Cavanaugh’s House Records but that 99% of Justice kagan’s White House records were made public before the hearing this is Fuzzy Math my colleagues calibrate their phony 6% figure on to inaccurate numbers first or 6% figure counts the estimated page count by career archivist at the National Archives based upon their historical practice before the on process emails and attach attachments are actually reviewed when judge Kavanaugh’s White House emails that we received the actual number of pages ended up being seen fittingly less than the number the National Archives estimated before the actual redo one reason is because we’re able to use technology to call out the exact duplicate emails instead of having to read 18 * an email that judge Cavanaugh sent the 12 White House colleagues we only had to read the email once second to 6% figure counts millions and millions of pages of irrelevant staff secretary documents that we never ever requested or needed more importantly we receive 100% of the documents we were requested from Judge Kevin all the time as an executive branch lawyer and while we may have received 99% of Justice kagan’s White House Records we received Zero Records from her most relevant legal service as a solicitor general the federal government’s Supreme Court Advocate we receive much less than 99% of a records as a lawyer and we didn’t receive 60,000 emails from Justice Kagan so 99% isn’t over estimate and even though we never received them Justice Kagan solicit solicitor-general records were much more needed at the time because Kagan was a blank slate as a judge instead on light judge Kavanagh was his 12 years of Judicial Service and over 10,000 pages of judicial writings on the nation’s most important Federal Circuit Court Justice Kagan had zero pictures of Judicial Service and 0 pages of judicial writing before appointment to the highest court Senator Klobuchar my opening statement I just wanted to respond to just a few things I want none of that takes away from the fact that 42,000 documents were dumped on us last night and I don’t think anyone would go to trial oh and allowed travel to go forward or lowercase to go for it if once I got 40 mm documents the night before and the other side and you can’t simply review them as pointed out by Center Whitehouse you have to review 7000 documents every hour that happened last night let me respond without taking time away from you exactly the same amount of money we did to do the work the massive amount of work we had to do we got it done at 11 last night and saying is that no one could prepare and review 40 mm Jack documents in one evening we know that no much no matter how much coffee you drink and the set the point is that it is true that executive privilege has never been invoked before I had to block the release of presidential records during this to the Senate during a confirmation hearing so I will begin my opening statement but it was our 2 I don’t believe our refuted so well I’ll refute it from the standpoint there were five thousand documents 42000 Pages thank you welcome your family as well on his face this may look like a normal confirmation hearing it has all the trappings all of us up here all of the cameras out there the statements the question all of it looks normal but this is not a normal confirmation hearing 1st as we have debated this morning we are being asked to give advice and consent when the Administration has not consented give us over a hundred thousand documents all of which detail a critical part of the judge’s career the time he spent in the White House and in addition the majority party has not consented to make 100 eating 9000 of the documents we do have public as a former prosecutor I know that no lawyer goes to court without reviewing the evidence and record I know and I know you know Judge Kevin that a good judge would not decide a case with only 7% of the key documents a good judge would not allow a case to move forward it once I dropped 42000 pages of documents on the other side the night before the case started and yet that is where we are today this isn’t normal it’s an advocation of the role of the Senate and a disservice to the American people and it is duty to speak out secondly this nomination comes before us at a time when we are witnessing seismic shifts in our democracy foundational elements of our government Inn putting the rule of law have been challenged and undermined today our democracy faces threats that we never would have believed would be occurring not that long ago our intelligence agencies agree better for an adversary attempted to interfere in our most recent election and it’s happening again in the words of the president’s Director of National Intelligence but lights are blinking red there is an extensive I’m going investigation by a special counsel the president private lawyer and campaign chairman have been found guilty of multiple federal crimes the man appointed as special counsel in this investigation a man what serve with distinction under presidents from both parties has been under siege the dedicated public servant who work in our justice department including the attorney general and the FBI have been subjected to repeated threats and if Heather work politicize and their motives questioned in fact just this past weekend federal law enforcement was called out was real Butte by the president of the United States for simply doing their jobs for prosecuting to white-collar defendant one for insider trading one for campaign theft why because Independence were personal friends and campaign supporters of the president of the United States as a former prosecutor as someone who has seen federal law enforcement do their jobs this is abhorrent to me so no this is not normal and the last France the third branch of government are courts an individual judges have been under assault not just by a solitary disappointed litigant but by the didn’t of the United States our democracy is on trial and for the pillars of our democracy in our constitution to weather the storm our nation’s highest court must serve as a ballast in these turbulent times are very institutions and those nominated to protect these institutions must be fair impartial and unwavering and their commitment to truth and Justice so today we will begin a hearing in which it is our duty to carry on the American constitutional tradition that John Adams stood up for many centuries ago and that is to be in his work a government of laws and not men to me that means figuring out what your views are judge on weather a president is above the law it is a simple concept we learned in Gray skull but no one is above the law so I think it’s a good place to start there were many highly credential nominees like yourself that could have been sitting before us today but to my colleagues concerns me is it during this critical juncture in history the president has handpicked and nominee to the court with the most expansive view of Presidential Power possible a nominee who is actually written that the resident on his own can declare laws unconstitutional of course we are very pleased when a judge submits an article to the University of Minnesota law review and even more so when that vertical receive so much national attention but the article you wrote that I’m referring to judge raises many troubling questions should a sitting president really never be subject to an investigation president never be questioned by a special counsel should a president really be given total authority to remove a special counsel and addition to the article there are other pieces of this puzzle which demonstrate that the nominee before us has an incredibly broad view of the president’s executive power does Kevin are you wrote for example in 7 Skyvi holder that a president can disregard a law passed by Congress if he deems it unconstitutional even if a court has upheld it what would that mean when it comes to laws protecting the special counsel what would that mean when it comes to Women’s Healthcare the day of the Divine rights of Kings ended with the Magna Carta in 1215 and centuries later in the wake of the American Revolution at check on the executive was a major foundation of the United States Constitution where was James Madison who may not have had a musical named after him but was a top scholar of his time who wrote in Federalist 47 the accumulation of all powers legislative negative and Judiciary in the same hands made justly be pronounced the very definition of tyranny so what does that warning mean in real life terms today here’s one example it means whether people like Kelley Gregory and Air Force veteran mother and business owner who is here from Tennessee and who is living with stage 4 breast cancer can afford medical treatment at a time when the administration is our doing the protections to insure people with pre-existing conditions can’t be kicked off their health insurance or unconstitutional we cannot and should not confirm a Justice who believes the president’s views alone carry the day opinion I plan to ask about when judges appointed by presidents of both parties joined in upholding the Consumer Financial Protection Bureau you judge de-scented your descent concluded that the bureau and agency which is served us well and bringing back over 12 billion dollars to Consumers for fraud from credit cards loans two mortgages was unconstitutional or in another case you wrote a dissent against the rules that protect neutrality rules that help all citizens and small businesses have an even playing field when it comes to accessing the internet another example that seems mired in legalese but is critical for American antitrust law in recent years the conservative majority on the Supreme Court has made it harder and harder to enforce the nation’s antitrust laws ruling in favor of consolidation and market dominance YouTube of Judge Cavanaugh’s major antitrust opinion suggest that he would push the court even further down this promer the murder pact we should have more competition and not less now to go from my specific an end on a higher plane all of the attacks on the rule of Law & Order justice system over the past year have made me and I would guess some of my other colleagues on this committee pause and thin many times about why I decided to come to the Senate and get on this committee and much further back why I even decided to go into law in the first place now I will tell you that not many girls in my high school class that they dreamed of being a lawyer we had no lawyers in my family and my parents were the first in their families to go to college but somehow my dad convinced me to spend the morning sitting in a courtroom watching a State Court District Judge handle a routine calendar of criminal the judge took please listen to arguments and handed out misdemeanor sentences it was certainly nothing glamorous like the work for the job you’ve been nominated for judge but it was important just the same I realized that morning stop behind every single case there was a story and there was a person no matter how small each and every decision the judge made that day affected that person’s life and I noticed how often had to make that decision and had to take account of what his decisions would made for that person and his or her family this week I remembered that day and I remembered I had written an essay about it at the ripe old age of 17 I went back and looked at what I had said it is something that I still believe today and that is fat to be part of an imperfect system to have a chance to better that system was and is a Cause worth fighting for a job doing our government is far from perfect judge nor is our legal system but we are at a Crossroads in our nation’s history where we must make a choice are we going to dedicate ourselves to improving our democracy and prove our justice system or not the question we are being asked to address in this hearing among others is whether this judge at this time in our history will administer the law with equal justice as it applies to all citizens regardless if they live in a poor neighborhood or a rich neighborhood or if they live in a small house or the White House our country needs a Supreme Court Justice who will better our legal system adjusters who will serve as a check and balance on the other branches government who will stand up for the rule of law without consideration of politics or partisanship who will uphold our constitution without fear or favor and who will work for the betterment of the Great American experiment in see that is what this hearing is about thank you lin-manuel Miranda the Magna Carta and your dad taking a few times to mostly to juvie just to scare him straight but who said that that wasn’t what my dad was doing centers that those wisdom in Minnesota congratulations on your nomination Ashley congratulations and condolences of this process stank I’m glad your daughters could get out of the room and I hope they still get the free day from school let’s do some good news bad news the bad news first hitting children hating clean are wanting dirty water you’ve been declared a quote-unquote existential threat to our nation alumni of Yale law school and sense that faculty members alma mater praise your selection wrote a public letter to the school saying quote people will die if Brett Kavanaugh is confirmed this drivel is patently absurd and I worry that we’re going to hear more of it over the next few days but the guy news is it is absurd and the American people don’t believe any of it this stuff isn’t about Brett Kavanaugh when screamer say the stuff for cable TV News the people who know you better not those who are trying to get on TV they total a completely different story about who brought galvanized you’ve earned High Praise from the many lawyers both right and left it appeared before you during your 12 years on the DC circuit and those who’ve had you as a professor at Yale law and at Harvard Law people in legal circles invariably applied your mind your work your temperament your collegiality that’s who broke having is Lisa Blatt as supreme court attorney’s in the left is known you for a decade quote sometimes the Superstar is just a superstar and that’s the case judge the Senate could should confirm him close but it’s pretty obvious to most people going about their work today that the deranged comments actually don’t have anything to do with you so we should figure out why do we talk like this about Supreme Court nominations now the bunch that they typical in the last 19 20 months in America write the comments from the White House yesterday about trying to politicize the Department of Justice they were wrong and they should be condemned to my guess is Brad Kavanagh would condemn them play the reason these hearings don’t work is not because of Donald Trump it’s not because of anything the last 20 months these confirmation hearings haven’t worked for 31 years in America people going to pretend that Americans have no historical memory and supposedly there haven’t been screaming protester saying women are going to die at every hearing for decades but this is been happening since Robert Bork this is 31-year tradition there’s nothing really new the last 18 months so the fact that the hysteria has nothing to do with you means that we should ask what’s the hysteria coming from the hysteria around Supreme Court confirmation hearings is coming from the fact that we have a fundamental misunderstanding of the role of the Supreme Court and American life now our political commentary talks the Supreme Court like their people wearing red and blue jerseys that’s a really dangerous thing and by the way if they have red and blue jerseys I would welcome my colleagues to introduce the legislation that ends lifetime tenure for the Judiciary because if they’re just politicians the people should have power and they shouldn’t have lifetime appointments so until you introduce that legislation I don’t believe you really want the Supreme Court to be able to decide body though that’s the way we constantly talk about it now we can we should do better than this predictable that every confirmation hearing now is going to be overblown politicized circus and it’s because we’ve accepted a new theory about how are three branches of government should work and in particular have the Judiciary should work what Supreme Court confirmation hearing should be about what is an opportunity to go back and do Schoolhouse Rock Civics for our kids we should be talking about how a bill becomes a law and what the job of article to is and what the job of article 3 is so let’s probably just a little bit how did we get here and how can we fix it just for brief points number one in our system the legislative branch is supposed to be the center of our politics number to it’s not why not because for the last century and increasing by the decade right now more and more legislative Authority is delegated to the executive branch every year both parties do it the legislature is impotent the legislature is week and most people here want their jobs more than they really want to do legislative work so they punt most of the work to the next Branch third consequence is that this transfer of power means the people yearn for a place where politics can actually be done and when we don’t do a lot of big actual political debating here we transfer it to the Supreme Court and by the Supreme Court is increasingly a substitute political Battleground in America it is not healthy but it is what happens and it’s something that our Founders wouldn’t be able to make any sense up and forth and finally we badly need to restore the proper duties the balance of power from our constitutional system so point one the legislative branch is supposed to be the locus of our politics properly understood since we’re here in this room today because this is a supreme court confirmation hearing were tempted to start with article 3 but really we article 3 is the part of the Constitution that sets up the Judiciary we really should be starting with article one which is us what is the legislature’s job The Constitution’s drafters begin with the legislature these are these are equal branches but article comes first for a reason and that’s because policy-making is supposed to be done in the body that makes laws that means that this is supposed to be the institution dedicated to political fights if we see lots and lots of protest in front of this green cord that’s a pretty good litmus test barometer of the fact that our Republic isn’t healthy because people shouldn’t be thinking they were protesting in front of the Supreme Court they should be protesting in front of this body the legislature is designed to be controversial noisy sometimes even Rowdy because making laws means we have to hash out the reality that we don’t all agree government is about power government is not just another word for the things we do together the reason we have limited government in America is because we believe in Freedom we believe in Souls we believe in Persuasion we believe in love and those things aren’t done by power but the government acts by power and since the government by power we should be reticent