Senate Democrats up for reelection in strongly pro-Trump states are defending the aggressive tactics their more liberal colleagues on the Judiciary Committee have used to shed light on Supreme Court nominee Brett Kavanaugh’s record.
More moderate Democrats who hail from states that President TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE won by double digits in 2016 say they don’t like the lack of civility surrounding this week’s Supreme Court hearings, but they also don’t think liberal colleagues have done anything wrong.
One of those more liberal colleagues, Sen. Cory BookerCory Anthony BookerRand Paul introduces bill to end no-knock warrants Black lawmakers unveil bill to remove Confederate statues from Capitol Harris grapples with defund the police movement amid veep talk MORE (D-N.J.), caused an uproar on Thursday by making public an email thread that Kavanaugh wrote in 2002, which the Judiciary Committee deemed be “confidential” material.
When Senate Republican Whip John CornynJohn CornynSenate headed for late night vote amid standoff over lands bill Koch-backed group launches ad campaign to support four vulnerable GOP senators Tim Scott to introduce GOP police reform bill next week MORE (Texas) warned that such a serious breach of Senate rules could be punished by expulsion from the Senate, Booker – a likely candidate for president in 2020 – responded: “Bring it.”
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Sen. Jon TesterJonathan (Jon) TesterSenate confirms Trump’s watchdog for coronavirus funds Montana barrels toward blockbuster Senate fight The 10 Senate seats most likely to flip MORE (D-Mont.), who is up for reelection in November in a state Trump carried by 20 points, argued that Republicans didn’t have a valid reason for putting a “confidential” classification on the documents.
“The information that I got was that there was no reason for it to be confidential. I believe in transparency in government. If it’s confidential, it’s got to be truly confidential. Don’t play the game,” he said.
Sen. Joe ManchinJoseph (Joe) ManchinTrump administration seeks to use global aid for nuclear projects Shelley Moore Capito wins Senate primary West Virginia Gov. Jim Justice wins GOP gubernatorial primary MORE (W.Va.), another red-state Democrat, said Booker did not appear to violate any rules.
“I saw Cory when his made his statement,” he said. “We’re looking at it. My counsel is looking at that now.”
He argued that he didn’t think the “committee confidential” designation was binding.
“It wasn’t secretive documents. It wasn’t anything. It was just basically a discretion” by Republican senators, Manchin said.
Senate Republicans argue that the decision by centrist Democrats to come to Booker’s side Thursday will come back to haunt them as they hit the campaign trail over the next two months leading up to the election.
Republicans plan to make the partisan fighting over Kavanaugh an issue on the campaign trail, while Trump has blasted Democrats over their opposition to his Supreme Court pick and other issues in a series of rallies.
National Republican Senatorial Committee (NRSC) Chairman Cory GardnerCory Scott GardnerSenate advances public lands bill in late-night vote OVERNIGHT ENERGY: Interior faces legal scrutiny for keeping controversial acting leaders in office | White House faces suit on order lifting endangered species protections | Lawmakers seek investigation of Park Police after clearing of protesters The Hill’s Campaign Report: Republicans go on attack over calls to ‘defund the police’ MORE (R-Colo.) said Thursday that red-state Democrats will have to answer for the antics of their colleagues during the Kavanaugh hearings.
“If you’re a red-state Democrat I think it’s a big challenge for you to try to justify the actions of your colleagues, the behavior of your colleagues, the boorishness of your colleagues,” he said.
Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate advances public lands bill in late-night vote GOP senator to try to reverse requirement that Pentagon remove Confederate names from bases No, ‘blue states’ do not bail out ‘red states’ MORE (R-Ky.) also blasted what he called “hysterical stunts” to slow down Kavanaugh.
Liberals on the Judiciary Committee argue that Republicans misapplied the confidential designation with documents for Kavanaugh.
“Just because there’s a Senate rule doesn’t mean it can be misapplied, misconstrued or misused,” argued Sen. Richard Blumenthal (D-Conn.).
Booker on Thursday morning released four documents comprising a dozen pages in which Kavanaugh had a discussion with colleagues in the George W. Bush administration under the subject line “racial profiling.”
Later in the day, Booker released five more pages of emails that were “considered committee confidential.”
Sen. Mazie HironoMazie Keiko HironoWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases GOP votes to give Graham broad subpoena power in Obama-era probe Federal judges should be allowed to be Federalist Society members MORE (D-Hawaii), another member of the panel, tweeted out Kavanaugh documents related to Native Hawaiian programs that were also deemed committee confidential.
These were a few examples of the aggressive tactics Democrats on the Judiciary panel employed this week to protest Republicans handling of the confirmation hearings.
Democrats denounced the release of 42,000 pages of Kavanaugh-related documents on the evening before his first day of hearings and repeatedly interrupted Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyRepublicans release newly declassified intelligence document on FBI source Steele Nursing homes under scrutiny after warnings of seized stimulus checks Republicans prepare to punt on next COVID-19 relief bill MORE’s (R-Iowa) opening statement to vent their anger.
Blumenthal blasted Grassley’s decision to move ahead with the proceedings this week as “a charade and mockery of our norms.”
Sen. Claire McCaskillClaire Conner McCaskillMissouri county issues travel advisory for Lake of the Ozarks after Memorial Day parties Senate faces protracted floor fight over judges amid pandemic safety concerns Amash on eyeing presidential bid: ‘Millions of Americans’ want someone other than Trump, Biden MORE (D-Mo.), who also faces a tough race in a state Trump won by 19 points, said Republicans set the tone in 2016 when President Obama nominated Merrick GarlandMerrick Brian GarlandDon’t mess with the Supreme Court Graham on potential Supreme Court vacancy: ‘This would be a different circumstance’ than Merrick Garland Prosecutor who resigned over Stone sentencing memo joins DC attorney general’s office MORE to the Supreme Court and he never got a hearing in the GOP-controlled Senate.
“These are the guys that wouldn’t meet with Merrick Garland. I don’t think most Missourians hold Congress in very high regard period. I don’t think members of the Judiciary fighting for access to documents that have no basis for being withheld — none — is going to be determinative of the document,” she said.
She argued that if the documents were protected by executive privilege, they shouldn’t have been shared with the Judiciary Committee in the first place.
“First of all, you have to have some basis on which they are confidential. They’re not classified,” she said. “If they’re not classified and not privileged, what are they if not hiding?”
A Republican spokesman for the Senate Judiciary Committee later sent out an email explaining that some of the documents that Booker made public had been cleared for release early Thursday morning.
A spokeswoman for Sen. Heidi HeitkampMary (Heidi) Kathryn Heitkamp70 former senators propose bipartisan caucus for incumbents Susan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA MORE (D-N.D.), another senator facing a tough reelection bid in a pro-Trump state, did not respond to a request for comment.
Protesters have regularly disrupted Kavanaugh’s hearing by shouting or screaming out until Capitol Police remove them from the room, often forcing the nominee or the senator asking him a question to wait for the disturbance to end.
McConnell noted that 66 protesters had been removed from the hearing — some carried out forcibly — as of Thursday morning. Dozens more were arrested earlier in the week.
Centrist Democrats, however, defended the activists for exercising their constitutional rights.
“That’s our country,” Manchin said. “You’re talking to a West Virginian. We’re used to a rumble rally, that doesn’t bother us at all.
Manchin, whose home state of West Virginia voted for Trump by 42 points in 2016, added: “That’s part of America. They have the right to protest.”
Tester said, “You got to let the process go. If there’s disruption, you have freedom of speech. You also have to do the confirmation hearing.”
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