The Kavanaugh Hearing: Everything You Need To Know In Real Time

So... what's going on? A Day 1 livecap.

onSeptember 4, 2018 at 11:05 AMSeptember 4, 2018 at 4:42 PM

(Photo by MANDEL NGAN/AFP/Getty Images)

The confirmation hearing to confirm Brett Kavanaugh is going on right now. Yes, the future of reproductive freedom and a host of other civil rights are on the line, but first we are going to get a lesson in Roberts Rules of Procedure. Which sounds boring, but it has been anything but that.

Democrats have been pushing for a postponement of the proceeding — after over 42,000 documents were dropped on them last night and an additional 100,000 are being withheld on executive privilege grounds. But Senator Chuck Grassley is not having any of that “fair hearing” nonsense and will charge forward despite all objections.

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Here are some of the best reactions to the proceeding on legal Twitter. We’ll be updating the post as the hearings continue.

Had the GOP just withheld all the documents, people would just tune out the Dems who've been beating that horse for weeks. Dumping 42K on them now only helps their case.

Whenever you start thinking the GOP are wily trickster geniuses they do this amateur hour stuff.

— Joe Patrice (@JosephPatrice) September 4, 2018

Live look: Senate Judiciary Committee hearing pic.twitter.com/HcKyE5yGxH

— Supreme Court Places (@SCOTUSPlaces) September 4, 2018

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The Dems persist in asking for votes on motions to adjourn or postpone, which Grassley persists in ruling out of order and just now “denied” unilaterally. Grassley has a majority on this committee and (presumably) could win these motions, but won’t agree to a test of strength.

— southpaw (@nycsouthpaw) September 4, 2018

Grassley doesn't have the votes to defeat a motion to adjourn right now. GOP Sens. Graham, Crapo, and Flake are missing, giving Democrats a 10-8 advantage at the moment. https://t.co/aTUK5svuBw

— Kevin Daley (@KevinDaleyDC) September 4, 2018

42k docs delivered just last night?

It's like prosecutors delivering Brady material. https://t.co/TQkAHv2ygv

— Jonathan Blanks (@BlanksSlate) September 4, 2018

Grassley insists the Kavanaugh documents have been turned over in a fast and transparent fashion.

Lol okay Chuck

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

I saw the kagan production of docs firsthand.

There was no withholding.

There was no exec priv claims to shield 100k docs.

There was no 42k document dump at 9pm the night before the hearing.

That is what senators Grassley and Cornyn demanded. https://t.co/Xsqqb3MQEm

— Neal Katyal (@neal_katyal) September 4, 2018

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So, after an hour, @ChuckGrassley pushes on with no vote. #confirmation

— Elie Mystal (@ElieNYC) September 4, 2018

1st question to Kav has to be: Would you delay a trial if one side dropped 42,000 documents the night before?
2nd: Out of respect for due process would YOU, judge, request a week's delay?

— Jennifer Rubin (@JRubinBlogger) September 4, 2018

With the procedural battle seemingly lost by Democrats, the opening statements by the senators have begun.

Robert Bork gets mentioned at the #ConfirmationHearing — everybody drink

— Kathryn Rubino (@Kathryn1) September 4, 2018

Feinstein now listing all the other rights protected in the penumbra of privacy rights:

Who you can marry
If you can homeschool
What doctor you can see

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

I teach civil liberties & con law. I am not ready for Justice Roberts to become the SWING vote when it comes to the rights of women, civil rights, labor…are you? #StopKavanaugh #HaltTheHearing https://t.co/ZNke5eddaq

— Megan Ming Francis (@meganfrancis) September 4, 2018

Orrin Hatch is saying this is a thorough hearing and that they've received way more documents on Kavanaugh than they have for any other nominee as if that makes a difference. Republicans are withholding 90% of the docs.

