Prevagen. Healthier Brain. Better Life.
Better Life. >>> THE SUPREME COURT MUST
NEVER, NEVER BE VIEWED AS A
PARTISAN INSTITUTION.
PARTISAN INSTITUTION. >> WELCOME BACK.
DAY ONE OF BRETT KAVANAUGH’S
SUPREME COURT HEARING.
THERE WERE SPEECHES FROM DOZENS
OF PEOPLE ON THE JUDICIARY
COMMITTEE AND THOSE INTRODUCING
HIM.
HIM. THAT MEETING GOT HEATED QUICKLY
AS SOON AS THE HEARING WAS
STARTED, THEY WANTED DELAY TO
REVIEW TENS OF THOUSANDS OF
PAGES OF KAVANAUGH DOCUMENTS
RELEASED JUST LAST NIGHT.
>> MR. CHAIRMAN, I AGREE WITH MY
COLLEAGUE, SENATOR HARRIS.
WE HAVEN’T BEEN ABLE TO REVIEW,
AND WE BELIEVE THE HEARING --
>> I KNOW THIS IS AN EXCITING
DAY FOR ALL OF YOU HERE.
>> MR. CHAIRMAN.
IF WE CANNOT BE RECOGNIZED, I
MOVE TO ADJOURN.
>> THE AMERICAN PEOPLE --
>> MR. CHAIRMAN, I MOVE TO
ADJOURN.
ADJOURN. >> WE CANNOT POSSIBLY MOVE
FORWARD, MR. CHAIRMAN.
>> WHAT IS THE RUSH?
WHAT ARE WE TRYING TO HIDE BY
NOT HAVING THE DOCUMENTS OUT
FRONT?
FRONT? >> REPUBLICANS REFUSE TO ADJOURN
AND PROCEEDINGS GOT BACK ON
TRACK AFTER ABOUT AN HOUR OR SO
OF THAT BACK AND FORTH.
BY THE WAY, NO ONE HAS BEGUN TO
QUESTION JUDGE KAVANAUGH, TODAY
WAS OPENING STATEMENTS FROM
ANYBODY THAT WANTED TO GIVE AN
OPENING STATEMENT.
OPENING STATEMENT. THE ACTUAL QUESTIONS, THEY DON’T
BEGIN UNTIL TOMORROW.
JOINED NOW BY SENATOR SHELDON
WHITEHOUSE.
WHITEHOUSE. I KNOW YOU JUST GOT DONE.
I APPRECIATE YOU COMING HERE AND
GIVING US A FEW MINUTES.
>> GOOD TO BE WITH YOU.
>> LET ME START WITH A SIMPLE
QUESTION.
QUESTION. WHY DID YOU GUYS PARTICIPATE IN
THE HEARING, WHY DIDN’T YOU WALK
OUT?
OUT? >> I THINK WE DO A BETTER JOB
DOING OUR JOBS, MAKING OUR
ARGUMENTS THAN BY WALKING OUT.
NOBODY HAS ANSWERED THE QUESTION
WHEN WE WALK BACK.
IF THEY SIMPLY PUSH HIM THROUGH
WITHOUT OUR VOICES PRESENT IN
THE ROOM, I DON’T THINK THAT
HELPS.
HELPS. I’M NOT SURE WHERE THE WALKING
OUT IDEA HAS COME FROM, BUT I’M
NOT A PROPONENT OF IT.
WE HAVE A FIGHT IN FRONT OF US,
AND IF WE’RE NOT IN THE ROOM,
THAT’S NOT GOING TO DO ANYBODY
ANY GOOD.
ANY GOOD. >> THE ARGUMENT THE LEFT WILL
MAKE, THOSE IN THE SORT OF
AGGRESSIVE PROGRESSIVE I GUESS
WE SHOULD CALL THEM, THIS WING
OF THE PARTY WILL SAY MITCH
McCONNELL WOULD HAVE PULLED OUT
ANY STOP TO DELAY DELAY DELAY,
DO WHATEVER IT TAKES.
SENATE DEMOCRATS NEED TO DO
WHATEVER IT TAKES.
>> MITCH McCONNELL HAD THE
BENEFIT OF BEING THE MAJORITY
LEADER.
LEADER. >> I TAKE YOUR POINT ON THAT.
>> OUR ONLY TOOL IS OUR VOICE.
AND I FOR ONE AM PROUD OF THE
WAY THE DEMOCRATS IN THE
JUDICIARY COMMITTEE MADE OUR
VOICES HEARD TODAY, BOTH ABOUT
KAVANAUGH AND ABOUT THE SPED UP
RAM JOB PROCEDURAL PROCESS THAT
WE’RE ENGAGED IN, AND ABOUT THE
LARGER PROBLEM OF BIG CORPORATE
SPECIAL INTEREST CAPTURE OF THE
COURTS.
COURTS. I THINK THOSE ARE THE IMPORTANT
ISSUES.
