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The quiet before the storm: Hello from the Senate Judiciary Committee, where DC Circuit nominee – and reported SCOTUS contender – Neomi Rao is appearing at 10am. Expect Qs about her college writings on race, date rape, and LGBT issues. Our original story: buzzfeednews.com/article/zoetil…
Rao is also expected to face Qs about her current job as head of the Office of Information and Regulatory Affairs, where she's led the Trump admin's push to roll back federal regs – the DC Circuit is the main venue for litigation over agency regs and rulemaking
If you'd like to watch Neomi Rao's hearing, here's a link to the livestream: judiciary.senate.gov/meetings/02/05… Her nomination is a big deal for many reasons – she would take Justice Brett Kavanaugh's old seat on the influential DC Circuit, and is a rumored SCOTUS contender herself
This is the first judicial confirmation hearing under new Senate Judiciary Committee Chair Lindsey Graham – it's notable that Rao is the only nominee. Former chair Chuck Grassley at times had circuit nominees appear in pairs, something that upset committee Dems
I count at least eight women in the hearing room wearing black shirts with quotes from some of Rao's college op-eds about race and date rape
DC Circuit nominee Neomi Rao's hearing is underway, here she is taking the oath from Graham
Normally, a judicial nominee's home state senators would introduce them, but DC has no home state senator – and the Trump admin has shut Rep. Eleanor Holmes Norton out of the nomination process (Norton has had some role under Dem presidents) – so Sen. Lee is introducing Rao
Graham jumps right in, asks Rao about her college writings. Rao says that college was a "time of exploration" when she, like many students, engaged in commentary one events on campus. "I cringe at some of the langauge that I used," she says
Rao says she believes she has matured in the two decades since college. Graham asks about her writings about date rape. Rao says she made clear it was a crime that should be punished, but also tried to make the "commen sense" observation that there were steps women could take
Feinstein's Qs focused on Rao's work on federal regs in the Trump admin. She asked if Rao would recuse from cases involving the admin's regulatory actions. Rao says she would look at standards for recusal, consult with colleagues, and follow precedents/practices of the court
Leahy asks about Rao's experience, asking if she's ever tried a case in court. Rao says she hasn't, and that her career has been focused on public service and academia
Leahy asks about Rao's writings about date rape, saying that as a prosecutor he handled rape cases, and the notion that women who drink too much are to blame results in victims being ashamed to come forward and juries excusing culpable defs...
...Rao responds that no one should blame a victim of rape or sexual assault, and that she was trying to say, in perhaps "not the most elegant way," the perhaps "common sense observation" that excessive drinking can lead to risky behavior by men and women
Kennedy gets into legal theory, asking if Rao would apply a hypothetical law re: a person convicted in "any court" to mean a foreign court, or only US courts. Rao says where text is clear, that ends the inquiry, but need to look at surrounding text, extraterritorial application
Kennedy asks Rao when life begins. She hesitates, saying she's not sure how to answer that as a judicial nominee. When Kennedy presses her, she says it's a subject that's related to cases in court. Finally, Kennedy asks if she'll put aside any personal beliefs, Rao says yes
Blumenthal says he's not going to ask Rao about things two decades ago that make her cringe, but recent comments that make him cringe. He asked about comments in 2014 referring to the Gun-Free Schools Act and parts of the Violence Against Women Act as "grandstanding" statutes...
Rao says violence against women is a very important issue, and that her comments were in response to interviewing the author of a book about related subjects
Durbin asks about columns Rao wrote that refers to "myths" about AIDS and about racial and sexual oppression. Rao said she doesn't recall exactly what she was referring to, but re: oppression, she said she was advocating for understanding between different racial/ethnic groups
Durbin says he doesn't understand what Rao means. Rao said she maybe had some idealism about race, inspired by what MLK said about being judged by character, not color of someone's skin. Durbin said he would struggle to reconcile what Rao wrote re: oppression as a "myth" with MLK
Lee laments the focus on nominees' writings from when they were young and that it's become "bloodsport": "People grow, they learn, we should allow those changes to be taken into account. There’s certainly nothing disqualifying here.”
Lee: "Judicial nominations have become a bloodsport. And we’ve convinced ourselves that because judges are important, it's all fair game. That’s not right, that shouldn't be the case here."