#KavanaughConfirmationHearing

— Imani Gandy o—€ (@AngryBlackLady) September 4, 2018

Hatch now invoking Kavanaugh's reviews from students calls them "off the charts" notes Kavanaugh also coaches basketball, eats pasta with ketchup

This is what the GOP believes constitutional advise and consent looks like

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

Hatch emphasizing "WOMEN" in his remarks as if they are from another planet.

— Eric Segall (@espinsegall) September 4, 2018

Odds Hatch would've used the word "loudmouth" if the protester weren't a woman? https://t.co/xNvJQ4vJJD

— Mark Joseph Stern (@mjs_DC) September 4, 2018

What does #Kavanaugh mentoring women have to do with his views on my bodily autonomy and access to the health care I need?

— Symone D. Sanders (@SymoneDSanders) September 4, 2018

Senator Hatch: "If we could just get the politics out of this." #KavanaughConfirmation @espinsegall: pic.twitter.com/BKgL4MpAV8

— Josh Douglas (@JoshuaADouglas) September 4, 2018

Such INSOLENCE shown by these women who do not want their reproductive freedom extinguished by a bare Supreme Court majority, 80% of which was selected by presidents who lost the popular vote!

— Scott Lemieux (@LemieuxLGM) September 4, 2018

I’d love to have more loudmouths who care about democracy, transparency, and fundamental fairness at the law school where I teach.

Signed,
A law professor who has served on law school admissions committees for almost a decade https://t.co/ZT2l57pz7V

— Nancy Leong (@nancyleong) September 4, 2018

For every elite female lawyer with business before the court who endorses Kavanaugh, how many Jane Does (or Jane Roes) will there be?

— Irin Carmon (@irin) September 4, 2018

Leahy: "All told, only 4% of [Kavanaugh']s White House record has been shared with the public; only 7% with the committee." In contrast, "99% of Justice Kagan's records were available to all of the public. What is being hidden and why? … It's not only shameful, it's a sham."

— Chris Geidner (@chrisgeidner) September 4, 2018

Cornyn is very upset that Dems have their minds made up on Kavnaugh based solely on his judicial record

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

"What we've heard is the noise of democracy" @SenatorDurbin on the disruptions during the #KavanaughConfirmationHearing. Learn more about the grave concerns surrounding the nominee's record: https://t.co/GjILFclvhn

— American Constitution Society (@acslaw) September 4, 2018

Merrick Garland was nominated 902 days ago. Is his hearing scheduled soon? https://t.co/Qg1Tk7IJi9

— Josh Douglas (@JoshuaADouglas) September 4, 2018

Also, since @ChuckGrassley and @SenMikeLee have already invoked the so-called "Ginsburg Rule," we look forward to Judge Kavanaugh explaining his views of equality between men and women and the right to access abortion, as then-Judge Ginsburg did: https://t.co/dcHpoMOB7k

— CAC (@MyConstitution) September 4, 2018

Two big Qs going into the first day of Kavanaugh's confirmation hearing were: 1) Could Democrats find a way to stop or postpone the hearing, and 2) Was there any indication a Republican would break ranks. From what we've seen so far, the answer to both has been no

— Zoe Tillman (@ZoeTillman) September 4, 2018

After a lunch break, the opening statements continue.

July 7: "McConnell made clear in multiple phone calls with Mr. Trump [McGahn] that the lengthy paper trail of another top contender, Judge Brett M. Kavanaugh, would pose difficulties for his confirmation." https://t.co/ABHWTZUwte Today: Nah, skip it.

— Irin Carmon (@irin) September 4, 2018

Hey Senate staffers who might have a boss that wants to question Judge Kavanaugh about is decision which will allow foreign money to flow in our elections:.read this: https://t.co/KkEMASoUev

— Rick Hasen (@rickhasen) September 4, 2018

Our report, just released by Brookings, explains why unresolved issues and still-hidden documents constitutionally REQUIRE the Senate to pause the Kavanaugh hearings:https://t.co/HKW0dpAavV via @BrookingsInst

— Laurence Tribe (@tribelaw) September 4, 2018

Cop in the Senate coffee shop tells me the number of people arrested today for protesting Kavanaugh is up to about 40, including 9 arrested in the Dirksen building.

