what was maizie hironos question to kavanaugh re indigenous peoples
WASHINGTON — As questioning of Supreme Court nominee Brett Kavanaugh resumes for a 2d mean solar day, Autonomous senators are likely to press him on a plethora of open questions left hanging from yesterday's approximately 13-60 minutes hearing, but privately at that place are still few doubts Kavanaugh is on rails to exist confirmed.
From the beginning to the cease of the questioning yesterday, Autonomous senators were able to raise unpopular strains in the nominee's legal thinking and questions about his personal history that appeared to deeply unsettle the nominee. All the same, in at least ii sets of inquiries yesterday, the Democrats left these lines of inquiry substantially unresolved.
Sen. Kamala Harris, D-Calif., set the hearing room abuzz last night with a line of intense questioning about whether Kavanaugh had discussed special counsel Robert Mueller or his investigation with anyone at the firm of Kasowitz Benson Torres, which was founded by President Trump'due south long-time lawyer Marc Kasowitz. The line of questioning appeared to take Kavanaugh aback. He admitted that he had discussed the special counsel'southward investigation with fellow judges and others, and suggested he'd demand a list of everyone who worked at the Kasowitz business firm to rule out the possibility he'd spoken with ane of them about it.
Kavanaugh repeatedly probed Harris for specifics on who she was asking about, merely she refused to provide further information and eventually moved on. While Harris'due south questioning and Kavanaugh'south stunned reaction provided drama at the stop of the twenty-four hour period'due south proceedings, observers were left without articulate answers nigh what had prompted it.
A Democratic aide who requested anonymity to share farther details said, "We have reason to believe that a conversation happened, and are continuing to pursue it."
Earlier in the day, Sen. Patrick Leahy, D- Vt., had raised questions almost Kavanaugh's interest in the Senate email hacking scandal in the early years of George Westward. Bush-league's presidency. That scandal involved Republican staffers on the Senate Judiciary Commission breaking into the private files of Democrats on the committee and passing information to the Bush-league White House to aid confirm its nominees.
Kavanaugh has testified that, to his knowledge, he never received or benefited from the stolen documents. Leahy showed some emails that suggested Kavanaugh had, in fact, received some of this material, including one referring to "intel" about what Leahy would inquire about i of Bush'south nominees.
Still, none of the emails made public demonstrated that Kavanaugh knew the provenance of the data. On Midweek, that line of questioning concluded when Leahy said more documents are existence withheld from the public as "committee confidential" that prove Kavanaugh's knowing involvement, and Leahy expects Chairman Chuck Grassley to make those documents public today.
Kavanaugh showed throughout the day that he is well practiced at turning away aggressive questioning, and those skills never betrayed him. His demeanor may accept made him seem at times like a human with something to hibernate, only it's unclear if Democratic senators have the goods on what, if anything, that could be.
Another open question came from retiring Republican Sen. Jeff Flake, who raised President Trump's set on on the independence of the Justice Department with Kavanaugh. First, Flake read a tweet Trump posted before this calendar week attacking Chaser Full general Jeff Sessions and the Justice Section for prosecuting two Republican congressmen and jeopardizing their chances of reelection.
Flake asked Kavanaugh: Should the president be able to influence independent agencies or departments for purely political reasons? Kavanaugh demurred, citing a reluctance to comment on "electric current events."
Flake pursed the question twice more than, asking Kavanaugh to answer as a matter of principle, and to explain how the regulations allowing for the appointment of a special counsel like Mueller are any check on the president if the president can fire the special counsel. This last question prompted Kavanaugh to point to Nixon's firing of special counsel Archibald Cox, a dramatic crunch known as the "Saturday Night Massacre" that led to the resignation of the attorney general and deputy chaser general before Solicitor General Robert Bork agreed to carry out President Nixon's orders; Kavanaugh noted that the "system held," even at that extremity.
Kyle suggested he may resume questioning on this issue today.
Democrats too opened up substantial lines of questioning on Kavanaugh's positions on race, guns and abortion.
