by Joseph Klein
The Left's totalitarian face unveiled for all to see.
The first day of Judge Brett Kavanaugh’s Supreme Court
confirmation hearing began with fireworks from Senate Democrats on the
Senate Judiciary Committee and screeching protesters in the audience.
Just as the chairman of the committee, Senator Grassley (R-Iowa), began
to deliver his opening statement, Democratic California Senator Kamala
Harris interrupted. The potential 2020 Democratic presidential contender
declared, “We cannot possibly move forward." Her Democrat colleagues on
the Senate Judiciary Committee joined the fray in what appeared to be a
pre-planned strategy to sabotage the proceedings, defying all norms of
Senate decorum. They disgraced themselves but failed to stop the
hearing.
Chairman Grassley patiently
listened to the Democrats’ repeated recitations of their talking points
amidst loud shrieks by hecklers. Several Democrats made motions to
adjourn or delay the hearing on the spurious grounds that they have not
had enough time to review documents pertaining to the days of Judge
Kavanaugh’s service during former President George W. Bush 's
administration, including 42,000 pages released by lawyers for Mr. Bush
the day before the commencement of the hearing. Democrats also
complained about the decision to withhold from Senate Judiciary
Committee review 101,921 pages of documents on the grounds they are
protected by constitutional privilege and that others were produced for
the committee’s use on a confidential basis. In making his own motions
to adjourn, Senator Richard Blumenthal (D-Conn.) said that if the
confirmation continued, "this process will be tainted and stained
forever."
Senator Grassley let the
Democrats drone on for more than an hour while managing to prevent the
confirmation hearing from turning into an exercise of what Texas
Republican Senator John Cornyn feared could devolve into “mob
rule.” Senator Grassley pointed out that over 400,000 pages of documents
were produced, more than have been produced with respect to any prior
Supreme Court nominee. More than 300 of Judge Kavanaugh’s opinions and
law review articles have also been available for senators to peruse and
use in evaluating Judge Kavanaugh’s legal reasoning and perspective on
many issues. Chairman Grassley then firmly denied the Democrats’ motions
for delay or adjournment of the hearing despite their insistent
demands. “We have said for a long period of time that we were going to
proceed on this very day and I think we ought to give the American
people the opportunity to hear whether judge Kavanaugh should be on the
Supreme Court or not,” Chairman Grassley said.
Once the normal hearing session got underway, the members of the
Senate Judiciary Committee proceeded to deliver their opening
statements. In his prepared remarks, Senator Grassley said, “We are here
this week to hear from Brett Kavanaugh, to hear about his exceptional
qualifications, his record of dedication to the rule of law, and his
demonstrated independence and his appreciation of the importance of the
separation of powers.” Judge Kavanaugh is "the kind of judge Americans
want on the Supreme Court," he added, describing his qualifications,
experience and his judicial philosophy based on respect for the rule of
law and the notion that “the role of the judge is to apply the law as
written.” Senator Grassley also defended the fairness and transparency
of the confirmation process, taking Democrats to task for trying "tactic
after tactic to delay and obstruct" Judge Kavanaugh's confirmation.
Senator Grassley’s Republican colleagues largely echoed Senator
Grassley’s sentiments, bestowing lavish praise on Judge Kavanaugh for
his judicial record and criticizing the Democrats’ obstructionist
tactics. Senator Orrin Hatch (R-Utah), for example, said that Democrats
were “turning the volume up to 11” and trying to portray Judge Kavanaugh
as the “four horseman of the apocalypse.” Addressing Judge Kavanaugh,
who sat stone-faced during the back-and-forth amongst the senators,
Senator Hatch said, “I’m sorry you’re going to have to go through some
of this nonsense that’s coming your way.”
Senator Lindsey Graham, (R-S.C.) called Tuesday's session the "hypocrisy
hearing" and lectured Democrats that elections have consequences, a
message that former President Obama emphasized at the outset of his
presidency. "If you want to pick judges from your way of thinking you
better win an election," Senator Graham said.
Senator Ben Sasse (R-Neb.) said the attacks on Judge Kavanaugh are
"patently absurd," and assured the judge, as he was silently absorbing
all the Democrats' barbs, that the "deranged comments actually don’t
have anything to do with you.” Senator Sasse observed that the
confirmation process has become too politicized, reflecting the fact
that Congress has too often shirked its legislative responsibilities and
expected the judiciary to resolve political issues. "We look for nine
justices to try to right the wrongs from other places in the process,"
he said. Senator John Kennedy (R-La.) agreed with Senator Sasse on the
proper role of judges in interpreting the law as written, not as they
think it should be. "I'm not looking for a hater, what I am looking for
is someone who is whip smart," he quipped.
California Senator Dianne Feinstein, the Democrat ranking member of the
committee, complained in her opening statement about the lack of time
and opportunity to review relevant documents from Judge Kavanaugh’s days
serving in the George W. Bush White House. "It's not to create a
disruption," she said. "It's not to make this a very bad process. It is
to say, 'Majority, give us the time to do our work so that we can have a
positive and comprehensive hearing on the man who may well be the
deciding vote for many of Americans' futures.’"