to use power and so if when you differ about power you have to have a debate and this institution is supposed to be dedicated to debate and should be based on the premise that we know since we don’t all agree we should try to constrain that power just a little bit but then we should fight about and have a boat in front of the American people and then what happens the people get to decide whether they want to hire us or fire us they don’t have to hire us again this body is the political Branch or policymaking fight should happen and if we are the easiest people to fire it means the only way that people can maintain power in our system is it almost all the politicized decisions happened here not an Article 2 or article 3 so that brings us to a second Point how do we get to a place for the decided to give away its power we’ve been doing it for a long time over the course of the last century but especially since the 1930s and then ramping up since the 1960’s a whole lot of the responsibility in this body has been kicked to a bunch of alphabets bureaucracies all the acronyms that people know about their government or don’t know about their government are the places where most actual policy making kind of an away lawmaking is happening right now this is not what School House Rocks there’s no versus Schoolhouse Rock that says give a whole bunch of power to the alphabet soup agencies and let them decide what the government’s decision should be for the people because the people don’t have any way to fire the bureaucrats and so what we mostly do around this body is not pass laws what we mostly do is decide to give permission to the secretary or the administrator of bureaucracy XYZ to make law like regulations that’s mostly what we do here we go home we pretend we make laws no we don’t we write giant pieces of legislation 1,200 Pages 1500 pages long the people haven’t read filled with all these terms that are undefined and we said the Secretary of such-and-such shall promulgate rules to do the rest of our dang jobs that’s there’s so many fights about the executive branch and about the Judiciary because this body rarely finishes at work and the house is even worse I don’t really believe that it just seemed like that you needed in some way so arguments that one could make for this new system the Congress can’t manage all the nitty-gritty details of everything about modern government and this system tries to give power and control to experts in their fields were most of us and Congress don’t know much of anything about technical matters for sure but you could also limpiar wisdom if you want but when you’re talking about technical complicated matters it’s true that the Congress would have a hard time sorting out every final. Until about every detail but the real reason at the end of the day that this institution punts most of its power to executive branch agencies is because it’s a convenient way for legislators to have to to be able to avoid taking responsibility for controversial and off and on top if people want to get reelected over and over again and that’s your highest goal if your biggest long-term thought around here is about your own incumbency then actually giving away your powers a pretty good strategy it’s not a very good life but it’s a pretty good strategy for incumbency and so end of the day a lot of the power delegation that happens from this branch is because the Congress has decided to self neuter well guess what the important thing isn’t whether or not the Congress has lame jobs the important thing is that when the Congress neuters self and gives power to an unaccountable 4th branch of government it means the people are cut out of the process there’s nobody in the Braska there’s nobody in Minnesota or Delaware who elected the deputy assistant administrator of plant quarantine at the US and yet if the deputy assistant administrator plant quarantine does something to make Nebraska’s lives really difficult which happens to Farmers and ranchers in Nebraska who do they protest do where do they go how did they navigate the complexity in the thicket of flavius in this town to do executive agency lobbying they can’t and so what happens is they don’t have any ability to speak out and to fire people throwing election and so ultimately when the Congress is neutered when the administrative state grows when there is this fourth branch of government it makes it harder and harder for the concerns of citizens to be represented and articulated by people that the people know that they have power over all the power right now are almost all the power right now happens offstage and that lie a lot of people wondering who’s looking out for me and that brings us to the third point the Supreme Court becomes our substitute political Battleground it’s only nine people you can know I’m you can demonize them you can try to make a Messiahs But ultimately cuz people can’t navigate their way through the bureaucracy they turn to the Supreme Court looking for politics and knowing that our elected officials no longer care enough to do the hard work of reasoning through the places where we differ and deciding to shroud our power at times it mean that we look for nine justices to be super legislators we look for nine justices to try to right the wrongs from other places in the process when people talk about wanting to have empathy from their justices this is what they’re talking about they’re talking trying to make the justices do something that the Congress refuses to do as it constantly abdicates its responsibilities the hyperventilating that we see in this process and the way that today’s hearing started with 90 minutes of theatrics that are pre-planned with certain members of The Other Side here it shows us a system that is wildly out of whack and that’s a fourth and final point the solution here is not to try to find judges who will be policy-makers the solution is not to try to turn the Supreme Port into an election battle for TV the solution is to store a proper a constitutional order with a balance of powers we need Schoolhouse Rock back we need a Congress that writes laws and then stands before the people and Cypresswood and gets to go back to our own Mount Vernon if that’s what the electors decide we need an executive branch that has a humble view of its job as enforcing the law not trying to right laws in the congress’s absence and we needed to destroy that tries to apply written laws facts and cases that are actually before it this is the elegant and the fair process that the founders created it’s the process where the people who are elected to and 6 years in this institution for years in the executive branch can be fired because justices and the judges the men and women who serve America’s be bald by wearing black robes their insulated from politics this is why we talk about an independent Judiciary this is why they wear robes this is why we shouldn’t talk about Republican and judges and justices this is why we said Justice is blind this is why we give judges lifetime tenure and this is why this is the last job interview Brett Kavanaugh will ever have because he’s going to a job where he’s not supposed to be a super legislator so the question before us today is not what is Brett Cavanaugh think 11 years ago on some policy matter the question before us is whether or not he has the temperament and the character to take his policy views in his political preferences and put them in a box marked relevant and set it aside every morning when he puts on the black robe the question is does he have the character and temperament to do that if you don’t think he does vote no but if you think he does stop the charades because at the end of the day I think all of us know the bread I understand his job isn’t to retry rewrite laws as he wishes they were he understands that he’s not being interviewed to be a super legislator he understands that his job isn’t to speak popularity his job is to be fair and dispassionate it is not to exercise empathy is to follow written laws contrary to the onion likes mirrors that we here outside Judge Kevin. Doesn’t hate women and children does not doesn’t last after dirty water and stinky are no looking at his record it seems to what he actually dislikes are legislators that are too lazy and too risk-averse to do our actual jobs it seems to me that if you read us 300-plus opinion what is opinions revealed to me is a dissatisfaction I think he would argue unconstitutionally compelled to sat action with power-hungry executive branch bureaucrats doing our job when we fail to do it and in this view I think he’s aligned with the founders for our Constitution places power not in the hands of the city’s bureaucracy which can’t be fired our Constitution places the policy-making power in the 535 of our hands because the voters can hire and fire ass and if the voters are going to retain their power they need a legislature that’s responsive to politics now did you just show me this responsive to politics it seems to me that judge Cavanaugh’s ready to do his job the question for us is whether we’re ready to do our job thank you mr. chairman the example is the Obamacare legislation that was 2700 pages and there was 1693 delegation of authority to bureaucrats the right regulations because Congress didn’t know how to organize Healthcare Senator Coons welcome welcome to you and to your family and your friends over here as you know well we went to the same law school we clocked in the same courthouse in Wilmington Delaware so on you and your reputation for nearly 30 years and I know well and that you have a reputation as a good friend a good classmate a good roommate as a good husband and family man that you contributed to your community I think we’ll hear later today that you even been a great youth basketball coach but frankly we’re not here to consider you as the president of our neighborhood civic association or even to review whether you’ve been a great youth basketball coach we here to consider you for a lifetime appointments United States Supreme Court we will help shape the future of this country and have an impact on the lives of millions of Americans for literally decades to come and to make that decision to exercise our constitutional roll we have to look closely at your decisions your statements your writings understand how you might interpret our constitution the next Justice will play a pivotal role in defining a wide range of critical issues including the scope of the president’s power and determining whether the president might be above the law the next this will impact the central right enshrined in our modern understanding of the Constitution including the right to privacy rights to contraception intimacy abortion marriage the freedom to worship as we choose the ability to participate in our democracy is full citizen the promise of equal protection that’s because the cases that come before the court I’m just academic or esoterica theoretical they’ve all real people and have real and Lasting consequences with the stakes this High I deeply regret the process gotten us to this point the excesses in partisan gamesmanship of the last few years and that history Bears briefly repeating when Justice Scalia passed in February 2016 I called the White House and urge then President Obama to nominated who could gain support from both sides of the aisle and help build a strong Center on the court and he did just that when he nominated Merrick Garland chief judge of the DC circuit whom I know you also admire but my Republican colleagues refuse to even much less hold a hearing or vote on his confirmation during the 400 Days that the majority refuse to fill the Supreme Court vacancy then president Trump also released a list of potential nominees to the court a list compiled by two highly Artisan organizations the federal Society in the Heritage Foundation and after our president was elected he picked from that list and nominated Neil Gorsuch to the Supreme Court when judge Gorsuch testified before this very committee he told us repeatedly How Deeply he stood and respected president even cited a book on President he’d coauthored with you but his first 15 months of service Justice Gorsuch has already voted to overrule at least five important Supreme Court precedents into question many others to name just I’m giving it was just Labor Day Justice Gorsuch voted to gut public sector unions overturning a 41 year old president on which they were great Reliance interest and impacting millions of workers across the country my point is that Justice search was confirmed to the court and one of the most concerning Leaphart is in process he’s in Senate history and only after the majority deploy the nuclear option to end the filibuster for Supreme Court nominations this brings us judge to today and you are nomination when Justice Kennedy announced his retirement I once again call the White House and urged through Whitehouse counsel did President Trump consider selecting someone for the seat who could win broad support from both sides of the aisle Doug Kavanagh I’m concerned you may not be that nominee your record prior to joining the bench places you in the midst of some of the most pitched and partisan battles in our lifetimes from Ken Stars investigation of President Clinton to the 2000 election rigged recount to the controversies of the Bush Administration including surveillance torture access to Justice and the culture wars so judge it’s critical that this Committee in the American people fully examine your record to understand what kind Justice you would be and unfortunately as we’ve all discussed at length here today that’s been rendered impossible majority has blocked access to millions of pages of documents from your service and a critical role in the white house for the first time since the nonpartisan National Archives has been cut out of the process for reviewing and producing your records Senate Republicans at work to keep committee confidential nearly 200,000 pages of documents so that the public can’t do them and we can question based on them and your former deputy is in charge of designated Which documents this committee and the American people get to see not only that but for the first time in our history the president has invoked executive privilege to withhold more than a hundred thousand pages of on a supreme court nominee from the Judiciary Committee this leads to a difficult but important question is what might president Trump or the majority be trying to hide its German I want to make an appeal work together to restore the Integrity of this committee we are better than this process we are better than proceeding with a nominee without engaging in a full in a transparent process this committee is failing the American people by proceeding in this way and I fully support the Motions made by my colleagues earlier this hearing and regret that we proceeded without observing the rules of this committee that said I have reviewed the parts of your record that I’ve been able to access and what I’ve been able to see from available speeches writing some decisions and I have to say it troubles me while serving in the bench of descended at a higher rate than any Circuit Judge elevated to the Supreme Court since 1980 and that includes judge Bork scents revealed some views and positions that Falwell outside-the-mainstream of legal thought you suggested as has been referenced that the president has the authority to refuse to enforce the law such as the Affordable Care Act where he decide it was unconstitutional you voted to strike down net neutrality rules gun safety laws the organization of the Consumer Financial Protection Bureau in many of your two cents with undercut Environmental Protection to workers rights or any discrimination laws and you’ve recently praised Justice dissent in row you’ve embraced an approach to substance of due process that would undermine the rights and protections of millions of Americans from basic protections for LGBT Americans to access the country oceans Healthcare in the building ability for Americans to love and marry only wish I’m concerned your writings demonstrate a hostility to affirmative action and civil rights and most importantly I believe you repeatedly and Susie Astic we Embrace and interpretation of Presidential Power so expensive it could result in a dangerously unaccountable president at the very time and we are most in need of checks and balances I want to pause for a moment on this last point because the context of your nomination troubles me the most in reviewing your records judge you question the lawfulness of United States V Nixon and historic decision in which a unanimous Courts at the president had to comply with a grand jury subpoena if questioned the correctness of Morrison V Olson a thirty-year-old president holding that Congress can create an independent counsel with the authority to investigate the president who the president can’t just fire on a whim you question whether president and his age should be subject any civil or criminal investigations while in office and given these positions about Presidential Power which I view is being at one extreme of the record of circuit judges we have to confront an uncomfortable but in question about whether president Trump may have selected you judge Cavanaugh with an eye towards protecting himself so I’m going to ask you about these issues as I did when we met in my office and I expect you to address when we spoke you agree that we have a shared concern about the legitimacy of the Supreme Court that it is critical to our system of rule of law in my view it is today in Jeopardy you’re participating in a process that is featured unprecedented concealment and partisanship around your record and a few moments ago Senator Durbin proposed to bold step which would be for you to support suspending this hearing until all your records are produced in available to this Committee in the American people and I encourage you do this there’s also members of both parties who have not stated how they will vote on your nomination and I urge you to answer our questions about your prior work about your writings about president in the Constitution itself to trust the American people and to help build our trust in the court on which you may well soon serve I’ve been to too many hearings in which judicial nominees have told us though even-handedly apply the text of laws for the Constitution only to watch send to the bench and Whittle away individual rights of Americans or narrow or overturn long settled present this Supreme Court vacancy comes at a critical time for our country when are institutions of law in the very foundations of our democracy Gravely tested if we’re going to safeguard the rule of law in this country are courts and in particular are Supreme Court must be a bulwark against unprecedented violations of law deprivations of freedom and abuses of Power by anyone including our president no one said it better than our former colleague Senator McCain who wants asked about America what makes us exceptional is that our wealth or natural resources are military power are big and bountiful country no it’s founding ideals and our Fidelity