Kavanaugh brings up Brown v. Board of Education decision
From CNN's Tammy Kupperman
Without being asked, Judge Brett Kavanaugh again brought up the seminal Brown v. Board of Education decision. "That moment is so critical to remember, the opinion is so inspirational," he said, citing the unanimity as one particularly great aspect.
He has repeatedly talked today about how it is one of the greatest moments in Supreme Court history. Brown v. Board held that state laws requiring separate but equal schools violated the Constitution.
Some other Trump judicial nominees, however, have refused to discuss whether Brown was correctly decided. In April, for instance, Wendy Vitter wouldn’t touch the question at her confirmation hearing to become a federal judge in Louisiana.
"I don't mean to be coy," Vitter said, "but I think I can get into a difficult, difficult area when I start commenting on Supreme Court decisions -- which are correctly decided and which I may disagree with." Vitter emphasized that, if confirmed, she'd set aside "personal, religious or political views" and she would be bound by Supreme Court precedent.
1:57 p.m. ET, September 5, 2018
Manchin: "I haven't seen anything" disqualifying in Kavanaugh’s record
From CNN's Manu Raju
Sen. Joe Manchin, a key swing vote, told CNN that he has seen nothing disqualifying so far in Brett Kavanaugh's testimony -- and he sharply criticized both sides' handling of the nomination process.
"No, I haven't seen anything from that standpoint," Manchin said when asked if he's seen anything disqualifying yet. "He's handled himself very professionally ... His dialogue is more specific in his approach to being a jurist."
He said he would reserve judgment until after the hearings.
Manchin, a West Virginia Democrat up for reelection this year, sharply criticized both parties when asked about Democrats' aggressive posture at the start of yesterday's hearings.
"Both sides have been deplorable in how they've handled themselves," Manchin said. "That's what makes people sick."
"The whole approach to how we're operating today is nothing like we've seen .. No one can say this is normal, this is civil or exemplifying for our kids," Manchin said, citing the lack of action on Merrick Garland as well.
Manchin added: "Anybody who announces how they're going to vote before a president makes their appointment, there's no commonsense or reasoning in that whatsoever."
1:57 p.m. ET, September 5, 2018
At least 36 protesters arrested at today's Kavanaugh hearing, group claims
From CNN's Elizabeth Landers
A demonstrator dressed as a character from "The Handmaid's Tale" protests outside the hearing room where Supreme Court nominee Judge Brett Kavanaugh is testifying before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill on Sept. 5, 2018 in Washington, DC.
The Women's March claimed at least 36 protesters were arrested at today's confirmation hearing and a sit-in at Ohio Sen. Rob Portman's office.
Winnie Wong, senior advisor to the Women’s March, spoke to CNN and explained some of the strategy and activism around the Kavanaugh protests.
“This is well-organized and scripted. This isn’t chaos,” Wong said outside the hearing rooms. “It’s exercising your constitutional rights.”
The Women’s March has partnered with the Center for Popular Democracy (CPD) this week to provide support to its members who want to participate in the democratic process, though Wong also advised there are approximately 20 groups present here in DC — and emphasized that the groups are getting along and coordinating and supporting one another. Case in point: N.A.R.A.L. president Ilyse Hough walked by during the conversation and air-kissed Wong’s cheek before singing her praises.
The group has been organizing around these Supreme Court hearings for about a month, she estimated.
Wong said that the Women’s March has 300 people committed to “actions” during the week — and that most of their members knowingly signed up for action that could get them arrested. The Women’s March group drew from their 1.5 million member email list to spread the word, drawing a variety of women from around the country who Wong says have traveled to participate.
What happened yesterday: Wong was arrested Tuesday along with Women’s March co-founders Linda Sarsour and Bob Bland. She recounted what she yelled from the back of the room: “I said for any senator who votes yes on the confirmation of Judge Kavanaugh there will be a political price to pay. That to me is an explicit demand and a promise.”
Capitol Police said they had made 70 arrests on Tuesday on the Senate side of Capitol Hill by the end of the first day of hearings.
Police said in a statement that they had "responded to numerous incidents of unlawful demonstration activities within the Senate Office Buildings today that were associated with the first day of hearings held by the Senate Judiciary Committee."
1:30 p.m. ET, September 5, 2018
Schumer tries but fails to invoke rule that would put time limits on Kavanaugh hearing
From CNN’s Ted Barrett and Phil Mattingly
Senate Minority Leader Chuck Schumer, a Democrat from New York, tried to invoke the two-hour rule, which requires unanimous consent for committees to meet for more than two hours after the Senate comes into session -- or past 2 p.m. ET -- in order to block action in the Judiciary Committee.
Senate Majority Leader Mitch McConnell, a Republican from Kentucky, countered by taking the Senate immediately out of session, which nullifies the need for consent for the Committee to meet.
The Kavanaugh hearing went on uninterrupted.
