THREAD from #Kavanaugh confirmation hearing Day1. Day2 begins. GOP chair Grassley said yesterday’s protesters plotted w/ Democrats to disrupt hearing. “Today is different,” he said. Protests continued. One said: “I’m offended; I called out Durbin. I didn’t coorindate w/Democrats”
Feinstein starts questions on gun regulation & “common use.” She said she never thought she’d see children mowed down in schools. #Kavanaugh: “It’s all about precedent. If a type of firearm is widely owned like assault weapons, then it’s unconstitutional to ban them under Heller” 
Feinstein asks about Roe: I don’t want to go back to those numbers [women dying in back alley abortions]. #Kavanaugh: I don’t live in a bubble. I understand its importance. As a judge, Roe & Casey are long-standing Supreme Court precedent. (Implying it should stand, it seems.)
Feinstein asks about executive power: Was Nixon rightly decided? Can a sitting president be subpoenaed? #Kavanaugh: A criminal trial subpoena for information under those circumstances was rightly decided. I’m open to constitutionality. Can’t give answer to hypothetical question.
Hatch asks about torture (“enhanced interrogation”). #Kavanaugh: “I was not read into that program,” denying any involvement in crafting legal justifications for Bush administration torture program. Also denies his answers were inaccurate. #KavanaughHearing #SCOTUS
Leahy asks what #Kavanaugh knew about Bush admin staffers’ theft of Democratic computer files (emails) on controversial judicial nominees, apparently given to Kavanaugh. K plays dumb about how stolen confidential emails ended up in his inbox. #KavanaughHearings
Republican Chair Grassley has a little fit about Leahy questioning #Kavanaugh on stolen Democratic documents received by Kavanaugh in Bush White House counsel’s office. Kavanaugh sticks by his previous response that he didn’t know as “100% accurate.”
Lindsey Graham tries to soften #Kavanaugh’s chilly edges. Asks him to respond to Parkland dad @fred_guttenberg whose shunning y’day was widely condemned. Kavanaugh stiffly says “I’ve not lived in a bubble. I understand things. I feed homeless people.” Quotes bible. Even Graham🙄
“An alarming tableau of special interests”—Senator Whitehouse hitting hard on SCOTUS & #Kavanaugh pattern of lining up w/ big conservative interests—“From big special interests lurking behind Federalist Society to funding behind Judicial Crisis network” & other right-wing groups
Editorial comment: Mike Lee seems to be auditioning for the next Supreme Court vacancy, discussing w/ Kavanaugh originalism, textualism, constitutionalism. Linguists know these terms are used to make judges appear to transcend politics in interpretation. More fiction than fact.
"Originalism"—a marketing success for conservative jurisprudence—is a cudgel used to attack liberal judges "inventing new rights" to protect minorities, political dissenters, criminal suspects. Its selling point: claims of neutrality. Read @emilybazelon nytimes.com/2018/09/03/opi…
#Kavanaugh was most uncomfortable when @SenatorLeahy asked him about stolen confidential emails he received to get an advantage in pushing thru controversial judicial nominees for Bush administration. Deceitful is a devastating character flaw for #SCOTUS.
#Kavanaugh hearing Day3 continues to be an extraordinary display of the lows & highs of the day. Republicans obfuscate his record & views. Democrats talk openly of danger of SCOTUS nominee who backs more executive power for unindicted lawless authoritarian president. +Protests
@SenatorDurbin @BrettKavanaugh Republicans said Kavanaugh had a brilliant legal mind and integrity. He has neither if he misleads Congress about email theft—to advance the political agenda of a POTUS. How can he be trusted to stand up to the lawlessness of this POTUS who has the same agenda??
Cory Booker to #Kavanaugh: The Supreme Court must be above suspicion. Why not recuse yourself now from considering matters from Mueller & clear any suspicion Trump—an unindicted co-conspirator who demands loyalty re Russia probe—has picked you to protect him?
#Kavanaugh refuses.
#Kavanaugh refuses.
@SenKamalaHarris: Would it be reasonable for someone to question your independence with regard to the civil or criminal liability of the president who appointed you? SCOTUS’ Breyer, Kagan, Scalia committed to recusals. Will you?
#Kavanaugh: No. I believe in judicial independence.
#Kavanaugh: No. I believe in judicial independence.
Wow @JohnWDean testifies that “false claims” made by Justices Rehnquist and Thomas in their confirmation hearings b/c of inadequate vetting has left a taint on their SCOTUS tenure (!) Says he’s surprised #Kavanaugh doesn’t want all documents made available now to avoid same fate.
😲Senator Kennedy (R-LA) just ended #Kavanaugh confirmation hearings by calling witness John Dean “a rat” who “hurt the country” in Watergate, and so he couldn’t take any of his testimony seriously. Dean said, “Trump called me a rat too.”