ISSUES. AND THOSE ARE THE THINGS WE NEED
TO CONTINUE TO BATTLE ON TODAY
THROUGH THE QUESTIONING TOMORROW
AND THE DAY AFTER, THROUGH OUR
STATEMENTS AFTERWARDS, THROUGH
OUR MARKUP ON THIS NOMINEE,
THROUGH THE FLOOR.
WE NEED TO BE DEPLOYING OUR
VOICES, NOT RUNNING AWAY.
>> DOING IT SOUNDS LIKE WOULD BE
REFERRED TO AS REGULAR ORDER IS
THE WAY TO LOOK AT IT?
>> WELL, I DON’T KNOW THAT
REGULAR ORDER WAS WHAT WE SAW
TODAY, BUT WE WERE CERTAINLY I
THINK WITHIN OUR RIGHTS AS
SENATORS TO ASK FOR AN
ADJOURNMENT TO SEEK VOTES AND WE
WERE I THINK GIVEN VIRTUALLY NO
GOOD ARGUMENTS ON THE OTHER SIDE
AS TO WHY THOSE THINGS SHOULDN’T
HAPPEN.
HAPPEN. THEY JUST RULED AGAINST US
PROCEDURALLY EVERY TIME AND
MOVED ON.
MOVED ON. >> WHAT DOES THAT TELL YOU?
I TAKE IT THAT MUST BE VERY
FRUSTRATING.
FRUSTRATING. >> WHAT IT TELLS ME IS THIS IS
MORE POLITICALLY IMPORTANT TO
THE REPUBLICANS THAN PROBABLY
ANYTHING THEY’VE DONE, INCLUDING
THE BIG TAX GIVE AWAY THAT THEY
PASSED SOME MONTHS AGO, TO
RESTORE THAT FIFTH REPUBLICAN
VOTE ON THE COURT SO THE COURT
CAN KEEP DELIVERING PARTISAN 5-4
DECISIONS THAT ARE SUCH A BOONE
FOR THE TOP REPUBLICAN
INTERESTS, THEY’RE GOING TO LET
NOTHING DISSUADE THEM, WHICH
MAKES OUR VOICES CALLING IT OUT
ALL THE MORE IMPORTANT.
>> SOME WOULD SAY VOICES ARE ONE
INNING,
INNING, THING, BUT I TAKE YOUR POINT, I
DON’T KNOW BEYOND GUMMING UP THE
WORKS A COUPLE OF DAYS, I DON’T
KNOW WHAT DELAYING WOULD DO, BUT
THAT’S WHAT SOME WOULD ARGUE,
GUM UP THE WORKS.
THIS IS THAT IMPORTANT TO THEM.
MAKE IT --
>> IT DOESN’T GUM UP THE WORKS
NOT TO BE THERE.
YOU’VE GOT TO BE IN THE ARENA IF
YOU’RE GOING TO HAVE ANY EFFECT.
>> HOW DO YOU WIN AN ARGUMENT
ABOUT DOCUMENT PRODUCTION WITH
THE AMERICAN PEOPLE?
>> I THINK BY CONTINUING TO
EMPHASIZE I HAD A DEMOCRATIC
COLLEAGUE SAY THAT SHE HAD BEEN
HOME AND THAT A LOT OF PEOPLE IN
HER HOME STATE WERE TALKING
ABOUT THIS.
ABOUT THIS. I WAS AT THE McCAIN SERVICE MOST
OF THE WEEKEND, SO I HAVE NOT
BEEN GETTING AS MUCH HOME STATE
NEWS, BUT I THINK THE AMERICAN
PUBLIC ARE GETTING THAT THERE’S
SOMETHING FUNDAMENTALLY UNFAIR
ABOUT A LAST MINUTE 42,000 PAGE
DOCUMENT DUMP, ABOUT SELECTING
WHICH 10% OF THE RECORDS YOU’LL
LET THE OTHER SIDE SEE.
AND CERTAINLY ANYBODY THAT’S
EVER LITIGATED A CASE KNOWS
PERFECTLY WELL YOU’RE SUPPOSED
TO GO TO TRYING THE NEXT DAY, ON
THE NIGHT BEFORE TRIAL BEGINS
YOU GET A 42,000 PAGE DOCUMENT
DUMP, FIRST THING YOU DO IS GO
TO COURT AND SAY I NEED A
CONTINUANCE, AND ANY DECENT
JUDGE IN THE COUNTRY WOULD GIVE
YOU THAT CONTINUANCE.
>> SHE INDICATED SHE READ PAPERS
OF KAVANAUGH YOU’RE NOT ALLOWED
TO RELEASE TO THE PUN,BLIC BUT
THAT YOU AND THE COMMITTEE CAN
SEE,
SEE, SEE.
SEE. FROM WHAT YOU HAVE GONE THROUGH
OF THE RECORD WE IN THE PUBLIC
ARE NOT ALLOWED TO SEE BUT YOU
ARE, HAVE YOU SEEN ANYTHING YOU
WOULD ARGUE IS DISQUALIFYING?