to them and our conduct in the world they are the source of our wealth and power that we live under the rule of law that enables us to face threats with confidence that are values make stronger that our enemies would uphold or undermine those founding ideals and the role of law we’re here to determine whether you would continue in the traditions of the Court or transform it into a body more conservative than a majority of Americans were here to determine whether your confirmation would compromise or undermine the legitimacy of the court itself I ordered you to answer our questions and to confront the significant challenges these are waiting questions and the American people deserve will answers thank you and I look forward to your testimony and not just from Senator Coons but other the somehow you judge Cavanaugh out of the mainstream some way so I looked at your record and the DC circuit and have found it judges have agreed with you and your rulings in an overwhelming majority of matters across-the-board 94% of the matter is Judge Cavanaugh heard where decided unanimously in 9 7% of the matters judge Cavanaugh heard he voted with the majority judge Cavanaugh dissenting opinions and only 2 7/10 percent of the matters that I would also like to clarify what the presidential records act requires are documents process has fully complied with presidential records act under the federal statute President Bush has the right to request his own Administration records he also has the authority to review his records before the Senate Steve’s am indeed the archives may not produce them to the committee without giving President Bush and is statutory representatives and opportunity to review first this is what president Bush’s done and then the National Archives is not have the authority to second-guess President Bush’s decision to release records to us the National Archives was not cut out of the process as President Bush’s I’m leaving form the committee quote because we have sought received and follow narrow that means the archivist views on any documents withheld as personal documents the result King Productions of documents to the committee is essentially the same as if the archivist had conducted is Freeview first and then sought our views and the current Administration views as required by law Senator flake it’s been discussed here a lot today the issue of documents and document production the standard historically that we use to two looking at nominees is what is red probative I would suggest that we certainly get that from the twelve years you’ve served on the Circuit Court little more than any other circuit court that the Supreme Court would be perhaps called to rulon in the past senators on this panel have argued on both sides of the aisle that confirming a judge confirming to judge the best we can look at is his or her judicial record you have that record and it’s a long one over 300 opinions and I would suggest that that’s where we need to start a lot of the other records that have been discussed or mainly in duplicative administrative documents many do not meet the standards of relevant or probative they may not demonstrate the type of justice that you will be Center SAS talked about what we are called to do here to look at your temperament and your judgment and your character I think you can see a lot of that by the type you’ve lived outside of the courtroom when we met in my office I was impressed obviously with yours respect for the law and quick intellect but also Strut by kindness anadi I found out that we share deep love of sports we both played a football back in the day I’m sure you’re looking forward to this weekend not just when these hearings are concluded but when the Redskins Cardinals play on Sunday learned that you run the Boston Marathon twice I wonder if the AVH of that into account when they gave you a favorable rating I’m not sure what that says about you soundness of Mind myself but in all seriousness trading for a marathon completing to marathons like this is a huge accomplishment accomplishment it demonstrates not just your competitive spirit strong sense of purpose and commitment and says something about your temperament and and character of course you have no greater commitment than to your family your wife Ashley and your two daughters I know that you be Pride when talking about them and talking about this has been mentioned you earlier coaching your daughter’s Elementary School basketball team’s I have a letter for the record written by a group of parents whose girls play for basketball teams that judge Cavanaugh coaches and with mr. chairman without objection I’d like to enter that letter into the record for the team’s parents note that has been a devoted coach and a mentor to there. as these parents note Coach K that’s knew you not the Duke famous One respect discipline hard work and competitiveness again we’re going back to temperament and character does a good deal about that character and congratulations to you and Blessed Sacrament bulldogs for winning the city championship this past year I know you must be proud of your team spend as I mentioned to the last 12 years as a federal appeals court judge on the DC circuit you have earned a reputation among legal commentators and colleagues on both sides of the aisle of a solid careful judge a thorough and clear Rider and someone who promotes collegiality on the court working with people across ideological lines I have also New York Times article for the record my professor akhil Amar a self-professed liberal who described judge camera as one who appreciates the craft of judging with seriousness and command wide and deep respect among Scholars lawyers and joy across the political Spectrum German I’d like to submit that for the record as well as I mentioned has a mass and astonish only distinguished an extensive record riding more than 300 opinions enjoying his colleagues in Ishpeming thousands of additional cases and that is where we need to look first when we’re looking at a now you will judge on the Supreme Court now I know and it was that’s a lot of the concern on the other side of the aisle stems from the concern of an Administration that doesn’t seem to understand and appreciate a separation of powers and the rule of law I have that concern as well if you just looked at at what was said just yesterday by the president I think it’s very concerning he said in a tweet to long-running Obama investigations of two very popular Republican congressmen were brought to a well-publicized Charged just ahead of the midterms by the Jeff sessions justice department he calls it to easy wins now in doubt because is there is not enough time good job Jeff that is why a lot of people are concerned about this Administration and why they want to ensure that are in tuition told thus far they have gratefully Jeff sessions has resisted pressure from the president to punish his enemies and relieve pressure on his friends and many of the questions that you will get on the other side of the aisle and from me will be how you view that relationship where you believe the Article 1 powers and an Article 2 powers of the administration so I expect to have a number of questions on that to subject again appreciate your willingness to put yourself through this process and I look forward to hearing moving ahead thank you mr. chairman chairman thank you mr. chairman for you’re conducting these here as barely and patiently as you have and I am going to be with marking further on what procedurally I think is appropriate here but I want to begin by thanking the cabin all and your family for your commitment to Public Service I want to thank the many many Americans who are paying attention to this hearing not only in this Rome but also across the country I want to thank them for their interest and indeed their passion that is what sustains democracy that commitment two ordinary everyday Americans participating and engaging in this process there is a t-shirt worn by a number of folks walking around this building it says I am WhatsApp steak this phone and this proceeding could not be more consequential in light of what is at stake weather women can decide when they want to have children and become pregnant whether the people of America can decide whom they would like to Mary whether we drink clean water and clean air whether consumers are protected against defective product and financial abuse is and whether we have a real system of checks and ounces or alternatively and imperial presidency I will not pass a boat more important than this one and I suspect you of colleagues will as well and what’s at stake is indeed also the rule of law my colleague Senator flake quoted the president’s tweet yesterday I’m going to repeat it to long run Obama era investigations of two very popular Republican congressmen were brought to a well-publicized Charged just ahead of the midterms by the Jeff sessions justice department to he wins now in doubt because there is not enough time good job Jeff I’ve had my disagreements with this Department of Justice I want to note for the actor that at least one high-ranking member of the Department of Justice was in this room I want the Department of Justice to stand strong and hold fast against this Onslaught which threatens the basic principles of our democracy and I want to join my colleagues Senator Sasse in his whole that you Cavanaugh would condemn this attack on the rule of law and are Judiciary because at the end of this dark era when the history of this time is written I believe that the hero’s will be our independent Judiciary and our Free Press you are nominated that very president who has launched this attack on our department of justice on the rule of law on law enforcement like the FBI law enforcement at every level request whose Integrity he has question and your responses to our questions will be highly enlightening about what if you join us in defending the Judiciary and the rule of law that very president has nominated you in this unprecedented time on President because he is an unindicted co-conspirator who has nominated a potential Justice who will cast the Swing Vote on issues with to his possible criminal culpability in fact whether he is required to obey a subpoena to appear before a grand jury whether he is required to testify in a prosecution of his friends or Associates or other officials in his administration and weather in fact he is required to stand trial if he is indicted while he is present United States there is a basic Prince of our Constitution and it was articulated by the founders no one can select a judge in his own case that’s what the present potentially selecting a Justice on the Supreme Court who potentially will passed a decisive vote in his own case that is a reason why it’s proceeding is so consequential to do our job part of our job is to review the rec the nominee as thoroughly and deliberately as possible looking to all the relevant and probative evidence we can’t do that on this record mr. chairman you have said multiple times that you were staff is already reviewed the 42,000 pages of documents produced to this committee at 5:41 p.m. yesterday both sides are using the same computer platform to review the documents from Mr Burke the documents had to be loaded into this platform over night and couldn’t be completed until 6:45 a.m. this morning how is it possible that your staff concluded it’s review last night before the documents were even upload it that’s the platform that both sides are using here simply not possible mr. chairman that any Senator has seen these new materials much less all of the other relevant documents that have screen by bilbrook to is not the National Archives and this situation when we say it’s on pressing that it is truly without parallel in our history and I’m going to quote from the National Archives it’s quote something that has never happened before and the archivist continued this effort by former President Bush does not represent the National Archives or the George W Bush Presidential Library and quote so mr. chairman I renew my motion to adjourn so that we have time to conclude our review of these documents and so that also my request under the Freedom of Information Act which is now pending to the National Archive is to the Department of Justice to other relevant disease can be considered and judge that Freedom of Information Act will require some time I assumed to conclude I renew my motion mr. chairman and ask for a vote on the motion to adjourn as I said earlier rule for provides quote the committee chairman shall shall not May entertain a non-debatable motion to bring a matter before the committee to a vote that seems pretty clear to me mr. chairman I’ve made a motion to bring before the committee a motion turn under the rules with all due respect you are required to entertain my motion and I would just add this final Point all these documents will come out they will come out eventually as soon as 2019 and 2020 bylaw these documents belong to the American people it don’t belong to President Bush or president Trump it belongs American people it’s only a matter of time my Republican colleagues before you will have to answer for what’s in the document we don’t know what’s in them but the question is what are they concealing that you will have to answer to his before misterman I renew my motion to adjourn you quote the rules very accurately but those rules apply to executive Sation we’re not in executive business session so to me the language in Roofing or anywhere else in our rules that limited scope to Executive business meetings there is no such language which account I would have you quote language to the to the contrary could you wrote me that language will you quote me a language to the contrary what I rolled there is no language to the contrary I’m asking for a vote this session now there’s nothing that precludes the boat in our hearing at this exact time well if the chair with all due respect his ruling against me I moved to appeal the ruling in the chair with all due respect about the rules to the committee I ask for a roll call vote to overturn the ruling of the chair and to allow for vote on my motion to adjourn these proceedings that would be inappropriate if we were in executive business you’re not in executive business session so it’s denied mix chairman I will proceed under protest we had a lot of rhetoric so far about rules and norms I am very regretful that the chair has adopted this fan switch in my view contradicts are basic norms and rules but I will proceed mr. chairman I have fears about what this nominee will do with respect to our rule of law but also about basic rights that have been established by pass Supreme Court precedent and the only way to test what is Fidelity to the rule of law is in fact is to ask if I’ve asked every judicial nominee coming before me when I have served on this committee and hearing whether he believes past decisions of the Supreme we’re correctly decides I’m going to be asking you that’s Cavanaugh what do you believe Roe v Wade was correctly decided I’m going to be asking you H&H of a set of 10 minutes for an opening statement will happen 50 minutes for questions and then automatic not been confined there 10-minute opening statement okay well like I told you I think I have time left you will have time I’m going to let you finish just a minute I was hoping that the 10-minute rule would stand but we got off to a very bad start and and we and we got off to a bad start and everybody started exceeding their time limit so I as long as we have to we have to stay here and get this all done today if we have to stay into the night we’re going to stay but I’m not going to cut anybody off now that I didn’t do it right away and like you said mob rule I’ve always said my cell phone by using other people either you run the committee or the committee runs you when I let the and I let there and I let the committee run me this time so let’s just let’s just proceed as we have and let Senator Blumenthal what time you want I hope you won’t go to too long I’ll be very delicious thank you thank you the corner and I can agree with you we just received Center judicial nominees have figured out all kinds of ways to avoid answering that question first they said they felt it would violate the canons of Ethics there are no cans of Ethics that preclude a response then they said that they felt the decision might come before them and issue in a case that might arise and more recently they’ve adopted the manttra that they think also Court decisions are correctly decided but you’re in a different position you’ve been nominated to the highest court in the land and your decisions as a potential Swing Vote could overturn even well-settled president and there are indications in your writing your opinions as well as the Articles you’ve written and some of the memos that have come to light that you believe for example Roe v Wade could be overturned and that’s why I want to know from you what do you think it was correctly decided in the first place and other decisions that are regarded as well settled or long a tablet in fact I have these fears because judge Cavanaugh this system and process has changed so radically in fact you have spent decades showing us in many ways what you believe or to put it more precisely you spend decades showing those groups like the federal Society in the Heritage Foundation and others what you believe they’re the ones who have really nominated you because the president outside this decision to them in those opinions and writings and statements and interviews you’ve done everything in your power to show those far-right groups that you will be a loyal soldier on the court and I’m going to use some of those writings and some of the timing and other indications to show that you are more than a nominee in fact candidate in a campaign that you have conducted that seems to be unfortunately the way the system has worked in your case the Norms have been done down and the system has been degraded but I think that we have an obligation to do our job and elicit from you where you will go as a Justice of the United States Supreme Court based on what you’ve written and said and also what you will tell the American people in these hearings I join in the request it’s been made of you that you show the initiative and asked for a postponement on these hearings I think that this process has been a great disservice to you as well as this committee and the American people if you are confirmed after this truncated and concealed process there will always be a tank there will always be an aspirin after name appointed by a President name doesn’t unindicted co-conspirator after the vast majority of documents relating to the most instructive. Is light or concealed the question will always be why was all that concealed you coached and you ventured judges in going through this process you are as sophisticated and knowledgeable as anyone who will ever come before is a Judicial nominee so you know that we have an obligation to inquire as to everything that can be relevant and it’s not the numbers of documents it’s the percentage there were