FORWARD TO THE UPCOMING
HEARINGS, READING THE RECORD AND
VIEWING HIM WITH AN OPEN MIND.
IS JUDGE KAVANAUGH * THE BEST
FIT FOR THE COURT?
JUSTIN AMASH JOINS KNEE ONCE
AGAIN.
YOU HAVE BEEN TWEETING YOUR
DISENCHANTSMENT WITH BRETT
KAVANAUGH AND FOR LIBERTARIANS
IT'S A MIXED BAG.
WAYS SO DISAPPOINTING ABOUT --
WHAT IS SO DISAPPOINTING ABOUT
THIS PICK?
>> I DON'T THINK YOU SHOULD
DISMISS ANY NOMINEE OUT OF HAND.
YOU SHOULD LOOK AT THE FULL
AREAS.
ONE AREA THAT WILL BE IMPORTANT
IN THE COMING YEARS IS
SURVEILLANCE AND HOW WE HANDLE
THE 4th AMENDMENT.
HE'S HAD A LOT OF BAD DECISIONS
ON THE FOURTH AMENDMENT AND HE
HAD A BAD ONE WITH RESPECT TO
THE META DATA PROGRAM.
KENNEDY: WE TALKED ABOUT IT A
LITTLE BIT LAST NIGHT IN WAS A
CONCURRENCE IN THAT DECISION ON
THIS IS ONE OF THE CRITICAL
GUIDING PRINCIPLES.
EVEN THOUGH PEOPLE LIKE TO GET
BUT HOW IS HE ON THE FIRST
AMENDMENT?
>> THERE ARE PLUSES AND MINUSES.
BUT I THINK MOST OF OF THE
PEOPLE ON THE PRESIDENT'S LIST
WILL BE PRETTY GOOD REPUBLICAN
NOMINEES.
THERE WILL BE TYPICAL REPUBLICAN
NOMINEES FOR THE HIGH COURT.
BUT THEY WILL HAVE TO DEAL WITH
THE FOURTH AMENDMENT IN THE
DIGITAL AGE.
YOU NEED TO HONE IN ON THE
FOURTH AMENDMENT ISSUE AND
UNDERSTAND JUDGE KAVANAUGH WILL
TAKE US BACKWARDS.
WE HAVE JUSTICE GORSUCH ON THE
COURT AND I THANK GOD FOR HIM.
KENNEDY: HE SAID VENTURING INTO
A PUBLIC SQUARE IS NOT THE SAME
THING AS ACROSS QUESTION ISING
PRIVATE INFORMATION AND META
DATA IS PRIVATE INFORMATION.
THEY BOTH CLERKED FOR JUSTICE
PERSONAL RELATIONSHIP BETWEEN
THE TWO, AND DO YOU THINK
GORSUCH COULD BE A MORE
LIBERTY-MINDED CONSTITUTIONAL
INFLUENCE ON KAVANAUGH?
>> I ALWAYS HOPE PEOPLE WILL BE
INFLUENCED BY PEOPLE LIKE
JUSTICE GORSUCH.
HIS RECENT OPINION WAS FANTASTIC
IN DISSENT ON CARPENTER.
HE'S PUSHING THE COURT IN THE
THE WRONG DIRECTION.
CONCERNING KAVANAUGH, HE'LL BE
DIFFICULT TO PERSUADE BECAUSE
IT'S ALREADY ON THE RECORD.
SO YOU DON'T HAVE SOMEONE WITH A
BLANK SLATE WHO CAN BE
INFLUENCED AND ISN'T BIASED BY
THEIR OWN OPINION.
KENNEDY: ARE YOU HOPING JUDGE
CAREFULLY AT HIM.
KENNEDY: DON'T TELL THEM HOW TO
VOTE.
BUT YOU HAPPEN TO BE MUCH MORE
AFTER PURIST WHEN IT COMES TO
CONSTITUTIONAL MATTERS.
WHAT ARE SOME OF THE CRITICAL
QUESTIONS THAT SENATORS HAVE TO
ASK JUDGE KAVANAUGH IN ORDER TO
GLEAN HIS LEGITIMATE PHILOSOPHY?
>> I THINK HE SHOULD BE ASKED
ABOUT THE CASE HE CITE AND THE
CASE WHICH JUSTICE GORSUCH
RECENTLY SLAMMED IN HIS DISSENT.
SO I THINK HE SHOULD BE ASKED
ABOUT HIS OPINION ON THE FOURTH
AMENDMENT GENERALLY AND WILL HE
FOLLOW THE TEXT OF THE FOURTH
REASONABLE EXPECTATION OF
PRIVACY.
THAT'S NOWHERE IN THE FOURTH
AMENDMENT.
YOU CAN READ THE TEXT AND APPLY
IT JUST HAS TO BE APPLIED TO THE
DIGITAL AGE.
PUSH KAVANAUGH ON IT.
AND THERE WILL BE PLENTY OF
POTENTIAL NOMINEES WHO WILL BE
GOOD ON A WHOLE HOST OF ISSUES.
WE NEED TO FOCUS ON THIS ISSUE.
IS THERE NOT WELL-DEVELOPED CASE
LAW, AND THIS COURT WILL MAKE A
DIFFERENCE FOR THE NEXT
GENERATION.
KENNEDY: HE'S ONLY 53 YEARS OLD.
HE HAS A HUGE PAPER TRAIL THAT'S
FOLLOWING HIM INTO THIS
CONFIRMATION PROCESS.
ARE YOU DISAPPOINTED WITH YOUR
OWN PARTY?
>> I THINK WE CAN DO BETTER THAN
KAVANAUGH.
I'M SURE HE'S BRIGHT, AND AN
HONORABLE GUY.
BUT I DON'T THINK HE WAS THE
RIGHT PICK AT THIS TIME.
YOU NEED SOMEONE LIKE JUSTICE
GORSUCH?
PRESIDENT WILL HAVE ONE MORE
SHOT.
WE ARE NOT SOOTHE SAYERS HERE.
WE ARE ONLY ANALYSTS AND THOSE
SERVING IN CONGRESS.