>> THERE’S NO SINGLE FATAL
SMOKING GUN THAT WOULD CAUSE THE
REPUBLICANS TO BACK AWAY FROM
HIM THAT I HAVE SEEN.
THERE ARE AN ARRAY OF E-MAILS
AND COMMUNICATIONS THAT SHOW
PARTICULARLY HIS INTEGRATION
WITH LEONARD LEO AND FEDERALIST
SOCIETY AND ADD TO A STRONG
NARRATIVE THAT THIS IS THE BIG
REPUBLICAN INTEREST BEHIND THE
FEDERALIST SOCIETY, ACTUALLY
SEIZING THE COURT.
YOU HAVE McGAHN HAVING ADMIT
THEY IN SOURCED THE FEDERALIST
SOCIETY TO MAKE THE SELECTION.
YOU’VE GOT KAVANAUGH DOING 50
SPEECHES TO THE FEDERALIST
SOCIETY.
SOCIETY. >> THAT WOULD BE WHAT, I MEAN,
WHY DOES THAT MATTER SO MUCH?
>> BECAUSE IT MEANS YOU’RE NOT
AN INDEPENDENT JUDICIARY.
>> IT IS PRETTY CLEAR THAT
PRESIDENTS ARE PICKING PEOPLE
THAT PHILOSOPHICALLY BELIEVE IN
SORT OF THEIR INTERPRETATION OF
THE CONSTITUTION, SO THAT
SHOULDN’T BE A SURPRISE, SHOULD
IT NOT?
IT NOT? >> I THINK IF PRESIDENT OBAMA
HAD BROUGHT IN THE PRESIDENT OF
THE AMERICAN CIVIL LIBERTIES
UNION AND SAID I’M LETTING YOU
MAKE CHOICES OF WHO I PUT ON THE
SUPREME COURT AND NONE OF US ARE
GOING TO TELL THE PUBLIC WHO’S
IN THE ROOM WHILE YOU VET THE
CANDIDATES, SEE WHAT PROMISES
ARE MADE, THE 11 REPUBLICAN
HEADS ON THE JUDICIARY COMMITTEE
WOULD HAVE EXPLODED.
AND THE FACT THAT THEY ARE JUST
ROLLING WITH THESE PUNCHES I
THINK IS A SIGN THAT THE BIG
INTERESTS BEHIND THE FEDERALIST
SOCIETY, BEHIND KAVANAUGH ARE
ALSO BEHIND ALL THESE SENATORS
AND NOBODY WANTS TO QUARREL WITH
THE BIG FUNDERS OF THEIR PARTY.
IT IS ALL LINE UP, SALUTE, DRIVE
THIS GUY ONTO THE COURT.
>> YOU’RE ONE OF THE MORE
THOROUGH LEGAL MINDS I
INTERVIEWED IN THE SENATE.
I THINK THAT’S WHY YOU’RE ON
JUDICIARY, I KNOW YOU WERE STATE
ATTORNEY GENERAL, YOU SORT OF --
THIS IS YOUR HOME TURF.
HELP THE VIEWER TOMORROW.
WHEN VARIOUS SENATORS ASK THE
QUESTION ABOUT SETTLED LAW, WHAT
SHOULD THEY BE LISTENING FOR
WHEN IT COMES TO IF THEY HAVE --
IF THEY CARE ABOUT THE ROE
DECISION?
DECISION? >> THE PHRASE SETTLED LAW
BASICALLY MEANS THAT THERE HAS
BEEN A MAJORITY DECISION OF THE
UNITED STATES SUPREME COURT THAT
STILL STANDS.
STILL STANDS. IN THAT SENSE IT IS SETTLED LAW.
THE MAGIC WORDS THAT PEOPLE THAT
CARE ABOUT ROE V WADE SHOULD BE
LOOKING FOR IS ALSO THE
ACCEPTANCE THAT IT WAS CORRECTLY
DECIDED.
DECIDED. BECAUSE IF IT IS KAVANAUGH’S
VIEW THAT ROE V WADE, ALTHOUGH
SETTLED, WAS NOT CORRECTLY
DECIDED, THEN HE IS VERY LIKELY
TO BE A VOTE TO REPEAL OR UNDO
IT.
IT. YOU NEED TO NOT ONLY HAVE IT BE
SETTLED, BUT BELIEVE IT WAS
CORRECTLY SETTLED TO HAVE ANY
CONFIDENCE PARTICULARLY AGAINST
PRESIDENT TRUMP’S ASSERTION THAT
KAVANAUGH IS PUT ON THE COURT TO
UNDO ROE V WADE.
>> FOR YOU THAT’S THE CODE WORD
TO LISTEN TO TOMORROW, HOW WILL
HE ANSWER THAT QUESTION.
>> CORRECTLY WORDED.
>> SHELDON WHITEHOUSE, DEMOCRAT
FROM RHODE ISLAND.