no emails when Justice Ginsburg was the nominee the documents that we’ve been provided contain duplicates they’re full of junk we need everything that is relevant including the three years that you serve in the bush White House as staff secretary the most instructive. Of your professional career let me conclude by saying you know what we share I think it is a deep respect and reverence for the United States Supreme Court I was a law clerk as you were I’ve argued cases before the Cort most of my life has been spent in the courtroom as us attorney or as attorney general the how are the Supreme Court depends not on armies or police force it has none but on its credibility the trust and confidence of the American people I ask you to help us up old that trust by asking this committee to suspend this hearing and come back when we have a full picture with the full sunlight that our chairman is so fond of espousing fully and fairly evaluate your nomination thank you mr. Sherman once again I would remind everybody we have a half a million paint half a million documents on this gentleman’s record and also I’d like to respond to the fact that you can’t go 42000 Pages which I guess is way over the number of DACA that to a we actually received the majority and minority receive documents and two ways one is a format that can be uploaded to reviewing platforms and the second is in a standard document file format called PDF given the importance of reviewing documents in a timely manner my staff review the PDF versions the production was relatively small and therefore there was no need to upload to a reviewing Sam Senator Senator Senator Kennedy Senator Kennedy your next your next Senator Kennedy I’ve listened with answers today I agree so much with what Senator Sasse said I listen today and it snow so many Americans think that the United States Supreme Court is nothing more than a little Congress a political body like the United States in it but let me try to explain what I’m looking for Emma Supreme Court Justice I want to judge I don’t want a politician and I’m not naive it’s true Senator Booker and I are new to the Senate we didn’t come here when Moses walk the earth butt we’re not in the pockets and I understand that that human relations are about our Founders ever intended for the United States Supreme Court I don’t I’m not looking for an idealogue I’m not looking for a hater what I am looking for is somebody who is whip-smart whose intellectually curious who writes cleanly and crisply who knows what a semicolon is far and who is willing to protect the United States Constitution and the Bill of Rights and understands that the Bill of Rights was not an ala carte menu every one of them counts let me try to explain further why I agree with so much of what senator says set this is not a newsflash our country is divided we’ve been divided for what we will survive this but I confess the division in our country today is seems to me to be especially sharp and what concerns me so much about the that division is the bay smallest disagreement so much of it is anger there have been thousands millions of pages written about the Genesis of that anger we all have opinions you know what they say about opinions here’s mine I think a big part of the anger in America today is because we have too many of me who aren’t sharing in the great well for this country not economically not socially not culturally and I spear Ann and those Americans believe that the American dream has become the American game and if that game is fixed example why I don’t hear it so much today I’m biased but I happen to think the tax cuts and jobs bill act worked but when I ran two years ago I would hear it every single day people would stop me and they would say Kennedy you know what’s wrong with us economically they would tell me I look around Kenedy and I see too many undeserving people emphasize undeserving I don’t want paint with to brought a brush they will tell me Kennedy I look around I see too many undeserving people at the top getting bailouts and I see too many undeserving people at the bottom getting handouts and I’m here just to working Smart in the middle stuck in the middle and I can’t pay the freight anymore because my health insurance has gone up and my kids ocean is gone up and my taxes have gone up but I tell you what has gone up my income now I have to say we’re doing better in that regard but we still got to work a long way to go but here’s the point who’s supposed to fix that for the American people it’s the United States Congress it’s not the United States Supreme Court supposed to fix this culturally economically socially spiritually and in that’s why I say I agree with so much of what Senator Sasse said it’s almost become but the role of a judge is early should be to say what the morrow is not what mama-to-be ask for come push a butt cliches become cliches because judge you are not put there to try to bypass the ballot courts should not try to fix problems that are within the province of the United search Congress even if the United States Congress doesn’t have the courage to address those problems are course we’re not meant to decide these kind of issues we can’t replace you and shouldn’t try to replace you with a software program based on artificial intelligence you have discretion we’re going to talk about that if we ever get to the questioning part of this exercise but I won’t say it again I understand why I’m listening today there’s so many Americans believe that the law which I think all of us Revere has become pilot it’s just pursued in another way it’s not the way it’s supposed to be judge that’s not what I’m looking for now I’m going to end I still got plenty of time left I think I had two hours allotted mr. chairman I talked about then seen this movie before I commented to my friend sent her to tell us things as long as the movie The Words of Justice Curtis 57 we need to send it in the Dred Scott case what a strict interpretation of the Constitution according to fix rules which govern the interpretation of is abandoned and the theoretical opinions of individuals are allowed to control which meaning we have no longer a constitution we’re under the government of end of the men who for the time being have power to declare what the Constitution is according to them to their own views of what it ought to me that’s my Justice Scalia put it another way and I truly will Linville that he said the American people love democracy and the American people are not full the people know their value judgments are quite as good as those taught in any all school maybe better value judgments after all should be not dictated that’s why I’m looking for judge thank you mr. chairman just Kavanagh and your family welcome this is Herman earlier on. Today I pointed to an op-ed that have been written by two former wife staff secretaries John podesta and Todd steering entitled staff secretaries aren’t traffic cops stop treating cavanal like he was one and I know it in their op-ed what they said I will quote part of it said that when we they handle the job for President Bill Clinton in much the same way that staff secretaries did for President George HW Bush discovered mammals for every decision mammal that went to the we summarize the underlined memo identify the court decision points and options and convey the views of Key Senior staff members from whom we had sought comment we wrote hundreds of these mammals it is no wonder that judge Cavanaugh has deemed his time as White House staff secretary so important to his performance as a judge but unfortunately that we have said many times already we don’t have any of these does Cavanaugh’s time as staff secretary Dana Sabra Michael baylson guitar Angie Brown Jackson Colleen kollar-kotelly weld John base Derrick Kahala Watson these are the names of some of the federal judges across this country we have indicated my faith in the rule of law over the last year-and-a-half these are the women and men appointed Republican and Democratic presidents who ordered the government to reunite parents with their children ripped from their arms at the border who rejected attempts to deny federal funds to cities refusing to be drawn into the war against immigrants who stopped executive orders aimed at kneecapping public sector unions with stop the implementation of an ugly ban on transgender Americans serving in our military block citizens from their Twitter feeds and we’ll stop the government from Banning Muslims from entering the United States these Georgia stood firm in defense of the Constitution the American values that expresses and the systems system of checks and balances it in shrines at this moment of peril for our democracy it is he’s judges and others like them with push back against the efforts of a president eager to wield unlimited and uncheck power in normal times will be here today to determine the fitness of a nominee to the Supreme Court of the United States chosen for his or her legal talent and reputation for fairness but these are not normal times you decide whether or not to rubber-stamp Donald Trump’s choice of a pre-selected political ideologue nominated precisely because he believes a sitting President should be shielded from civil lawsuits criminal investigation and prosecution no matter the facts let’s not forget during this campaign Donald Trump needed to show up his support from the Republican base who questioned whether he was sufficiently conservative to help you turn to the Federalist society and the heritage station to build a pre approved list of names and promised to pick from among them with selecting nominees for the Supreme Court these groups are long-standing right-wing organizations that advocate for cancer causes and legal positions the Heritage Foundation focuses on developing policy 2 among other things oppose climate change repeal the Affordable Care Act and reduced regulations for big businesses the Federalist Society focuses on changing the American legal system to align with an ultra-conservative interpretation of the Constitution including the overturning of Roe v Wade when given the opportunity to nominate a new Supreme Court Justice Donald Trump exactly as he promised you did not seem like someone who demonstrates Independence infidelity to the rule of law instead Donald Trump selected a pre-approved name in order to guarantee a fifth vote for his dangerous anti-worker consumer anti-women pro-corporate and anti-environmental agenda and Donald Trump selected Bricktown are from this list for me the more specific reason the president is trying as hard as I can to protect himself and the independent impartial and a dogged investigation of his abuse of power before the walls close in on him entirely because if there’s one thing we know about Donald Trump it is that he is better to self-preservation every minute every hour every day just have another appointment should be considered in a broader context the president has been packing our courts with idia logically driven judges will come to the bench with firm positions dirigentes within Volante rule in ways consistent with those agendas for example now a judge on the 5th circuit has written in favor of unlimited campaign contributions and in another case publicly are just personal views in opposition to abortion Trump nominee donwload now or judge on the 5th circuit is already voted to curtail the independence of a federal agency that helped rescue the economy after mortgage crisis of 2008 Trump nominees Steven they both now a judge on the third Circuit Road and he sent to explain that he does not believe Title 9 require school districts to provide transgender students changing facilities and bathrooms Trump nominee Amy Coney Barrett now a judge on the 7th circuit ruling to keep out of court employees trying to challenge an arbitration proceeding and cast the deciding vote to allow to continue to segregate is Workforce and Trump nominee John Kate Bush now a judge on the 6th circuit rude to keep out of court a woman accusing her employer of age discrimination despite Addison judges view that there was sufficient evidence to go for Wendy’s Trump nominated judges came before this Judiciary Committee as nominees my Democratic colleagues and I tried to find out how they would go about deciding tough cases what do we base our decisions on when the Lord did not give a clear enough direction as is often the case and time and again we were told don’t worry about my personal background or my history as a partisan political Advocate don’t worry about what I’ve done written or said until now when I get on the bench I’ll just follow the law but clearly they have not why should we expect this Supreme Court nominee you to be in different president Trump selected Brad Kavanagh because of his fealty to the partisan political movement has been a part of his entire professional life from his clerkship was Judge Alex Kozinski to his Apprentice sit with Ken Starr do his work on George W Bush’s legal team during the Florida recount and in the White House just Kavanagh has been knee-deep and partisan Politics the first reward for that service was his nomination to the DC circuit it was a tough fight but Republican align special-interest fought for more than 3 years to get him confirmed and for the past 12 years as a judge has ruled weather in descent or majority and weighs and line with their political ideological agenda now president Trump is elected judge Cavanaugh to provide the decisive fifth vote in cases that will change some of the most basic assumptions Americans have about their lives and their government there are more than 730 federal judges working on thousands of cases across the country every day and most of these cases and in trial courts some of them are peeled and heard an appellate courts the closely divided Supreme Court here’s very few cases many times fewer than a hundred every year before Justice Kennedy retired so many important constitutional rights were hanging in the balance decided on narrow grounds by 524 volt and now that Justice Kennedy has left the court the forces opposed to workers rights women’s rights lgbtq Rights Voting Rights civil rights of all kinds and Environmental Protections are eager to secure a solid majority on the core the support their right-wing views these Ultra right-wing forces have been working for decades to prepare for this moment because they know that a single vote a single vote for one Justice is all it would take to read change the direction of this country it could take just one vote on the Supreme Court to overturn Roe v Wade and deny women control over their Reproductive Rights it could take just one vote to declare the ACA pre-existing condition protection constitutional you could take just one vote to dismantle Environmental Protections that keep our air safe to breathe and our water clean to drink it could take just one vote to dismantle Common Sense gun safety laws that keep our community safe and it could take just one vote differ that you rolled protections for working people and unions since his nomination was announced I have been asked many times why the Democrats would even bother to go through the motions when we know that are Republican colleagues will do anything to support this administration’s judicial nominees there are battles worth fighting regardless of the outcome a lifetime appointment to the Supreme Court of someone who provides a fifth vote on issues impacting the lives every Working America is a battle worth fighting so I intend to use this sharing to demonstrate to the American people precisely why who sits on the Supreme Court matters why a v India logically driven conservative and political vote is dangerous for a country why the Senate to reject This president’s latest attempt to break the system in his favor as Senator is being to ask your questions in the coming days I asked the American people to listen carefully to what the Lisa and compare it with what we heard only a short time ago from Neil Gorsuch at his confirmation hearing just 18 months ago judge Gorsuch told us that quote all president of the United States Supreme Court deserves the respect president which is quite a lot is the anchor of the law does gorcyca said it’s not whether I agree or disagree with any particular president that would be an act of hubris because of presidents once is decided it carries for more weight than what I personally think he said just Gorsuch made these promises when he was asking for our votes but earlier this year he joined a majority of the court to overturn precedent in a 41 year old case check the government workers and their ability to form a union in a 5-2 for decision I speak just Cavanagh to make similar Promises of the next few days only to do sadly the exact opposite of confirmed our jobs is important because every American should be concerned about what our government and Country would look like if judge cavena is confirmed we all went to the American people into all of the independent-minded judges I mention at the beginning of my remarks to prove the Integrity of our Constitution and the fairness and Order Of A system that has served us well for so long does Cameron what may be going through your mind right now is to Simply and stoically and Judith is hearing but don’t you thank you owe it to the American people does disclose all of the documents being requested because you have nothing to hide because you have nothing to hide agree with my colleagues Senator Durbin Justice cabinet does Cavanaugh behind your full record in public life fundamental fairness would dictate that you join us in our call for this committee to suspend until we receive all relevant documents and have a chance to review them your failure to do so would reflect a fundamental mistrust of the American people thank you mr. Sherman and I would like to have entered into the record the op-ed piece that I referred to as what by John podesta Todd Stern without objection it will be entered let’s go to Senator krapils next thank you mr. chairman thank you for your service to this country and thank you for the willingness you have expressed take this additional assignment and thank you to your family we welcome them as well the process on which we’re about to Embark is one maybe not the most important duties and trust it to advice and consent on judicial nominations ultimately Affair and proper judge Supreme Court or otherwise must follow the law and not make laws From the Bench upon receiving his nomination to serve as an associate Justice of the Supreme Court Judge Cavanaugh stated my Judicial philosophy is straightforward adjudged must interpret statutes as written and a judge must interpret the Constitution has written informed by history and tradition and president isn’t that the ideal of a judge steadfastly committed to the law no one seriously social justice on our nation’s highest court he is vastly-experienced and widely respected for his intellect is honesty and his legal Acumen with over 300 offered opinions and 12 years of service on the and she is a judge with a clear record demonstrating that he applies the law as written and enforces the Constitution he values