U.S. Sen. Mazie Hirono joined her Democratic colleagues on the Senate Judiciary Committee on Tuesday in objecting to the “irregular” confirmation proceedings of Supreme Court nominee Brett Kavanaugh and asking that the hearing be postponed due to concerns about limits on the committee’s access to documents.
The Trump administration has withheld more than 100,000 pages of documents related to Kavanaugh’s service as staff secretary to the White House. Democratic senators complained that 40,000 pages of documents were provided to them on the night before the hearing, not providing adequate time for review. Hirono also said that Democratic committee members were being required to get clearance from Republicans on their questions for Kavanaugh, as well as documents and video they intend to use at the hearing.
“Mr. Chairman, I don’t think it has ever been the case in a hearing like this that the members of this committee have to pre-clear what we propose to query the nominee about,” said Hirono. “That is totally unprecedented.”
Republican Committee Chairman Charles Grassley of Iowa at one point asked Hirono to stop so that the committee could proceed with the confirmation hearing. Grassley later told her that he wasn’t prepared to answer her questions about pre-clearance.
The opening of Kavanaugh’s confirmation hearing was delayed by an hour as Democrats pushed for an adjournment and shouting protesters were removed from the audience. Grassley ultimately pushed ahead with the hearing.
Hirono indicated last week that she would oppose Kavanaugh’s nomination to the court, saying he was primed to overturn Roe v. Wade and the Affordable Care Act, and roll back environmental regulations.
In her opening remarks during Tuesday’s hearing Hirono expanded upon her concerns about Kavanaugh’s political views, including his views on executive power.
“In normal times we would be here today to determine the fitness of a nominee to the Supreme Court of the United States chosen for his or her legal talent and reputation for fairness. But these are not normal times,” said Hirono. “Instead, we are here to decide whether or not to rubber stamp Donald Trump’s choice of a pre-selected political ideologue, nominated precisely because he believes a sitting president should be shielded from civil lawsuits, criminal investigation and prosecution, no matter the facts.”
Kavanaugh wrote in the Minnesota Law Review in 2009 that he believed the president should be “shielded from some of the burdens of ordinary citizenship” while in office, including responding to civil lawsuits and criminal charges.
U.S. Sen. Brian Schatz also announced on Tuesday that he would be opposing Kavanaugh’s nomination to the Supreme Court.
“I’ve seen enough. As long as
the Republicans refuse to release 96 percent of the Kavanaugh records, this process is illegitimate,” said Schatz in a statement. “Every other Supreme Court nominee has turned over nearly everything, and I am now convinced they are hiding something. I will vote no.”