- Jul 15, 2018
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remember them days when he was mayor of da bricks, son was letting cats stay at his crib during hurricane sandy. Son was really for da peopleCory once ran into a burning building to save someone. Dude legit built different from the rest of Capitol Hill.
My goodness.
Judge Kavanaugh was considering a draft opinion piece that supporters of one of Mr. Bush’s conservative appeals court nominees hoped they could persuade anti-abortion women to submit under their names. It stated that “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.”
Judge Kavanaugh proposed deleting that line, writing: “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so.”
He was presumably referring to then-Justices William Rehnquist and Antonin Scalia, along with Justice Clarence Thomas, conservatives who had dissented in a 1992 case that reaffirmed Roe, Planned Parenthood v. Casey. The court now has four conservative justices who may be willing to overturn Roe — Justices Thomas and John C. Roberts Jr., Samuel Alito and Neil Gorsuch — and if he is confirmed, Judge Kavanaugh could provide the decisive fifth vote.
Still, his email stops short of saying whether he personally believed that the abortion rights precedent should be considered a settled legal issue.
Democrats have complained about relying on Mr. Bush’s lawyer rather than the National Archives to decide what to provide to the Senate, as one part of a larger fight over how many documents from Judge Kavanaugh’s years in the Bush administration the Senate and public should be able to vet before his confirmation vote.
A White House spokesman, Raj Shah, had no immediate comment on the disclosure of the secret files. But late on Wednesday, in the context of some of the documents, he condemned the disclosure of “committee confidential” documents as a violation of Senate rules.
Other documents provided to The Times included a document showing that in September 2001, after the terrorist attacks, Judge Kavanaugh engaged with a Justice Department lawyer about questions of warrantless surveillance at the time that lawyer wrote a memo an inspector general report later portrayed as the precursor to the Bush administration’s warrantless surveillance program.
On Wednesday, Senator Patrick J. Leahy, Democrat of Vermont, seemed to allude to the existence of such an email, grilling Judge Kavanaugh about whether his testimony at his May 2006 appeals court hearing that he had not seen or heard anything about the Bush administration’s warrantless surveillance program before its existence leaked the previous December was accurate.
In another document, Judge Kavanaugh expressed a critical view about some Department of Transportation affirmative action regulations, writing:
“The fundamental problem in this case is that these DOT regulations use a lot of legalisms and disguises to mask what is a naked racial set-aside,” he wrote, adding that he thought the court’s four conservative justices at the time would probably “realize as much in short order and rule accordingly.”
more receipts in the thread
I guess perjury isn't a big deal anymore
Sen. Cory Booker, in a volatile exchange during the Senate committee hearing for Supreme Court nominee Brett Kavanaugh, released confidential presidential documents on Tuesday, violating a confidentiality rule and now could be in trouble with his Congressional colleagues.
Booker said in the hearing that his attempts to question Kavanaugh on race were being thwarted by Republicans. He questioned the U.S. Circuit Court judge about an email sent when he was a lawyer for President George W. Bush. The email, Booker believes, shows that Kavanaugh was open to police doing racial profiling.
The New Jersey politician threatened to release the email, even if it means expulsion from the Senate.
“This is about the closest I’ll ever come in my life to an ‘I am Spartacus’ moment,” he said during the procedure.
The Senate debated for at least 30 minutes on the rule for use of “committee confidential” documents and whether or not the rule applied to the Senate Judiciary Committee, which is responsible for approving Kavanaugh as a Supreme Court justice.
Booker aligned with other Senate Democrats last month in demanding a release of 141,000 documents that had been marked committee confidential, his office said in a statement. The documents he released contain emails regarding Kavanaugh’s views on racial profiling and affirmative action, on which Booker questioned him Wednesday night.
“As I’ve been saying from the beginning, this process has been a sham,” Booker said. “The fact that tens of thousands of documents revealing a Supreme Court nominee’s views on key issues were deemed Committee Confidential and not available to the public reflects the absurdity of this process.
“The public has a right to access documents about a Supreme Court nominee’s views on issues that are profoundly important, such as race and the law,” he continued. “This process has demonstrated an unprecedented level of secrecy and opaqueness that undermines the Senate’s Constitutional duty to advice and consent.”
Texas Sen. John Cornryn warned that if Booker released the documents that it would be essentially releasing classified information. However, Booker argued that the documents should not be held as confidential because they did not deal with national security.
No word yet on if the Senate will move to censure or expel Booker.
Read all of the documents Booker released here.