— Stephanie Mencimer (@smencimer) September 4, 2018

Sen. Klobuchar says Kavanaugh's hearing is "not normal," pointing to the events swirling around it — from Russian interference in the election and Mueller's investigation to Trump's attacks on DOJ and federal judges who have ruled against his administration

— Zoe Tillman (@ZoeTillman) September 4, 2018

Judge Kavanaugh’s resting expression is grim. But he cracked a smile when Senator Klobuchar praised his decision to write for @MinnesotaLawRev.

— Adam Liptak (@adamliptak) September 4, 2018

Sasse says the "hysteria" isn't really about Kavanaugh, but the broader politicization of #SCOTUS: "People are gonna pretend that Americans have no historical memory and supposedly there haven’t been screaming protesters saying women are gonna die at every hearing for decades"

— Zoe Tillman (@ZoeTillman) September 4, 2018

"Judge Kavanaugh doesn't lust after dirty water and stinky air." Also a very real quote!

— Sarah Mimms (@SarahMMimms) September 4, 2018

Flake reminds everyone that Kavanaugh coaches youth basketball and enters into the record a letter of recommendation from parents of the youth teams

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

I fully endorse Brett Kavanaugh for a tenured appointment as a junior high school basketball coach

— Scott Lemieux (@LemieuxLGM) September 4, 2018

Sen. Flake read Trump's DOJ tweet from yestrdy. "That is why a lot of people are concerned about this administration and why they want to ensure that our institutions hold." Flake praises Sessions, and says he expects to question Kavanaugh closely on executive power.

— southpaw (@nycsouthpaw) September 4, 2018

Blumenthal now laying out all the possible legal issues surrounding Trump as an unindicted co-conspirator.

There are a lot

— Jessica Mason Pieklo (@Hegemommy) September 4, 2018

Richard Blumenthal asks Brett Kavanaugh to "condemn this attack on the rule of law," referring to Trump bashing the Justice Department and AG Sessions.

— Sahil Kapur (@sahilkapur) September 4, 2018

Booker reiterates the call for more time to wait for the full production of documents: "It will cause no harm or damage, except to have more of a full telling of what is at stake here."

— Zoe Tillman (@ZoeTillman) September 4, 2018

@senbooker repeats that he wouldn't even hire an intern after seeing less than 10 percent of their resume. #KavanaughHearings

— Kimberly Robinson (@KimberlyRobinsn) September 4, 2018

Who wants to tell Booker about Bush v. Gore? https://t.co/p17iTJzNiA

— Joe Patrice (@JosephPatrice) September 4, 2018

Sen. Tillis says new document software makes it easy to go through 42000 documents when given to you 9pm the night before. Can I please get that software program? I could really use it. I think others could too.

— Neal Katyal (@neal_katyal) September 4, 2018

@SenKamalaHarris makes a really good point right now, which is basically "you want us to speedread these 42K documents, but it took 57 days for these docs to even be reviewed by Burck team, seems unfair for you to want us to read these in 1 night."

— Neal Katyal (@neal_katyal) September 4, 2018

Sen. Lindsey Graham: "This is shaping up to be the hypocrisy hearing."

Chief Judge Merrick Garland, watching from his laptop in his chambers: "mmm hmmm"

— Steven Mazie (@stevenmazie) September 4, 2018

And Judge Kavanaugh (finally) begins his statement:

Today's hearing will now conclude with Judge Kavanaugh delivering his opening statement — questions will start tomorrow. Here are excerpts of Kavanaugh's remarks that the White House put out earlier today: pic.twitter.com/ukZKZWFmWA

— Zoe Tillman (@ZoeTillman) September 4, 2018

(This post originally contained tweets by and about Fred Guttenberg, father of Parkland massacre victim Jaime Guttenberg. Those are discussed in more detail here.)

Topics

Brett Kavanaugh, Confirmation Hearings, Courts, Supreme Court, Twitter

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