Sen. Mazie Hirono brought up Kavanaugh'south involvement in a case in which he argued that native Hawaiians are not an indigenous people. Kavanaugh worked with erstwhile nominee Robert Bork on the case in 1999, and their involvement led to the filing of an amicus cursory and an op-ed in the Wall Street Journal in which Kavanaugh incorrectly located the Hawaiian islands exterior of Polynesia.
In the op-ed, Kavanaugh repeatedly uses the term "racial spoils organisation," but he refused to explicate to Harris what he meant by it. Kavanaugh answered "no" when Harris asked if he was aware that the term is "commonly used by white supremacists."
Regarding guns, under questioning by Sen. Dianne Feinstein, D-Calif., Kavanaugh appeared to misstate an aspect of Justice Antonin Scalia's D.C. five. Heller decision. Feinstein asked how he justified his view that assault weapons — such as the AR-fifteen — are constitutionally protected, and Kavanaugh responded that semi-automatic rifles are some of the nigh popular guns in the nation and therefore fall under the "common apply" test in Scalia'south Heller decision.
Nevertheless, the "common use" exam in the Heller decision refers to weapons that were "in common use at the fourth dimension" of the Second Subpoena'southward ratification in 1789, not usually owned mod weapons. In fact, Scalia'due south stance goes on to explain why modern weapons such as "M-sixteen rifles and the like" may be banned under his reading of the Second Amendment despite their utility in modern military service. Feinstein's office confirmed that they believe he misstated the law, only would non comment on whether she will resume questioning on this subject.
On abortion, Kavanaugh said Wednesday that while the Supreme Court's decision in Planned Parenthood 5. Casey had reaffirmed its landmark decision in Roe v. Wade decriminalizing abortion, the Court had "reached a position that allowed some reasonable regulations." While Roe is settled precedent, he said, Casey is "precedent on precedent." These comments imply Kavanaugh, while he demurs before the hearing from discussing directly overturning Roe, would be receptive to the efforts of some country legislatures to restrict admission to ballgame through onerous regulation.
In June 2016, with Scalia's seat held vacant as the Senate refused to take up Merrick Garland'south nomination, the Courtroom struck down by a vote of 5-three onerous regulations imposed on abortion clinics past Texas. Since that time, Scalia'due south seat has been filled past Justice Neil Gorsuch, presumably providing a fourth vote that would have upheld the regulations, forth with the votes of Justice John Roberts, Justice Samuel Alito and Justice Clarence Thomas. Justice Anthony Kennedy has retired.
Kavanaugh appears to be signaling that if confirmed to fill Justice Kennedy'south seat, he may provide a fifth vote to uphold those regulations every bit well. Kavanaugh has non referred to the 2016 decision, Whole Woman'due south Health five. Hellerstedt, in the hearings thus far or said whether he considers it settled precedent.
For all the open questions, there are still few doubts that Kavanaugh is on track to exist confirmed.
Speaking informally after the hearing, a Republican aide said it was a off-white question whether Sen. Flake'south vote for Kavanaugh was a bit shaky given his questioning on executive power, but said he couldn't imagine Scrap opposing Kavanaugh on the Senate flooring.
Tim Miller, a onetime adjutant to Jeb Bush, said he didn't run into any signs that Kavanaugh'due south hearings functioning was weakening his chances, and noting the past example of Harriet Miers, a nominee to the Supreme Court whose name had to be withdrawn during George W. Bush'due south administration.
"With Miers, information technology was the talk radio chatter that was the sign," he said. With Kavanaugh, we're "non seeing anything like that."
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Voting rights advocates wary of Kavanaugh's nomination to Supreme Court
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Tin can the Democrats practise to Brett Kavanaugh what they did to Robert Bork?
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Unborkable: Kavanaugh heads into confirmation hearings on cruise command
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Photos: Confirmation hearings for Brett Kavanaugh brainstorm with protests
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Source: https://news.yahoo.com/kavanaugh-hearings-continue-open-questions-missteps-unchanged-whip-count-144102474.html
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