Senator Feinstein then rejected as inadequate Judge Kavanaugh’s
quoted statement that Roe v. Wade, establishing a woman’s right to
abortion as a constitutional right, is “settled law.” She said that the
real question is whether Judge Kavanaugh believes it "is correct law."
Senator Feinstein also pointed to other fundamental issues of concern
where Judge Kavanaugh, if confirmed, could represent the “pivotal” vote.
For example, she claimed that Judge Kavanaugh is “far outside the
mainstream” with respect to his views on the Second Amendment’s
guarantee of the right to keep and bear arms. She said her “worry”
overall is “that it is so important to preserve a multi-ethnic,
multi-religious, multi-economic a court that really serves the people
and really serves this great democracy.”
Senator Dick Durbin (D-Illinois) incredibly defended the incessant
heckling from protesters in the audience as evidence of America’s open
society. “What we’ve heard is the noise of democracy. This is what
happens in a free country when people can stand up and speak,” he said.
“It is not mob rule.” With his defense of repeated disruptions of the
Senate’s deliberations, attempting to deny other members of the public
the ability to hear the proceedings of their elected representatives,
Senator Durbin has aligned himself with tactics used by radicals to
prevent speech they dislike at universities and other forums.
Senator Durbin went on to accuse Judge Kavanaugh of misrepresenting
his role in connection with advice in the George W. Bush White House on
detention and alleged torture during his testimony for confirmation to
the D.C. Circuit Court of Appeals. He questioned Judge Kavanaugh’s views
on the scope of executive power, which he claimed far exceeded the
fundamental principle of separation of powers. Senator Durbin questioned
why Judge Kavanaugh’s supporters appeared to be hiding documents that
could shed light on the judge’s entire career in public service. He
concluded his opening statement by calling upon Judge Kavanaugh to ask
the Senate Judiciary Committee to "suspend” until all of his documents
are publicly released.
Senator Patrick
Leahy (D-Vermont) began his remarks by questioning President Trump’s
motives in nominating Judge Kavanaugh in the first place. He said the
president was no doubt “intrigued” by Judge Kavanaugh’s “expansive view
of executive power — and executive immunity.” Addressing Judge
Kavanaugh, Senator Leahy referred to what he characterized as the
judge’s “unorthodox position that presidents should not be burdened with
a criminal or civil investigation while in office.” He added, “I find
it difficult to imagine that your views on this subject escaped the
attention of President Trump, who seems increasingly fixated on his
ballooning legal jeopardy.”
As to the
confirmation hearing itself, Senator Leahy said it was “not only
shameful, it’s a sham.” He claimed that over his 44 year Senate career
the Kavanaugh confirmation hearing is the “most incomplete, most
partisan...for any supreme court nominee that I’ve ever seen and I’ve
seen more of those than anyone serving in the senate today.” While
complaining like his Democrat colleagues about allegedly unprecedented
gaps in document production, Senator Leahy was not at all disturbed when
the Obama administration produced no documents from Justice Kagan’s
years in the Solicitor General’s office that were far more relevant than
a staff secretary’s documents.
Senators
Harris, Blumenthal, Chris Coons of Delaware, Amy Klobuchar of
Minnesota and Corey Booker of New Jersey were among other Democrats
trying to paint Judge Kavanaugh as too beholden to President Trump,
who they intimated may be looking for protection from legal jeopardy in
return for selecting the judge for the Supreme Court. "I am concerned
your loyalty will be to the president who appointed you and not to the
Constitution," Senator Harris said. Senator Klobluchar was even more
direct. She said that "the president has handpicked a nominee to court
with the most expansive view of presidential power possible. A nominee
who has actually written that the president on his own can declare laws
unconstitutional."
Finally, it was Judge
Kavanaugh's turn to deliver his opening remarks to the Senate Judiciary
Committee. "The Supreme Court must never, never be seen as a partisan
institution," he said - words that have too often fallen on deaf ears.
He pledged to be a “team player” and a "pro-law judge" if he is
confirmed. "A good judge must be an umpire - a neutral and impartial
arbiter who favors no litigant or policy," Judge Kavanaugh said. "I am
not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution
or pro-defense judge." He spoke eloquently of his reverence for the
Constitution. "If confirmed to the Supreme Court, I will keep an open
mind in every case," Judge Kavanaugh said. "I will do equal right to the
poor and to the rich. I will always strive to preserve the
Constitution of the United States and the American Rule of Law." There
is nothing in Judge Kavanaugh's many opinions during his 12 years on the
D.C. Circuit Court of Appeals to indicate that Judge Kavanaugh would do
anything less as a Supreme Court justice.
The confirmation hearing was adjourned until Wednesday when the
questioning of Judge Kavanaugh will begin. Chairman Grassley said the
committee will vote on Judge Kavanaugh's nomination next week on Sept.
13th. The Democrats disgraced themselves on the first day of the
hearing. They encouraged the forces in favor of mob rule and disruption
of orderly proceedings. Their questioning is likely to follow the same
path.
Source: https://www.frontpagemag.com/fpm/271239/democrats-ruckus-kavanaugh-confirmation-hearing-joseph-klein
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