Brett Kavanaugh has Democrats in 'nuclear option' regret

April FrancisSep 04, 2018

Asked if the documents she's seen would actually raise doubts about Kavanaugh's ability to be fair, Klobuchar said it would "strongly bolster the arguments that [she] could make".

The constitutional limits of executive power - including whether presidents must comply with federal subpoenas or if they can be called to testify or be indicted - have yet to be settled by the high court, making Kavanaugh's views on the matter a point of keen interest for Democrats.

Democrats opposed to Kavanaugh's nomination have complained that Republicans supporting him are withholding key records from Kavanaugh's time as Bush's staff secretary, which they wanted to use as a basis to question him.

Burck said in the letter that 101,921 pages are not being given to the committee because the White House believes they are protected by presidential privilege and, after discussions with the Justice Department, "has directed that we not provide these documents for this reason".

William Burck, a lawyer charged by former President George W. Bush with reviewing the documents housed in the presidential library, disclosed the exemptions in a letter to Judiciary Committee Chairman Chuck Grassley on Friday. "If we are lucky we will see 6 percent of all of the documents ... that could be produced to reflect on Kavanaugh's true position on issues".

"President Trump's decision to step in at the last moment and hide 100,000 pages of Judge Kavanaugh's records from the American public is not only unprecedented in the history of Supreme Court nominations, it has all the makings of a cover up", he said in a statement.

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"There is a serious question as to whether this president, given the opportunity, will end the Mueller investigation, something which most Republicans and the overwhelming majority of Americans say would be a serious mistake", Sen. Ron Johnson of Wisconsin on ABC's "This Week" Sunday.

Sen. Lindsey Graham, a Republican from SC, pointed to the 308 decisions Kavanaugh wrote in his time on the D.C. Circuit Court of Appeals as enough to form a "pretty good idea of what he thinks", he said on Fox News Sunday. "We're going to have a hearing and there's no drama in this hearing", he said.

Kavanaugh will be able to pass confirmation on a simple party-line vote.

Democratic Senators Joe Donnelly in Indiana, Heidi Heitkamp in North Dakota and Joe Manchin in West Virginia all face tough re-election battles in November in states Trump won easily in the 2016 election and could face pressure from voters to approve the Trump court selection. Heidi Heitkamp of North Dakota, Sen.

Trump nominated Kavanaugh to be a justice on the U.S. Supreme Court to replace the retiring Justice Anthony Kennedy on July 9.

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