president and has written along with Justice Gorsuch and others the law of judicial precedent scholarly piece on the importance of Starry decisis sadly much of the discourse surrounding judge Kavanaugh’s nomination deals not with the content of his legal opinions his Judicial philosophy or temperament but rather is today’s discussion has shown the spyrius notion that our distinguished German has not been rigorous or fair or transparent in navigating the requisite document production efforts required by this committee those claims Are Holy without Foundation there have been 57 days since the announcement of Judge Cavanaugh’s nomination on July 9 and today’s confirmation hearing this is a longer. Of time then Senators had four justices Sotomayor Kagan and Gorsuch Justice cabin also submitted over 17,000 pages bipartisan Judiciary Committee questionnaire the most extensive questionnaire ever returned by a nominee to the Supreme Court the committee also received more than 440,000 pages of documents related service in the executive branch this to is more than any Supreme Court nominee to date as has been set earlier in fact it’s more than the last 5 nominees combined I applied German grassland is dedicated staff for their tireless work and read up reviewing these documents and making the vast majority publicly available as quickly as possible and frankly mr. chairman I believe the American people appreciate your efforts your transparency and your commitment to a fair process now I want to make one side note it was said here today that the number of documents provided Justice now Justice Kagan who is also a nominee who had served in a White House and had many many documents relating to her service 99% of the documents requested for her were provided one problem with fat and that is that when Justice Kagan was before she had been the solicitor-general they were probably more pages relevant to her service there then to your service we don’t know the number because the Republicans read after a strong disagreement with the Democrats that we wouldn’t request those documents because the White House claimed they were sensitive the Democrats and Republicans but it’s notable I think it’s incredibly important to note that this argument that is going on today about the balance of document production is simply a trumped-up argument these facts of side any of my colleagues continue to criticise this process their motives are clear use any means available to attempt to delay the confirmation process of a well-qualified jurist fit for the job indefinitely I strongly agree with the comments of many of my colleagues here today Senator Cruz pointed out what was really at stake Senators ass pointed out why it is that Congress needs to be the part are federal government that makes the law not the Judiciary Center Kennedy is followed up on that thought is have many of my other colleagues here today I think one point that Senator Cruz made deserves repeating much of what we are hearing today and will hear for the remainder of this process is ultimately and effort to read litigate the last presidential election in fact we have just heard Kavanagh attacked and stated to be unqualified because he is a trump nominee other Trump nominees have also been attacked here today Trump not on their nominees because of an unwillingness to accept the outcome of the last presidential election judge Cavanaugh as the nominee has been widely ignite for his judicial temperament and his detailed legal writings in defense of the Constitution his opinions are widely cited by his fellow appellate judges and even the Supreme Court at all those integrity was challenged stating that what he says to this this committee he will vote the other way once put into office put into the Supreme Court the fact is that his record as the chairman has already outlined this proves that he serves on the DC circuit court of appeals court on which more of the judges who serve have been appointed by Democrat presidents then Republican presidents yet he has voted 97% of the time with his colleagues in the majority on that Court showing that he will follow the law and that he does so with the majority support abroad and I was going to say bipartisan cardizem judges who are appointed by Republican and Democrat presidents and who consider some of the most important cases in America today that is the judge we have before us he’s a judge is Judge many critics argue that Justice Kavanagh would play an instrumental role in reversing and number of Supreme Court precedents how I however I wonder how one can draw that conclusion given his record exhausted and waiting consideration of important legal questions on a court such as the DC circuit I recognized that it is politics driving these attacks and so do the American people they know what’s at stake here in his legal opinions judge Cavanaugh has consistently demonstrated willingness to rain in both Congress and the executive branch when they overstepped their respective nutritional grounds understands and is focused on the principle that I judge is a servant of the law not the maker of it we should take him at his own words the judge’s job is to interpret the law not to make the law or policy so read the words of the statute as written read the text of the Constitution as written mindful of history and tradition don’t make up new constitutional rights that are not text of the Constitution don’t shy away from enforcing constitutional rights that are in the text of the Constitution those are judge Cavanaugh’s words that is the man who sits before us nominated be a Justice on the highest court of our land has the backing of his former law clerks and lost Dunes his colleagues on the bench appointed by both Republican and Democrat presidents and many members of his local community in which serum so closely involved he’s a man of honor integrity and well-respected in the legal Community there is no dispute he is qualified to serve on our nation’s highest court mr. chairman I look forward to hearing from you he himself when we all get done with our statements the next few days will prove insightful as we discussed with judge Cavanaugh for the public to hear in his own words the proper all of a judge in our constitutional system I look forward to this hearing and again judge Cavanaugh thank you for being willing to be here thank you mr. chairman and what is truly a historic moment mr. chairman anyway I was questioning your integrity or your decency I was appealing to it earlier before and you have been conducting this here and giving myself and others the opportunity to at least speak and make our case and even though you have not ruled in our favor of which I’m I do hope you understand that I value your friendship and and frankly to the most valuable moment I’ve had in the Senate I still remember shaking your flooring coming to agreement with you on Criminal Justice Reform I’ve come to have a deep respect for you sir so I hope if you worried about our friendship being affected it will not be and that gives me an opportunity to say something to the public-at-large and that is about this committee you would think that Republicans and Democrats don’t talk. weather but I’d like to remind remind the public that when they think that happens the artist think of the record of this committee not just as chairman but this Committee in the three and a half years and maybe even before I got to be terrible but in the three and appears I’ve been chairman every bill that got out of this committee is a bin a bipartisan Bill proceed Center thank you very much I appreciate that it doesn’t detract from the fact that I just fundamentally disagree with including today when I first got to the Senate I was very fortunate that a lot of senior statement yourself Center hatch included a pulled me aside and gave me hard wisdom a time remember I came to the Senate special election at a time that we were changing some of the Senate rules I’ll send her 11 brought me aside and gave me a hard talking to Senator McCain giving you a hard talking to and all of them meet similar points about this idea that sometimes you need to be if the pendulum was the other side song the other way in other words they warned me that would goes around in this place comes around and they really think that if the shoe was on the other foot and I’ve been struggling with that sir in it with all honesty what would we put will be saying what will you be saying we had a Democratic president right now a democratic nominee right now and this process was in the reverse and I would like to believe how I would behave and I’m pretty confident I’ll actually be a betting man be willing to that if the Republicans were being denied effectively about 90% of the documents about a person’s public record and I actually do believe it’s only analogy that are made to Senator Justice Kagan solicitor-general time is is not a fair analogy this is a part of the of the nominees history that he himself has said was one of his most formative times and in so I would not hire an intern in my office knowing only 90% a resume is that a person here that would buy a home only seeing 90% it’s only seen 10% of the rooms I just believe what we’re doing here just on the objective you affair is sincerely unfair and it’s insulting to the ideals that we we try to achieve in in this with with some sense of comity and in some sense of of of rules but I want to go deeper than that I’m trying to figure out what the Jeopardy would be what the Jeopardy would be if we just waited for the documents last night we had a document dump of tens of thousands of pages tens of thousands of pages as incest ready there’s no judge would allow a court proceeding to go on no judge it would move forward if one of the parties at just got documents as a 5 last night or potentially as of 11 would I don’t know stand is what’s the Jeopardy of just waiting not just for us to digest these documents but other documents the reality is is limited set of documents that you haven’t even gotten and so whether it’s not seeing 90% of the resume of the gentleman before us or 50% or 40% that should come within time and there’s no Jeopardy when we have a lifetime of point he will be there should he be confirmed for decades and decades and decades waiting another week or 5 days or 2 weeks for those documents that you yourself as requested which is a more limited subset for even those documents to come through I don’t understand what the Rush’s especially given all that is at stake until goals of the reasons why I say to you with sincere respect that this is absurd process it just seems unfair to me and it could easily be solved by putting Paws here on this process waiting for the documents evaluating the documents and will be a much more robust set of hearings on this Dominique as I said I would not hire an intern if I had not if I only seen 10% of their resume and here to have a fuller body of the work of this gentleman before us who is one of my colleagues called popping up in some of the most interesting times in the last decade or two on some of the most important issue already the limited amount we call 7% of the document that I seen unfortunately those are things that are being held committee confidential which I don’t even know if I could use in my questioning here I think the penalties are is Austin from Nelson from the Senate but even a little limited about document that have potentially made my questioning for more rich or more stuff to do to get to the heart of the issues of this end of the individual nominee and against the spirit of some of the states by the privilege of serving with Rockefeller to 1102 McCain to summon that Spirit to these objective as possible. I do not think it is unreasonable for us to wait for a week or two to get the full body of those documents it will cause no harm or damage except to have more of a full telling of what is at stake here this is the stakes are too high and what this represents for us to rush through this process without sharing the documents and without I’ll continue with my opening statement I have said before already that I’ll take this opportunity to probably say that you said I didn’t get all the documents I requested you you probably heard the first sentence of something I said after our break and that was that I could I first started talk about expecting a million documents we end up I think would 488000 but then I went on to explain that the process with all the software and everything else that they can speed things up were eliminated and etc etc and so we’ve gotten all the documents are requested just to correct you mind you requested a limited set of documents of his time as a in the White House counsel’s office we have not received all the documents from a time they’re still being vetted slowly through our system of a non-represented from the committee but the bill Burke individual still reading through those documents as we speak so I imagine some of them will be dumped on us as a process is going on and I predict was quite confident that some of those documents might still be trickling out in the days before the actual full Senate vote please sir you’re talking about committing confidential and you have access to them right now that you just there hasn’t been a determination that like 80% of of all the documents are on the website the Publican see him but in regard to some they were forwarded to us without a second review that second review gives gives you an opportunity to then get them out to the public if there is not one whole reason that they are excluded under the law and you can read those committee confidential documents right now or days ago asking for that I will I will resend it with you in these next 20 before hearing tomorrow or later that you did not respond to your openings former senator for now for Vice President Biden talk about not questioning your colleagues motives in some of the colleagues across the aisle of called the efforts by some of us sincerely to get access to the documents of sham trades I can go through a lot of the words that we use calling into question the motivations that I have are doing what I believe is perhaps the most grave and important duty that I have is a senator to advise and consent in and yes Center Court appointed out I have announced my decision already but my duty to the people of the state of New Jersey another system fully vet an individual that’s why I think the documents were important is full record is made clear and then we have a chance to ask questions about it have said that I opposed this nomination happening right now because of the moment we are in American history which is very unprecedented I remind you that we have had bipartisan statements by Senators working and tangent about the attack the United States of America which was a attack going to the core what our democracy is about the voting process he’s a special counsel was put into place and that has led to dozens of people being indicted people all around the president United States he has led to dozens and dozens of charges and that investigation is ongoing we have seen the president knighted states credibly Accused by his own personal lawyer being an unindicted co-conspirator in all of this we have one judge being chosen who was not on the original list he wasn’t on the Outsource Federal society’s original list he wasn’t on the second version that list he got on to that list after this special investigation got going in other words after the president was in Jeopardy he was added to the list and then the president pulled the one person from wall of that that was added late that would give him and a sent the ability to pick a judge it is already spoken vastly about a president’s ability to be prosecuted about a present ability to dismiss or end navigation that’s the second reason why I’ve asked for us to put a pause on this process fundamental to this this this this nation’s very beliefs should learn Hampstead this powerful and profound at the documents of this country are our founding documents they’re not worth much if the people themselves lose faith in them and I believe the nomination of a judge for all of list of so powerfully speaks two presidents defacto Unity from ongoing investigation prosecution will shake the faith that millions and millions of Americans have in the fairness of the process Ask Judge Cavanaugh time and time again to recuse himself restore that faith will alleviate the concerns of Americans and he has thus far refused to do so now upset about the process and this is not manufactured outrage this is sincere concern for process that seems wrong and it just not objective and fair I am concerned about as my colleague dial a Russian attack on our nation but there’s a lot more going on here that makes this nomination of great concern and it’s frankly some of the things I’ve heard from both sides hearing from individuals and how that relates to a position on the Supreme Court right now and sincere concern in fear I’ve heard them Republicans and Democrats they are fearful about where the Supreme Court is going and what it will do when it has the power to shape laws shape the lives and Liberties for individuals for decades to come talk to workers all for my state all of this nation workers at now working a country where wages are in a 60-year low as a portion of our GDP was Labor protections workers whose labor connections are being diluted and whose unions are under attack so many of those individuals are asking whether the Supreme Court of their lifetimes will be an institution that elevates the Dignity of American workers or one that allows powerful corporate interest to continue to weaken labor protect just happen flea protection that were fought for the people struggle for that some if you know the labor movement actually died for our these labor rights going to become aggravated or they going to become limited further increase the vastus Perry’s of wealth and power in our country we know this we’ve survivors Americans with Disabilities survivors that the views parents beautiful children that happen to have disabilities who because of the Affordable Care Act can no longer be denied coverage because of quote a pre-existing condition there’s a Texas case with that being challenged right now could likely go before The Supreme Court will knowing your record it is right that these Americans so many of them with pre-existing conditions are asking whether the Supreme Court will be an institution that affirms the rights of people with access to healthcare some many people who rightfully believe when they read our founding documents to talk about life liberty and the pursuit of happiness that Healthcare they believe is fundamental we all know too many people has set aside prescription drugs cuz they’re too high cuz it what corporations are doing their people who have put off going to see the doctor because of visit it’s too expensive that is in the balance with this nomination across the state and and Center I told you I was in your state talking to a republican farmer about how the farm country is changing so dramatically the livelihood of so many independent