Sen. Booker Releases Judge Kavanaugh Doc’s Republicans Trying To Hide From Public

(THIS ARTICLE IS COURTESY OF THE HUFFINGTON POST)

 

Cory Booker Releases Confidential Documents During Kavanaugh Hearing

Hawaii’s Sen. Mazie Hirono followed Booker’s threat to publish formerly confidential documents with her own release during the third day of hearings.
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Sens. Cory Booker (D-N.J.) and Mazie Hirono (D-Hawaii) released formerly confidential emails from Supreme Court nominee Brett Kavanaugh about racial profiling and racial discrimination at the start of the third day of confirmation hearings on Thursday, around an hour after threatening to do so.

The dramatic move appeared to defy Republicans who had shielded the documents from public view, and it seemed to risk breaking Senate rules. Senate Judiciary Committee staffers for Republican and Democratic officials told The Washington Post, however, that the committee cleared the documents for public viewing before either senator posted them to their websites. A spokesman for Bill Burck, the Republican lawyer overseeing the approvals, also told the publication that the emails Booker released were cleared last night.

The precise timing is not yet clear.

A spokesman for Booker said in a statement that the senator and unnamed Democratic colleagues “were able to shame the committee” into releasing the documents. Yet a spokeswoman for Hirono told HuffPost the senator did not ask the committee to release the emails that she made public around 10:30 a.m. before she published them online. Hirono did not know they would be cleared for public release, the spokeswoman said.

Booker was the first to threaten to make the documents public, saying he would “knowingly violate” the rules and accept any punishment for his action, which he considered to be civil disobedience. Booker said the emails, taken from Kavanaugh’s time in the Bush White House, do not pose a threat to national security.

Sen. Cory Booker (D-N.J.) asks Supreme Court nominee Brett Kavanaugh a question during a confirmation hearing on Wednesday.

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Sen. Cory Booker (D-N.J.) asks Supreme Court nominee Brett Kavanaugh a question during a confirmation hearing on Wednesday.

Sen. Mike Lee (R-Utah) said the emails Booker referenced had, in fact, just been deemed non-confidential, saying “the process worked.” Lee offered to work with Democrats in the committee to make other confidential documents public, too.

When Sen. John Cornyn (R-Texas) reminded Booker that he could lose his seat for breaking Senate rules, prior to the documents’ release, Booker responded: “Bring it.”

At the hearing, Sen. Richard Blumenthal (D-Conn.) argued that all the committee confidential documents should be publicly released, saying, “We are literally trying to get at the truth here.”

Booker’s documents, released Thursday afternoon, reveal that while Kavanaugh “generally” supports “race-neutral” security measures, the nominee also believed there was an “interim” question on whether to use racial profiling before neutral security measures are deployed. The emails between White House staffers were sent from mid-2001 and early 2002.

Messages released by Hirono reference unspecified government programs. Kavanaugh said in June 2002 that any such programs “targeting” native Hawaiians “as a group” are “subject to strict scrutiny” and “of questionable validity under the Constitution.” Hirono said in the hearing that her “colleagues from Alaska should be deeply troubled” by the nominee’s views because they would also apply to native Alaskans. Republican Sen. Lisa Murkowski from Alaska is seen as a possible swing vote in the confirmation process.

Booker’s colleagues Sens. Dick Durbin (D-Ill.) and Hirono also rallied around him, pledging their support in the event Booker faced “retribution,” as Durbin put it. Hirono said she would “defy anyone.”

“You want everything to be made public? All your emails? I don’t think you do,” Senate Judiciary Chairman Chuck Grassley (R-Iowa) responded at the hearing.

Sen. Dianne Feinstein (D-Calif.) jumped in to argue that the process of categorizing documents as committee confidential was far from transparent and perhaps unfair.

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“There is no process for ‘committee confidential,’” she said, adding that Democrats were not consulted in the decision to make certain documents private.

The release was in line with what progressive groups urged Democratic senators to do Wednesday: Go around Grassley and release the 141,000 pages of documents from Kavanaugh’s record that are not permitted for public release or public discussion. Members of the committee can read and discuss the documents among themselves, but they cannot question Kavanaugh on their contents in the hearings.

Read the documents that Booker released below. Hirono also uploaded documents, which are now on her website.

Republican Senator Don’t Care That Judge Kavanaugh Lied Under Oath At Least Twice

(THIS ARTICLE IS COURTESY OF THE HUFFINGTON POST)

 

Sen. Leahy: Withheld Emails Show Brett Kavanaugh May Have Perjured Himself

“There is simply no reason they can’t be made public,” Leahy said.

Sen. Patrick Leahy (D-Vt.) said Wednesday that emails being withheld by Senate Republicans show that Supreme Court nominee Brett Kavanaugh may have lied under oath during his prior confirmation hearings in 2004 and 2006.

The Democrat claimed that six emails from Kavanaugh’s time in the George W. Bush White House may contradict testimony Kavanaugh gave when being confirmed for his federal judgeships. But according to Leahy, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has labeled the emails as “committee confidential,” meaning they can’t be released to the public.

“There is simply no reason they can’t be made public,” Leahy said during confirmation hearings Wednesday.