1:24 p.m. ET, September 5, 2018
Graham gave Kavanaugh an opportunity to address Parkland dad, but he chose not to
Judge Brett Kavanaugh did not address the confusion around a missed handshake Tuesday with the father of a slain Parkland student, when given the opportunity by Sen. Lindsey Graham to do so.
Asked what he’d like to say to Fred Guttenberg, the Parkland father, and the “many other people here with personal situations,” Kavanaugh spoke generally, saying “I’ve not lived in a bubble. And I understand how passionately people feel about particular issues. And I understand how personally people are affected by issues.”
Here's the exchange:
Graham:
"I want to give you a chance to say some things to the people that have attended this hearing. I think there is a father of a Parkland student who was killed. I think there is a mother of a child who has got terrible healthcare problems. And there are many other people here with personal situations. What would you like to say to them, if anything, about your job as a Supreme Court Justice?"
Kavanaugh:
"Senator, I understand the real-world effects of our decisions. In my job as a judge for the last 12 years, I’ve gone out of my way in my opinions and at oral arguments, if you listen to oral arguments, to make clear to everyone before me that I understand the situation, the circumstances, the facts. For example, as I was saying to Senator Feinstein earlier, in the Heller II case about the facts in DC and I want to reassure everyone that I base my decisions on the law, but I do so with an awareness of the facts and an awareness of the real-world consequences. And I’ve not lived in a bubble. And I understand how passionately people feel about particular issues. And I understand how personally people are affected by issues. And I understand the difficulties that people have in America. I understand for example, well, to start, I understand the situation of homeless people because I see them on a regular basis when I’m serving meals."
1:19 p.m. ET, September 5, 2018
Leahy grills Kavanaugh on his knowledge of stolen info, and warrantless surveillance program
From CNN's Ariane de Vogue and Annie Grayer
Senate Judiciary Committee member Sen. Patrick Leahy (D-VT) (L) questions Supreme Court nominee Judge Brett Kavanaugh during the second day of his confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC.
Sen. Patrick Leahy, a Democrat from Vermont, questioned Judge Brett Kavanaugh extensively about his knowledge of a scandal that occurred back in 2003 when a Republican staffer obtained internal, Democratic memos that Leahy and others said were stolen from a computer terminal.
At the time, the aide, Manuel Miranda, was working on judicial confirmations on the hill and Kavanaugh was serving in the White House counsel’s office.
Kavanaugh was asked about the issue during his 2006 testimony, where he denied knowing about any memos from Democrats.
"Had I known or suspected that, I would have immediately told Judge Gonzales, who I'm sure would have immediately talked to Chairman Hatch about it," he said at the time.
Kavanaugh also noted it’s common to prepare for hearings and try to anticipate areas about which senators would like to question nominees. So the fact he would have met with or spoken with Miranda on such issues is not surprising.
Today, Leahy suggested that he had other emails labeled “committee confidential” that could be damaging to Kavanaugh because they would suggest that Kavanaugh knew more than he’s previously suggested.
Leahy said he was unable to produce the documents because they were being held committee confidential.
But Sen. Chuck Grassley, a Republican from Iowa, pointed out that all the documents were available to members and that if members wanted to use them in the hearing, they could have asked ahead of time. Adding that Grassley would work with Bush lawyer Bill Burck and White House lawyers to get them cleared. Leahy did not make that specific request, although, he has requested the release of all documents that have been marked committee confidential.
Grassley told Leahy, “We’ll get them for you,” but to do that he needs permission of Burck and the White House.
Republican Sen. Lindsey Graham of South Carolina followed up and asked Kavanaugh if he had any knowledge of receiving stolen information from Miranda.
He replied no.
Leahy continued questioning on Kavanaugh's knowledge of the terrorist surveillance program. Additionally, Leahy questioned Kavanaugh on another issue that came up in 2006 — what Kavanaugh’s knowledge of the terrorist surveillance program was before its existence was revealed by the New York Times.
He maintained that he did not know about the program before the New York Times published a story on it. But said he could not rule out having worked on other warrantless surveillance issues before that. He said after Sept. 11, 2001, it was “all hands on deck.”
Graham again asked if he had knowledge of the terrorist surveillance program before the New York Times story appeared and he said “no.”
1:07 p.m. ET, September 5, 2018
The Kavanaugh hearing has resumed
The confirmation hearing for Judge Brett Kavanaugh, President Trump's Supreme Court pick, has resumed.
Sen. Dick Durbin, a Democrat from Illinois, is grilling Kavanaugh right now.
12:30 p.m. ET, September 5, 2018
The Kavanaugh hearing is now on a 30-minute lunch break
The Senate Judiciary Committee just took a 30-minute break for lunch.
Sen. Chuck Grassley advised that the break may take a bit longer because they have an upcoming vote.
"If not, Judge Kavanaugh, we will let your staff know if it's going to be a little later because you never know what happens in the United States Senate when you have a vote," he said.