family farmers are being threatened by the validation of large multinational corporation these corporations have a wired so much power does consolidation now from the seeds that they buy the price is going up to who they have the ability to this abuse of corporate consolidation is driving so many farmers out of business uc-1 farmer was telling me about the suicide rates people are saying that this is histrionics this is not life-or-death well I know these things actually are often matter of life or death when uninsurance rate those up when insurance rates go down rather like more people without Healthcare lose your life there’s not one Senator on the Republican side or Democratic not seeing I’ve only been here 5 years change because of Mark money pouring into our political process corrupting our political sausage rigging the system this this nomination will have an effect on that I’ve seen Americans all over this country that I’ve done with centers on the other side will be lint Trap by a broken criminal justice system one that is we know an unassailable e disproportionately Target black and brown Americans were many Americans believe in one famous American said we have a system Two Notch you better if you’re rich and guilty than poor an innocent these issues are in the balance now and everyone who concerned about these issues and more or wondering what the story of America is we we have this greatly Manning King who said The Arc of the moral universe is long but it bends towards Justice there so many Americans who fought for these fundamental rights with family members who they remember Union organizer civil rights activist women’s rights activist who fought for struggle for and die for many of these rights the right for women to make their own medical decisions including the right to an abortion and not a back alley butcher the right of all Americans to marry who they love the right to vote into work free of discrimination regardless of race and the rights of all Americans these are our rights he’s our American rights until we know the app I looked through the record I had access to to see the pattern of your decisions and inside to be assassinated and then refuse to bring your knowledge of the situation is thank you I will tell you it live is serious you know let’s just acknowledge the elephant in the room and that is the fact that there are Rumblings yes Russia’s making a q Nations about opponents white helmets everything else aside is doing the same thing that is the exact formula they always follow before a chemical weapons attack that aside does on his own people what you were seeing is the president saying to arrive on Russia and Assad don’t go there we’re not going to accept it it’s not okay what you’re saying from us and the fact that the security Council wants to talk about it as do not let a chemical weapons attack happen on the people of idlib the people of Syria have been through too much this is a tragic situation and if they want to continue to go the route of taking over Syria they can do that but they cannot do it with him they can’t do it assaulting their people and we’re not going to fall for it if there are chemical weapons that are used we know exactly who’s going to use them and this is the exact same Playbook that Russia and Iran and a side have used every time and opcw has come out and said that we know chemical weapons were used there’s no denying it the only once we were flawed and you can see the Native Americans American black slaves were forts with fractions of human beings as long as the right activist Stokely Carmichael I can only say 3/5 of the word Senator Booker the only reason I stopped at this point is I thought that I would let people go at least as far as Senator Blumenthal I appreciate that I’m a bit of a Trailblazer push up just to three more minutes Selma Seneca Falls activism that I worry right that were gained will roll back an example I have here is there’s an amazing activist here right now miss Carlotta walls Lanier and this linear I thank her for coming today it was 61 years ago on this very day on September 4th 1957 then this linear at the age of 14 face crowd that was shouting racial slur she was jeered and on that day joined eight other students a group that would become known as a Little Rock Nine to try to desegregate an all-white High School in Little Rock Arkansas we know what they did that day was much bigger than a first day of school it was the first major test of the Supreme Court’s Landmark decision the 1954 Brown versus Board of Education decision I’ve been shocked sitting here that there now some judges that Trump has appointed that refused to even say that that’s settled law your people like Miss Lanier who are part of gaining rights in this country advancing the ideals of this nation towards the purity of the ideal for for for the founders despite the imperfections and now the fear in the worry is where the trend of the core doing is rolling back those games undermine that progress is restricting individual rights as the rise of Corporations the rise of dark money the rise of the interest of the powerful and the privileged and the elite in conclusion sir I said this to you in a heart-to-heart moment the last seconds that you were you great you came to my office to meet with me one-on-one which I appreciate it I pointed to the map behind my desk which is the central ward of Newark New Jersey 80 people the low-income Community people still struggling for the fullness in the richness of the promises of America that that’s that’s the concern that I have right now that is what is it steak that’s why I say in conclusion this to me is a profound and historical moment I cannot support your nomination not just because the body of your work but also the perverse process by which this come forward we should not vote now we should wait and if we’re not waiting we should have ject to your nomination thank you thank you mr. chairman I have a 12-minute preamble and 18 minutes of our comments and all seriousness I hope to beat the senator making bang Bray first off to Ashley I know that Margaret lies are gone but you’ve gone through a very difficult day and you’ve held up well to your parents judge Cavanaugh I’ve got a compliment you on your mother composure I’m pretty sure my mother would have been out of the chair by now so I appreciate all that you’ve all you’ve done you’ve obviously raise your son right I think we need to go back in and recognize we were going to be here this show me a Kumbaya moment we had every member on this committee either publicly state or participate at a press conference before the sun had set on the first 24 hours of your nomination that they were going to vote against you now we’re asking all kinds of documents in as a matter of fact I think that the chair has done an extraordinary job he started out on this process for offering acquiring as many as a million documents we determine because of duplication and relevant it was only a half a million and they’ve all been for about it and I’m not an attorney but I am a technologist and I’m also a process person and I know damn well that if you get documentation electronically you can get through it in a matter of hours and for the document that got sent you you know you can get through it in a matter of hours they have plenty of time to get documents that they only need to run to the store because they already know they’re going to vote against you also want to compliment you on your composure you’ve taken a lot of notes and I for one tomorrow again it’s been more my time list into your responses rather than talking over you and try to simplify things into yes no or answers that you know you can’t respond to so I look forward to your testimony tomorrow I get out the hearing was going on there were two things just caught me I’m not doing my prepared statements also met them for the record mr. chair but we’re talking about all this dark money and efforts going on the other side I just got an email from work organizing for Action y’all would know Addison Legacy the campaign of President Obama telling me to oppose you because you’re going to deny Reproductive Rights deny Health Care coverage Advanced climate change in a bad way and gun violence prevent I don’t know nearest much about the institutions of government has to say senator Sasse but I’m pretty sure once you get confirmed on the bench you’re not going to be able to file a bill to do any of that what you may end up doing is finding out we got lazy we didn’t work hard enough and putting some of their concerns to rest press that issue it does President Trump’s tweet has been raised by several centers both Republicans and Democrats in today’s hearing president tweet criticizing Attorney General Sessions in the Department of Justice for prosecuting to currently serving Republican house members was wrong on the facts and wrong on the wrong in the facts and the episode that lead being indicted happened while President Trump was in office not what President Obama was in office and it violates a long-standing president to have the president personally inserting himself into ongoing Federal Criminal investigations suggesting attorney general should not prosecute members of his own party because they endorsed him or are his and his allies are his supporters is a really dangerous precedent and I think it’s appropriate that members of both parties raise this issue I am I think it’s very appropriate for judge Cavanaugh to speak to it and to say that he recognizes the unprecedented time and context in which were operating he recognizes that we have a president who has engaged in Behavior legitimate concern to members of this committee as we try and consider his nomination other questions thank you very much and I hope that people are actually taking time to look at the single most important factor in your resume it’s not me where you went to school I guess that’s good it’s not maybe where you pee what is the 307 different opinions you can read in The Descent you can read Spar on the basis of your legal knowledge those of you want to prove to be the smartest lawyer in the room and see if you can actually prove a better theory that may actually give judge but that’s not what this here it’s been about and I’m so glad that I’m one of the last people to do an opening statement because what I hope I hear tomorrow and by the way just from the process standpoint they have 30 brownswitch and Senate time it’s about an hour-and-a-half remember tomorrow and everybody take time to actually talk about legal Theory stop the theater and start talking don’t really meaningful here and I think if we do that I have every confidence judge cab and all you’re going to be just as Cavanaugh and I’m proud actually see you compose yourself the way you have today I’ll be asking you several questions on some judgements it frankly I didn’t like but I know you probably made the right decision and I believe it when you get confirmed to the bench you’re actually going to take some other opinions that I don’t like because it’s what I wished you could do for me because we felt it done here but it will be done for the right reasons and I think if people objectively look at your record they’re going to be hard pressed to take all this theater we’ve heard today and boil it down into something that makes you look like you’re an activist judge just waiting to be one of them cursive that nine-member legislative branch down the street I think you’re one of the single greatest opportunity great opportunities that we have to make the Supreme Court make us do our job and the rain and the Dangerously amount of authority that are administrative Branch ass and that’s all I want you to do and I look forward to asking you questions tomorrow I owe back the rest of my time at the senator Graham has joined just rejoined I think he was here before me is more senior okay great so thank you mr. chairman I’d like to restate my objection from earlier for the record which is my motion to postpone his hearing number of comments have been made by my honored and respected colleagues I’d like to address a few with them one there was some mention of a concern about Elena kagan’s hearing and that White House at the time there was an agreement that those certain records are sensitive and should therefore not be disclosed it’s my understanding that is a point of distinction between that time and today that those were Active cases in the white house and for that so there was an understanding and agreement that they were of the sensitive nature and should not be disclosed in terms of the point that has been made about playing politics and blaming the Supreme Court I think that we have to go pause when those kinds of concerns are expressed to also think about the fact that there been many a political campaign that has been run indicating and intention to use the United States Supreme Court as a political tool to end things like the Affordable Care Act the Voting Rights Act in campaign Finance reform which makes this conversation illegitimate one in terms of a reason concern about whether this nominee has been nominated to fulfill the political agenda as it relates to using that cord and the use of that Court as it relates to the 42,000 documents or 42,000 pages of documents I find it interesting that we those documents less than 24 hours before this hearing is scheduled to begin but it took 57 days for those documents to be vetted before we would even be giving those documents so there’s some suggestion that we should speed readers and read 42 Pages 42,000 pages of documents about 15 hours when it took the other side 57 days to review those same documents so the logic at least on the map not applying now the chairman has requested 10% of the nominees documents that’s 10% of 100% of his full record the nominees personal lawyer has only given us 10% of his documents 7 out of 100% of the full record Republicans have only given 4% of these records or made them public that’s 4% of 100% of a full record 96% of his record is missing 96% of his record is missing it is reasonable it is reasonable that we should want to review his info higher record and then we can debate Among Us the relevance of what is in his record to his nomination but it should not be the ability of this the leadership of this committee to unilaterally make decisions about we what we will and will not see in terms of its admissibility instead of arguing about the weight of whatever is made in miscible the late Senator Kennedy of Massachusetts call these hair Supreme Court nominees quote job interview with the American people and by that standard the nominee before us is coming into his job interview with more than 90% of his background hittin I would think that anyone who wanted to sit on the nation’s highest court would be proud of their record and Woodmont the American people to see it I would think that anyone privileged to be nominated to the Supreme Court of the United States would want to be confirmed in a process that is not under a cloud that respect due process I would think that anyone nominee the Supreme Court of the United States would want to have a hearing that is characterized by transparency and fairness and integrity and not shrouded by uncertainty and suspicions and concealment and doubt we should not be moving forward with this hearing the American people deserve better than this so just Kavanaugh’s most of us know and I will mention to you and and you had young children and and I and I know they’re very proud of you and I know you are a great parents and and I applaud all that you have done in the community and so as you know is we all know this is a week when most students in our country go back to and it occurs to me that many years ago right around this time I was starting kindergarten and I was a bus in a bus a school bus on my way to Thousand Oaks Elementary as part of the second class of students as busing desegregated Berkeley California Public Schools this was decades after the Supreme Court ruled Brown V Board of Education that step was inherently unequal and as I said many times has chief justice Earl Warren not been on the Supreme Court of the United States he could not have led a unanimous decision and the out come down the back case may have been very different had that decision not come down the way it did I may not have had the opportunities that allowed me to become a lawyer or prosecutor I likely would not have been did district attorney of San Francisco where the Attorney General of California and I most certainly would not be sitting here as a member of the United States Senate so for me a supreme court seat is not only about academic issues of leave precedent or Judicial philosophy it is personal when we talk about our nation’s highest court and the men and women who sit on it we’re talking about the impact that one individual on that core can have impact on people you’ll never meet and whose names you will never know whether a person can exercise their constitutional right to cast a ballot that maybe decided if judge have enough it’s on that court whether a woman with breast cancer can afford Healthcare or is Forest off life-saving treatment whether it gay or transgender worker is treated with dignity or may be treated as a second-class it whether a young woman who got pregnant at 15 is forced to give birth or in desperation go to a back alley for an abortion whether a president of the United States and be held countable or whether he’ll be above the law all of this may come down to judge Cavanaugh’s vote and that’s what’s at stake in this nomination and the stakes are even higher because of the moment we’re in and many of us have discussed this these are unprecedented times as others have already observed less than 2 weeks ago the president’s personal lawyer and campaign chairman rich found guilty or pleaded guilty to eight felonies the president’s personal lawyer under oath declared that the president directed him to commit a federal crime get that same president is racing to a point to a lifetime position on the highest court in our land of court that very well may decide his legal fate and yes essentially what confirming judge Kavanagh could mean so it is important more important I say than ever that the American people have transparency and accountability with this nomination that’s why it is extremely disturbing that Senate Republicans have prevented this body and most important the American people from fully reviewing judge Kavanaugh’s record and have disregarded just about new tradition and practice that I heard so much about before I arrived in this place just having our when you and I met in my office you said with respect to judicial decisions that rushed stations are often bad decisions I agree with you I agree with you and when we are talking about who will sit on the Supreme Court of the United States I believe you’re playing couldn’t be more important he expressed his belief that a judge must be independent must interpret the law and not make law but in reviewing does nominees background I am deeply concerned that what guys him is not Independence are in partiality it’s not