Klobuchar presses Rao about whether she would recuse from cases involving federal regs that she's worked on in the Trump admin. Rao wouldn't say yes, but rather that she'd review on a case-by-case basis, consult the standards, precedents, and her colleagues
Rao's answer on whether she'd recuse on regs she worked on differs from Trump's first DC Circuit nominee, Judge Greg Katsas, who came out of the White House counsel's office. Katsas said at his hearing that he would recuse from matters he worked on: buzzfeednews.com/article/zoetil…
Whitehouse uses his time to rail against SCOTUS decisions under Chief Justice John Roberts that Whitehouse says have aligned with "big donor" interests
Sen. Ernst, who has spoken about being a victim of sexual asault, says Rao's writings about date rape "do give me pause." She asks Rao how her thinking has evolved. Rao says she wouldn't express herself in the same way, wouldn't write in a way implying a victim is to blame
Ernst also asks Rao about a piece describing the idea that women are equal as "dangerous feminist idealism." Rao says: "I very much regret that statement," and, "I'm honestly not sure why I wrote that" – she says she believes strongly in the equality of men and women
Grassley asks what Rao thinks about cameras in the courtroom. Rao says she doesn't have a view on the subject.
Harris presses Rao about writings on drinking and date rape. Rao reiterates she was talking about steps to reduce risks. Harris asks if a woman is to blame if she doesn't follow those steps. Rao says no. Harris asks, so what is the significance? Rao says it's about reducing risk
Harris asks if she stands by those views from college re: date rape. Rao says no, she would not express herself in that way now
Booker asks about proposed rollback of anti-discrim housing regs (he incorrectly says Rao has been overseeing HUD, but later correctly refers to her current post). Rao said the rulemaking was aimed at tee-ing up the issue of whether the disprate impact standards should be changed
Booker asks Rao if she believes gay relationships are immoral. Rao initially questions the relevance, then says no. Booker asks if she believes they are a sin. Rao says she would put aside any personal views. Booker asks if she's ever had LGBT staff. Rao says she doesn't know.
Cruz says he's troubled by what he sees as attacks on the religious freedom of judicial nominees, re: Booker's questions. He asks Rao about the importance of separation of powers and federalism. Rao says those structural restraints are essential to protect individual liberty.
Coons asks about Mueller, noting Rao wrote in 2014 about a broad interpretation of presidential power – could the prez remove a prosecutor investigating him/his family/his campaign? Rao said she was writing about civil cases/admin state, and hasn't looked at that issue
Rao also demurs when Coons asks again about the president's power to remove a special counsel, saying it's an ongoing political controversy and could end up in the courts
We're now going into a second round of questions, primarily from Dems
Feinstein brings up Katsas's response when asked about recusing. Rao repeats her answer about recusal being important and looking to the standards, and says that overseeing regulatory policy is different from being a lawyer in the White House providing counsel on certain issues
Hirono asks about Rao's comments about cases that involve the rights of LGBT individuals (Lawrence and Windsor), and Trump admin rollback of LGBT protections. Rao says it's very important to respect the equal dignity of all individuals, and she would follow SCOTUS precedent
And that's a wrap on Neomi Rao's confirmation hearing. The committee is hearing next from two nominees for the Privacy and Civil Liberties Oversight Board – just two senators are left, Blackburn (who is chairing in Graham's place) and Feinstein
STORY: Neomi Rao, Trump's pick for Justice Brett Kavanaugh's old seat on the powerful DC Circuit, today tried to distance herself from some of the inflammatory op-eds she wrote in college about date rape and other hot-button issues buzzfeednews.com/article/zoetil…
Rao has led the Trump admin's deregulation push. At today's hearing, asked by Dems about specific regs the admin has moved to roll back, Rao didn't get into the substance, saying agencies set the policy agenda and her office oversees review/coordination buzzfeednews.com/article/zoetil…
Based on Qs and comments today, Rao is likely to move out of committee along party lines. Dems seemed skeptical of her effort to distance herself from what she wrote in college, and pointed to some of her more recent public remarks as concerning, too buzzfeednews.com/article/zoetil…
Neomi Rao is Trump's pick for a seat on the influential DC Circuit (Justice Brett Kavanaugh's old seat, in fact). Rao spent two and a half hours testifying today before the Senate Judiciary Committee – here's what went down buzzfeednews.com/article/zoetil…
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