Sen. Patrick Leahy

@SenatorLeahy

We have discovered evidence that Judge Kavanaugh misled the Senate during his 2004 and 2006 hearings. Truthfulness under oath is not an optional qualification for a Supreme Court nominee. Watch as I question him here: https://www.judiciary.senate.gov/meetings/nomination-of-the-honorable-brett-m-kavanaugh-to-be-an-associate-justice-of-the-supreme-court-of-the-united-states-day-2 

Nomination of the Honorable Brett M. Kavanaugh to be an Associate Justice of the Supreme Court of…

United States Senate Committee on the Judiciary

judiciary.senate.gov

Leahy’s assertion shined a bright light on the fact that committee Republicans are rushing the judge’s nomination through without disclosing a huge number of documents related to his work in the White House counsel’s office under Bush.

Grassley only requested between 10 and 15 percent of the documents from Kavanaugh’s time in Bush administration, and only 7 percent ― 457,000 documents ― have been provided to the committee. Of the documents that have been turned over, Grassley is refusing to publicly release 189,000. The committee asked for no records from Kavanaugh’s time as White House staff secretary.

Sen. Patrick Leahy (D-Vt.) questions Supreme Court nominee Judge Brett Kavanaugh.

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Sen. Patrick Leahy (D-Vt.) questions Supreme Court nominee Judge Brett Kavanaugh.

The six emails in question related to a scandal from 2002 and 2003 in which a Republican Judiciary Committee staffer named Manny Miranda stole emails from the committee’s Democrats that included strategy memos about how they would question Bush’s judicial nominees.

Leahy alleged that Kavanaugh, in his role preparing those judicial nominees for their confirmation hearings, knew he had received these stolen emails from Miranda detailing the Democrats’ strategy on the nomination of Priscilla Owen to the U.S. Court of Appeals for the Fifth Circuit. Kavanaugh claimed in both his 2004 and 2006 confirmation hearings that if he did receive those documents, he “never knew or suspected” that they were stolen.

Under tough questioning by Leahy on Wednesday, Kavanaugh stated that what he said in 2004 and 2006 was “100 percent accurate.” Leahy’s line of questioning first focused on three emails that are available to the public, then later alluded to the six emails that are not.

Leahy brought up an email sent on July 19, 2002, from Miranda to Kavanaugh and another Bush official that, according to the senator, asked “why the Leahy people were looking into financial ties between two special interest groups and Priscilla Owen.”

Kavanaugh proceeded to read the email and concluded, “I don’t really have a specific recollection of any of this, senator, but it would have not have been unusual [to say] … ‘The Leahy people are looking into this and the Hatch people are looking into that.’”

Then Leahy asked about a January 2003 email.

“Mr. Miranda forwarded you a letter from me and other Judiciary Democrats to then-Majority Leader Tom Daschle,” the senator said. “The letter was clearly a draft. It had typos and it wasn’t signed. Somebody eventually leaked its existence to Fox News.”

Judge Brett Kavanaugh reads from an email sent to him when working at the White House while answering questions from Sen. Pat

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Judge Brett Kavanaugh reads from an email sent to him when working at the White House while answering questions from Sen. Patrick Leahy.
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“Here’s the thing,” Leahy continued. “You had the full text of my email in your inbox before anything was said about it publicly. Did you find it at all unusual to receive a draft letter from Democratic senators to each other before any mention of it was made public?”

Kavanaugh pointed out that the only reply he made to this particular email was asking, “Who signed this?” According to Kavanaugh, this meant that he did not realize that the document was a draft and, therefore, remained oblivious that the document had been stolen.

Leahy then wanted to know if Miranda ever asked Kavanaugh to meet outside of the White House or the Capitol.

“I can’t rule that out,” Kavanaugh answered.

Leahy continued, “Did he ever hand you material separately from what would be emailed back and forth?”

“I don’t know the answer to that, senator,” Kavanaugh said before hemming and hawing about how sometimes the Democrats and Republicans on the committee worked together.

After his failure to remember whether he met with or received documents by hand from Miranda, Leahy asked Kavanaugh about another specific email. This was the first allusion to confidential emails the committee was not disclosing to the public.

“When you worked at the White House did anyone ever tell you they had a mole that provided them with secret info?” Leahy asked.

Kavanaugh said he didn’t “recall the reference to a mole.”

Leahy got more specific: “You never received an email from a Republican staff member with information claiming to come from spying?”

“I’m not going to rule anything out,” Kavanaugh said, echoing previous denials. “If I did, I wouldn’t have thought the literal meaning of that.”

“Wouldn’t that surprise you that you got an email saying that they got that from somebody spying?” Leahy pressed.

Kavanaugh, realizing that Leahy was talking about a document without revealing it, responded with his own question: “Well, is there such an email, senator?”

This led Leahy to turn to Grassley: “We’d have to ask the chairman what he has in the confidential material.”

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) shouts at Leahy as he questioned the lack of disclosure of Kavana

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Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) shouts at Leahy as he questioned the lack of disclosure of Kavanaugh’s documents.

Grassley responded angrily that all of the documents that the committee has made public from Kavanaugh’s time in the White House counsel’s office are publicly available online. Leahy replied that the email he referenced is marked “committee confidential.” Grassley, angrily yelling, declared that 80 percent of the emails the committee got from the archives are available to the public.

Leahy replied to both Kavanaugh and Grassley: “I’m concerned because there is evidence that Mr. Miranda provided you with materials that were stolen from me. And that would contradict your prior testimony. It’s also clear from public emails … that you had reason to believe that materials were obtained inappropriately at the time.”

“Mr. Chairman, there are at least six documents that you consider committee confidential that are directly related to this, including three documents that are already public,” Leahy added. “These other six contain no personal information. No presidential-act-restricted material. There is simply no reason they won’t be made public.”

Grassley said that he would produce the documents Leahy referenced: “He’s going to get what he wants. And I think there’s five of them.”