even ideology I was suggested is not even ideology what I believe guides him what his record that we’ve been able to see shows is what guides this nominee is partisanship this nominee has devoted his entire career to a Conservative Republican agenda helping to spearhead a partisan investigate President Clinton helping George W Bush’s legal team ensure that every vote was not counted in Bush V Gore helping to confirm partisan judges and enact partisan laws of part of the Bush White House and then all of these efforts he has shown that he seeks to win at all costs even if that means pushing the envelope and if we look at his record on the DC circuit and in his recent right and statements it is clear that the nominee has brought his political bias to the bench is carried out deeply conservative partisan agendas as part as a judge favoring big business over ordinary Americans looters over Marin water and the powerful over the vulnerable just last year just having upraised The Descent in Roe v Wade and ruled against a scared seventeen-year-old girl seeking to end her pregnancy he is regarded the Supreme Court precedent to argue that undocumented workers weren’t really employees under our labor laws we have witnessed horrific mass shootings from Parkland to Las Vegas to Jacksonville Florida yet Kevin I have gone further than the Supreme Court and has written that because assault weapons are quote in common use assault weapons and high-capacity magazines cannot be banned under the 2nd Amendment when he was part of an independent counsel investigation into the Democratic president the nominee was jogging and demanding answers and yet he has since changed his tune arguing that present should not be investigated or held accountable the position that I am sure it is not lost on this President these positions are not impartial they are partisan judge Neil Gorsuch judge classmate and sister before this committee that judges are not merely quote politicians and robes I fear they judge Cavanaugh’s record indicates that is exactly what he may very well be now I know members of committee and the nominees friends and colleagues have a shortest that he is devoted to his family and supportive of his law clerks and volunteers and his community and I don’t doubt that at all but that’s not why we are here I rather that we think about this caring in the context of the Supreme Court of the United States and the impact it will have on generations of Americans to come and do we want that Court to continue a legacy of being above politics and unbiased or are we prepared to participate in a process that is Tainted and that leaves the American public questioning the Integrity of this process and I’ll close by saying this we have a system of justice that is symbolized by a statue of a woman holding scales and she wears a blindfold Justice Way is a blindfold because we have said in the United States of America under our Judicial System Justice should be blind to a person’s status we had said that in our system of justice justice should be blind to how much money as to what you look like or who you love to who your parents are and the language they speak and every Supreme Court Justice must understand and uphold that idea and sir should those cases become become before you just have an I am concerned whether you would treat every American equally or instead show allegiance to the political party and the conservative agenda that has shaped and built your career I am concerned your loyalty would be to the president who appointed you and not to the Constitution of the United States these concerns I hope you will answer during the call this hearing I believe the American people have a right to have these concerns I also believe the American public has a right to full and candid answers to the questions that are presented to you during the course of this hearing be paying course very close attention to your testimony and I think you know the American public will be paying very close attention to your testimony thank you but don’t forget we’re going to hear from the nominee and is introducers before you can go home and go to bed okay thank you I was going to ask you to take me to dinner but that’s not going to happen that’s right so do my colleagues on the other side look forward to working with you but we have a different deer blind as to what’s going on here you can’t say nothing I guess where did he come from he was Ted Kennedy Senate Judiciary person where do you think Republicans are going to go find a judge the whole argument is you can be a Conservative Republican president but you got to nominate a liberal to be fair to the country that’s absurd what do you think Ruth Bader Ginsburg came from she was a general counsel of the ACLU wonderful person what groups do call used to pick from this is shaping up to be the hypocrisy hearing and that’s hard to do in the Senate and today’s time to be hypocritical but let me just point the few of these things Clinton it didn’t bother anybody for Clinton to nominate Breyer while he was under investigation we actually did it did bother any of y’all at Ted Kennedy staff person was his pick it didn’t bother me either because that’s what I expect you to pick this is ridiculous you’re one of the best choices any Republican could make as I said with just Justice korsak I am glad you’re here because there were days I’m wondering who you would have bent and this is a homerun for my point of view let’s talk about Roe v Wade who would ever play Politics on the campaign Trail will Roe v Wade what a bastard Donald Trump is until you hear about Hillary Clinton February 3rd 2016 Clint said when asked is she have a litmus test for scotus nomination Supreme Court nominees I do have a litmus test I have a bunch of litmus test cost the next president could get as many as three appointments I hope she’s right we’ve got to make sure to preserve Roe v Wade not let it be nibbled away or repealed she sells very open-minded October 2016 we need a supreme court that will stand up on behalf of women’s rights it is important that we not reverse Roe v Wade I want to surpreme court that will stick with Roe v Wade and a woman’s right to choose I understand where she’s coming from anybody running for president I dare you to disagree with her you’ll wind up like I did getting 1% if you even suggest that you will pick a nominee that’s not going to uphold Roe v Wade that’s the end of you but you figured you don’t need me today so this is the way we do politics this is a big decision Kohlrabi wait there two sides in a bunch of nuances here’s what I know about you you going to take it as president which I will never be and you’re going to tell us what it takes over turn long-standing president nobody on this side will care if you overturn citizens united matter fact they will cheer you on somebody will challenge citizen you’re not in you’ll probably say let me hear both sides of the story and I’ll tell you whether or not I should uphold it so Hillary Clinton we know where she’s at and that’s just the way it is now what are the things executive power this idea that Trump pick do to save him amazing concept since you said what you said back in 1998 and 2008 the bottom line is when Clinton was being impeached my good friend in this is true he is my good friend on February 12th 1999 introduced into the record during the deliberations of the Clinton impeached trial and article by Brett Kavanaugh suggesting that you should wait if there is an indictment until after the president is out of office the same concept we’re talking about here today when the shoe was on the other foot here’s what Joe said about your thinking the Press is not simply another individual he is unique is the embodiment of the federal government and the head of a the party if he has to be removed the entire government likely would suffer in the military or Economic Consequences to the nation could be severe these repercussions that they are darker should not result from the Judgment of a single prosecutor whether it be there turning special counsel and a single Journey jury prosecution a non prosecution of President is in short inevitable unavoidably a political act as the Constitution suggest the decision about the present while office should be made for all great National political judgements in our country should be made in the Congress of the United States according to Joe Biden the gift that keeps on giving for us I think that’s pretty hypocritical during the Clinton days you were right but all of a sudden you’re a danger to The Republic let’s talk about there so many how many minutes do I have here the bottom line is exceed what white how I will not guns somehow you’re going to make sure that Congress the bottom line on guns at is a wonderful lady and has passion on this issue about assault weapons she was able to succeed politically after 10 years the gun assault weapons ban expired and it’s been hard to get it reestablished she introduced legislation in 2013 they got 60 no votes 16 Democrats so I don’t believe they see you as a threat to the nation if you come out on the idea that the 2nd Amendment some meaning and other words the political process when it comes to guns is a work-in-progress and I’d rather us decide that then you when it comes to the pillar of virtue call me Harry Reid that he’s been a supporter coming and led the fight to get him confirmed I believe call me was a principal public servant with the deepest regret I now see that I was wrong mr. Nadler from New York the president can fire him for causing ought to be violated all the guy signs and put his thumb on the scale of an election mr. Cohen from Tennessee a Democrat call him call me to resign his position effective immediately I’m sure upon reflection of this act he will submit his letter of resignation to the nation’s good to my Democratic friends you’re all for getting rid of this guy now all of a sudden two countries turning upside down calls Trump dip there’s a process to find out what in the 2016 election just called mr. Mueller and I will do everything I can to make sure he finishes his job without political interference and I’m here to tell anybody in the country who listens that this is so hypocritical of my friends on the other side when it was their present Kevin all was right when you’re talking about Roe v Wade it’s okay to promise the nation it will never be overturned it so okay to pick a democratic staff member of this committee but it’s not okay to pick somebody who’s been a lifelong Republican people see through this you had a chance and you lost if you were judges from your way of thinking then you better win an election I voted for two of your choices Sotomayor and Kagan got a lot of crap I would suggest you think long and hard if you got a political ambition of voting for this guy cuz it will not play well on your side and why did I do it I thought they were qualified by any reasonable measure given the history of the Senate but we have turn the history of the send it upside down I found that they were different and I would have picked so tomorrow and taking but by any reasonable measure their qualified you’ve been on the court for 12 years you’ve had 307 decisions you’ve been approved before so I hope he the country understand this game is a game that I am sad to be part of is gotten really bad the antidote to our problems in this country when it comes to judges and Paula 6 is not to deny you a place on the Supreme Court this is exactly where you need to be this is exactly the time you need to be there and I am telling president Trump you do some things that drive me crazy you do some great things you have never done anything better in my view then to pick Corsican Cavanaugh cuz you had an opportunity to put well-qualified conservatives on the court men’s steeped in the rule of law apply an hour is not politics or the decision-making and you knocked it out of the part into my friends on the other side you can’t lose the election and pick judges do you want to pick judges you better win let me tell you what let me tell everybody what the rest of the day holds for you can take a break now that we had originally scheduled for 15 minutes the people are going to introduce you so if your staff will watch and we get done in less than 15 minutes I’d like to start just soon as the table is said so we’ll take a 15-minute break now and then we have the introducers and then we will give he owes to the nominee and then we will hear the statement from the nominee and then we will adjourn until 9:30 tomorrow morning and tomorrow morning my my Approach is going to be the same for the 30 minutes as it would be for the five minutes that we normally have and just so otherwise normal hearing and that is that if you got one second left that you can ask a question but don’t take all day ask a question and I hope you can give a short answer if their time is up but then we will then we will we’ll move on to the next person so I want tomorrow not to happen maybe I better speak to myself I’m not going to let happen tomorrow but I shouldn’t have that happened today because I’ve been instructing people that run committees either you run the committee or it runs you and you guys have been very successful today running the committee I don’t want it to happen tomorrow take your take your time sir or I mean until we get the table set I believe that those institutions will be fair and just and secure the rights of citizens the strength of America’s institutions is the cause for optimism but they cannot be taken for granted the Supreme Court special role in protecting the careful balances that the constitution seeks to achieve is crucial to our Democratic stability this is true even if I’m some customers change and it is more important with every passing year in our increasingly complicated Nation as a little girl born in segregated Birmingham Alabama who grew up to be Secretary of State I know personally are country’s long journey to guarantee equal rights I know the power of the Constitution and I know the gift of our democracy the Supreme Court is a crucial Guardian both of our Constitution and of our democracy that is why I am so honored to introduce Brett Kavanaugh through these hearings he will be an outstanding Supreme Court Justice his intellect is unquestioned is judgment is highly regarded and I can personally attest to his character and integrity as a colleague Brookhaven I will thoroughly Faithfully oppose the trust that is our heritage the Constitution of the United States of America the most remarkable governing document in human history thank you Schnauzer are calling center Department ranking member Feinstein and colleagues on this committee on the Republican and Democratic side it’s a privilege to join Condi rice and Lisa blad here this afternoon introducing a friend I have known Brett and his wife Ashley since before they were married and I had the opportunity to work with Brett and during his service in the George W bush White House srk Rice’s just said very well those of us who work with them universally praise his work ethic is intelligence and his Integrity I visit with George W bush a few days ago and we talked about Brett put it simply is a Class Act in endorsing Brett former lawyer to President Bill Clinton Bob Bennett called him a strong advocate of decency and civility by the way of all the attributes you look for in a judge what could be more important than good judgment Brett definitely showed good judgment in marrying Ashley so did she and our great family that’s wonderful have their daughters and Liza with this here today Brett’s parents Edward and Martha are also here that’s especially appropriate since Brett’s first introduction to the law came from listening to his mom practice closing arguments at the dinner table she was a Trailblazer he went to law school at age 34 and eventually became a trial judge said to him Martha Kavanaugh will always be the true judge Capital during the process and it will be more spirited discussions about to Brett’s legal philosophy his experience and background as a lawyer in a judge I’ve heard quite a bit already today and there should be just discussion this is about a lifetime appointment to the highest court in the land in my view there is not a better qualified person to be on that Court just last Friday the American Bar Association gave judge Cavanaugh a unanimous well-qualified rating which is the high reading they offer unanimous I saw how he conducted himself as associate counsel to the president in the White House counsel’s Office the job I once had in the first Bush White House and I have watched him for the past 12 on the DC circuit where you guys been praised as Fair smart and independent is author more than 300 published opinions and impressive number in the Supreme Court has adopted his reasoning 13 times a testament to his thoughtful and well-reasoned decisions in a record that few if any other appellate judges can match again no one more qualified for more than a decade also taught classes at Harvard Yale and Georgetown law schools he’s a well-respected judge and a well-respected professor and a thought leader among his peers that’s why so many of his former students is La Clerk’s is judicial colleagues and legal Scholars by the way from across the political Spectrum have come out in support of his nomination does cavanal is Guided by the and by the rule of law he has said the judges job is to interpret the law not to make the law or make policy I agree and by the way as do most of the people we represent judges movie legislating From the Bench clearly has the right qualifications and he has a Judicial philosophy that is very much in the mainstream just as important to me as the kind of person you want on the Supreme Court I have known Brett not so much as a legal scholar or judge or Professor but it’s a friend a father and a husband he’s thoughtful and compassionate and someone was a big heart and Melody to listen to me that might be the single most important attribute for a member of the Supreme Court the humility to listen throughout this confirmation hearing I hope the American people will get to know the rec having all I’ve had the privilege of couple days after he was an ounce bread came to my office one evening to discuss his confirmation just as he’s been to your offices he then went straight from our meeting to serve dinner to the homeless through his church or regular what’s that was long schedule schedule long before his nomination I only found out about it because that night someone recognized him and took a photo that got tweeted it was a photo of him and a baseball cap soup kitchen is classic Brett that he didn’t tell me this was where he was going after meeting with me to my colleagues I know the man he does things because it’s the right thing to that’s also involved just so you know in his daughter’s sports teams last season Margaret 6th grade girls basketball team he coached had an undefeated season and went on to win a Citywide championship to show you where his priorities are judge Cavanagh or Coach K as he is known by his players has the team photograph and trophy probably displayed in his judicial Chambers Julia O’Brien his daughter goes to school with Margaret has another telling story about Brett a few years ago Julie’s husband passed away with no one to accompany her daughter to the annual father-daughter dance breast that year and every year since Brett has taken her daughter alongside his own to the dance it’s kind of person he is that’s the Brett Kavanaugh I know I’m proud dinner Brett Kavanaugh before this committee and I’m proud to strongly support his nomination to be the next associate Justice of the United States Supreme Court I know these are partisan times here in Washington but this is an extraordinary nominate in every respect based on his record his qualifications and his character I believe he deserves broad support I hope mr. Chow is it as was the case with Justice Sotomayor and Kagan nominated by President Obama this committee report his nomination favorably and the full Senate will confirm him with a strong bipartisan vote that he deserves thank you my collie Miss Lisa Blatt thank you mr. chairman and committee members it is a privilege to appear before you today my name is Lisa Blatt I know judge Cavanaugh in my capacity as an appellate lawyer here in Washington I have argued 35 cases before The Supreme Court of the United States more than any other woman in history I’m also a liberal Democrat and a nun apologetic defender of a woman’s right to choose my hero is Justice Ruth Bader Ginsburg for whom I had the great Fortune of serving as a lot clerk I probably voted for Hillary Clinton I voted for President Obama twice and with my apologies mr. chairman for this one I wish Senator Feinstein we’re sharing this committee and yet I’m here today to introduce judge Cavanaugh and urged the Senate to confirm him is the next associate Justice of the Supreme Court I’ve received many angry calls from friends and even strangers for supporting judge Cavanaugh but I was raised to call it like I see it and I don’t see the choice before you as difficult by any of did measure judge kabataan is clearly qualified to serve on the Supreme Court after law school he clerk for Justice Anthony Kennedy the Justice he was succeed he spent 12 years on the nation’s most prestigious court of appeals United States Court of Appeals the District of Columbia circuit opinions are invariably thoughtful and fair and many are known as instant Classics not just because they are important but because they are written so clearly and well the Supreme Court is a the reasoning in his opinions more than a dozen times judicial temperament and integrity are also Flawless he is meticulously prepared and he treats litigants with respect asking probing questions about besides he approaches judging by determining what the law requires no matter his personal preference at the nation’s top law schools published review articles and co-author deleting Treatise on judicial precedent and it’s just mentioned the ABA strongly endorsed him because quote he makes the very highest standards of Integrity professional competence and judicial temperament on a personal level I just can’t say enough nice things about the judge I first met him almost 10 years ago when he emailed me completely out-of-the-blue to say that he liked an article I had written about arguing before The Supreme Court since then we’ve become friends and he has become a mentor to me and my career judge Kavanaugh has spent countless hours listening to me talk about the challenges I have faced as a working mother in a profession dominated by men he has been a great source of advice on these and many other issues about work-life balance he understands life is not always perfect and he responds to life challenges with a self-deprecating sense of humor more generally just Cavanaugh has been remarkably committed to promoting women in the legal profession more than half is text Ben women something that is sadly by no means common and almost all of his Clark’s women and men have gone to clerk at the Supreme Court including for Justice Kagan and Sotomayor as his former women walk this committee profession is quote fair and more equal because of Judge Kavanagh he’s Mentor countless other women through the classes he teaches at Yale and Harvard law schools obviously I know that judge Cavanaugh has a conservative judicial Outlook and if he is confirmed he will have one of nine votes to definitively decide the meaning of the Constitution including just how far to read it to protect the Reproductive Rights rights of women that if it were up to me Ginsberg would have all nine boats but that’s not our system and the reality is that the presidency and the Senate are in Republican hands judge Cavanaugh is the best choice that liberals could reasonably for any circumstances I am sure that some members of the Senate knew that they would disagree with Justice Ginsburg legal to use when she was a nominee but Justice Ginsburg was confirmed 96 to 3 this body has she treated some nominees differently since then to the detriment of our courts I strongly disagree with the Senate’s treatment of Judge Garland judge himself spoke glowingly of Judge Garland during his pending nomination stating that chief judge Carlin is a brilliant jurist he’s thoughtful he’s considerate he’s collegial he works well with others he’s a good man great integrity and he is supremely qualified by the objective characteristics of experience temperament riding a police car liability for the Supreme Court all of this is equally true of Judge Cavanaugh I do not think it is fair to hold judge cavanal responsible for the fact that judge Carlin is not at Justice today instead urge this committee to treat him as we expect him to treat litigants that appear before him on his own merits and with an open mind toward someone whose views May differ from our own our judicial system is not well serve buy tit-for-tat politics at the end of the day I enthusiastically support judge Kavanagh and I am proud to introduce him because he is unquestionably qualified by his extraordinary intellect experience and temperament and he does easily fit within the mainstream of legal thought I look forward to the committee over the next few days getting to know the judge cabin all that I know and at the end of that process I hope you will agree that he should be confirmed to succeed his former boss on the Supreme Court thank you Miss Black thanks each of the panel for their introduction and you’re dismissed now and then judge Cavanaugh can you shake your head I was told that you might want five right now do you need that okay then then just stay just stay seated till we change the table a little bit and then we’ll get to you judge Kavanaugh that the testimony you’re about to give before this committee will be the truth the whole truth and nothing but the truth so help you God I do thank you proceed with your statement or anything else that you want to tell the committee right now thank you mr. chairman Center Feinstein members of the committee I think secretary rice Center Portman and Lisa Blatt for their generous introductions they are patriots who represent the best of America I’m humbled by their confidence I’m proud to call each of them a friend over the past eight weeks I’ve witnessed firsthand the Senate’s deep appreciation for the vital role of the American Judiciary I have met with 65 Senators including almost everyday for this committee those meetings are sometimes referred to as courtesy calls but that term understates how substantiv and personal our discussions have been I’ve greatly enjoy all 65 meetings and listening to all of you I have learned more about our country and the people you represent every Senator is devoted to public service in the public good and I thank all the Senators for their time and their thoughts I think president Trump for the honor of this nomination as a judge and as a citizen I was deeply impressed by the presidents careful attention to the nomination process and buy a thorough consideration of potential nominees I’m also very grateful for his courtesy at the White House on the the announcement the president and mrs. Trump were very gracious to my daughters my wife and my parents my family always cherish that night or is my daughter Liza calls it her debut on national television as a nominee to the Supreme Court I understand the responsibilities I bare some 30 there’s gold judge Anthony Kennedy sat in this seat he became one of the most consequential justices in American history I served as is law clerk in 1993 to me Justice Kennedy’s a mentor a friend and a hero as a member of the Court he was a model of Civility and collegiality he fiercely defended the independence of the Judiciary and he was a champion of Liberty if you had a some of Justice Kennedy’s entire career in one word Liberty Justice Kennedy established a legacy of liberty for ourselves and our posterity I’m here today with another of my judicial Hero’s my mom 50 years ago this week in September 1968 my mom was 26 and I was three at that time my mom started as a public school teacher at McKinley Tech High School here in Washington DC 1968 was a difficult time for race relations in our city and our country McKinley Tech had an almost entirely African American student body it was east of the park I vividly remember days as a young boy sitting in the back of my mom’s classroom and she taught American history to a class of African-American teenagers her students were born before Brown vs. Board of Education Haitian or bowling versus sharp by her example my mom taught me the importance of equality for all Americans equal rights equal dignity and equal justice under law my mom was a Trailblazer when I was 10 she went to law school at American University and became a prosecutor I’m an only child in my introduction to law came and our dinner table when she practiced her closing arguments my dad and me for trademark line was use your common sense what Rings true what Rings false one of the few women Prosecutor’s at the time she overcame Warriors and was later appointed by Democratic Governors to serve as a Maryland state trial judge are federal and state trial judges serve on the front lines of American Justice my mom talked the judges don’t deal an abstract principles they decide for real cases for real people in the real world and she taught me that good judges must always stand in the shoes of others the chairman referred to me today is Judge Kavanagh but to me that title always belong to my mom for 12 years I’ve been a judge on the US court of appeals for the DC circuit I’ve written more than 300 opinions and handled more than 2,000 cases I have given it my all in every case I am proud of that body of work and I stand behind it I tell people don’t read about my judicial opinions read the opinions I’ve served with 17 other judges each of them a colleague and a friend on a call now led by are superb chief judge Merrick Garland my Judicial philosophy of straightforward adjudge must be independent and must interpret the law not make the law a judge must interpret statutes has written a judge must interpret the Constitution as written informed by history and tradition and precedent in deciding cases of judgment always keep in mind what Alexander Hamilton said in Federalist 83 the rules of legal interpretation are rules of Common Sense a good judge must be an Umpire a neutral and impartial Arbiter who favors no litigant or policy as Justice Kennedy explained in Texas versus Johnson one of his greatest opinions judges do not make decisions to reach him results judges make decisions because the law and the Constitution as we see them compel the results over the past 12 years I’ve ruled sometimes for the prosecution and sometimes for criminal defendants sometimes for workers and sometimes for businesses sometimes for environmentalist and sometimes for coal miners in each case follow the law I do not decide cases based on personal or policy preferences I am not a pro plaintiff or Pro defendant judge I’m not a pro prosecution or Pro defense judge I am a pro wall judge is Justice Kennedy showed us a judge must be independent not swayed by public pressure are independent Judiciary is the crown jewel of our to show Republic in our independent Judiciary the Supreme Court as the last line of defense for the separation of powers and for the rights and Liberties guaranteed by the Constitution the Supreme Court must never never be viewed as a partisan institution the justices on the Supreme Court to not sit on opposite sides of an aisle they do not circus in separate rooms if confirm to the Supreme Court I would be part of a team of nine committed to deciding cases according to the Constitution and laws of the United States I would always strive to be a team player on the team of nine throughout my life I’ve tried to serve the common good in keeping with my Jesuit High School’s motto men for others I spent my career in public service I have tutored at Washington Jesuit Academy a rigorous tuition free school for boys from low-income families at Catholic Charities at 10th and g i serve meals the homeless with my friend Father John enzler in those works I keep in mind the message of Matthew 25 and try to serve the least fortunate Among Us I know I fall short of times but I always want to do more and do better for the past 7 years I’ve coach my daughter’s basketball teams I love coaching all the girls I’ve coached awesome and special congratulations to the girls on this year’s 6th grade CYO championship team Anna Quinn Kelsey Shani Chloe Alex Ava Sophia Margaret I love helping the girls grow into confident players I know the confidence on the basketball court translates into confidence and other aspects of life Title 9 help to make girls and women’s sports equal and I see that laws Legacy every night when I walk into my house as my daughters are getting back from LaCrosse or basketball hockey practice I know from my own life that those who teach and coach America’s youth are among the most influential people in our country with a kind word here and a hint of income is there a word of discipline delivered in the spirit of Love teachers and coaches change lives I thank all my teachers and coaches who got me to this point and I think all the teachers and coaches throughout them as a judge I thought the Train the next generation of lawyers and leaders for 12 years I’ve taught constitutional law to hundreds of students primarily at Harvard I teach that the constitution separation of powers protects individual liberty I’m grateful to all my students I have learned so much from them and I’m especially grape the dean who first hired me now Justice Elena Kagan one of the best parts of my job is a judge’s each year hiring for recent law school graduates to service my law clerks for the year I hire the best my wall clerks come from diverse backgrounds and points of you a majority of my 48 law clerks have been winning more than a quarter of my law clerks have been minorities I’ve had four more African-American law clerks than the percentage of African-American students in US law schools I am proud of all my law clerks I’m grateful for my friends this past may I delivered the commencement address at Catholic University law school I gave the graduates this advice cherish your friends look out for your friend’s lift up your friends loved your friends over the last 8 weeks I’ve been strengthened by the love of my friends and I thank all my friends I’m grateful that my family behind me my mom right Lee gets a lot of attention but a few words about my dad he has an unparalleled work ethic gift for making friends with people regardless of who they are or where they come from my dad and I are both passionate sports fans when I was 7 he took me to the 1972 NFC championship game at RFK Stadium just miles from here Upper Deck section 503 Row 3 seats eight and nine when I was 17 we sat in the same seats for the 1982 NFC Championship Game 1995 when I was 30 we are Camden Yards together when Cal Ripken played it is 2130 first consecutive game and broke Lou Gehrig’s seemingly unbreakable record and so many other games of my dad a lifetime of Friendship Ford stand Stadium seats over hot dogs and beer my daughter is more than lies I’ll be in and out of this here come over the next few days they are strong girls dedicated students outstanding athletes in the time since you last saw them at the White House ceremony on July 9th I’m pleased to report did Margaret got her braces off and it’s turned 13 Margaret is the sweetest girl you’ll ever know as for Liza I tell her every night that I want to give us a better hug then Liza Cavanaugh finally I think my wife Ashley she’s a strong West Texan a graduate of Abilene Cooper public high school in the University of Texas at Austin she’s now the popular Town manager of our local community this is not exactly been the summer she had plans for the family but I’m grateful for her love and inspiration Ashley is a kind soul she always sees the goodness in others she’s made me a better person and a better judge I thank God everyday for my family mr. chairman terrifying son members of the committee I look forward to the rest of the hearing and answering your questions I am an odd I live on the sunrise Side of the Mountain not the sunset Side of the Mountain I see the day that is coming not the day that has gone I am optimistic about future of America I am optimistic about the future of our independent Judiciary I Revere the Constitution it confirmed the Supreme Court I will keep an open mind in every case I will do equal right to the pour into the rich I will always strive to preserve the Constitution of the United States in the American rule of law thank you mr. chairman if you judge Cavanaugh I have something I want to say to the committee but before that we’ve been here approximately 8 hours you had a lot to hear today Listen to I think it’s very noteworthy that no one has seriously questioned your qualifications to receive a promotion to the nearest nation’s highest court and they’ve learned a lot about you being an exceptional teacher coach volunteer and dad in addition to being an exceptional judge so I thank you very much for your statement questions for the record are due Monday September the 10th at noon will notice judge Cavanaugh’s mark up meeting for Thursday September 13th this time line is consistent with how we handled past Supreme Court nominations I want everybody to know that right now so that members and their staff can be working on written questions throughout the week where that will recess until tomorrow morning at 9:30 when we will start the first round of questions again each Senator will have 30 minutes for the first round of questions and I intend to go like we have was Gorsuch that people will have a chance to ask a question they want to ask but we start out the 30 minutes in the 20-minute second-round so everybody’s going to have a chance for 50-minute crack at this strong judge meeting adjournedJudge Brett M. Kavanaugh, President Trump’s nominee to the Supreme Court, is appearing before the Senate Judiciary Committee for the first day of his confirmation hearing.
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