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Desperate Democrats Push Kavanaugh Fishing Expedition

- September 6, 2018

DEMOCRATS CONTINUE TO THROW A TANTRUM ABOUT IRRELEVANT RECORDS IN A SAD ATTEMPT TO OBSTRUCT JUDGE KAVANAUGH'S CONFIRMATION

Sen. Schumer Already Admitted He Was Requesting An Unprecedented Amount Of Records Simply To Try And Convince Others To Oppose The Confirmation Of Brett Kavanaugh

Sen. Chuck Schumer (D-NY) Admitted That The Sole Purpose For Demanding The Documents Was To Try And "Persuade Some Others To Vote Against" Judge Kavanaugh's Confirmation. SEN. CHUCK SCHUMER (D-NY): "The American people are entitled, if those documents come out it will persuade others maybe to vote against him." (Sen. Chuck Schumer. Remarks At Press Conference , Washington, DC, 8/16/18)

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What's Worse, The Records Democrats Are Demanding Are Completely Irrelevant To Understanding Judge Kavanaugh's Approach To The Law And Would Waste Time And Taxpayers' Money

From July 2003 To May 2006, Judge Kavanaugh Worked As President Bush's Staff Secretary, The Person Who Controls The Flow Of Documents To And From The President. "Kavanaugh spent nearly three years, from July 2003 to May 2006, as staff secretary, the person who controls the flow of documents to and from the president, including ensuring relevant people have weighed in and channeling the president's questions and comments on that material to the right people." ("Access To Kavanaugh's Staff Secretary Work Becomes Flashpoint For Senators," The Associated Press , 7/27/18)

  • The Position Has Been Called The President's "Inbox And Outbox" And Has Now "Become A Flashpoint" Of Judge Kavanaugh's Confirmation. "More than a decade after he served as what's been called the president's 'inbox and outbox,' Brett Kavanaugh's role as White House staff secretary to President George W. Bush has become a flashpoint as Republicans push his confirmation to the Supreme Court." ("Access To Kavanaugh's Staff Secretary Work Becomes Flashpoint For Senators," The Associated Press , 7/27/18)

Democrats Have Demanded To See Records From This Time, Which They Claim Would Portray "Millions Of Documents As Vital To Understanding His Approach To The Law." "Democrats want to see records from the time, portraying the potentially millions of documents as vital to understanding his approach to the law. Republicans disagree and have accused Democrats of using the issue to try to delay Kavanaugh's confirmation." ("Access To Kavanaugh's Staff Secretary Work Becomes Flashpoint For Senators," The Associated Press , 7/27/18)

During Judge Kavanaugh's Time As Staff Secretary, He Accumulated Approximately 2,935,000 Pages Of Documents, Including Hundreds Of Thousands Of Pages Of Emails. "And in three years as Bush's staff secretary, Kavanaugh accumulated about 2,935,000 pages of documents, including hundreds of thousands of pages of emails." (Seung Min Kim, "Clearinghouse For Kavanaugh Documents Is A Bush White House Lawyer, Angering Senate Democrats," The Washington Post , 8/15/18)

Sen. Grassley Said Democratic Leaders' Demand To "Access To Every Page From Every Email And Every Paper Record" Would Include "Records That Merely Mention Judge Kavanaugh's Name And Records He's Never Seen." "'Democratic leaders are demanding access to every page from every email and every paper record from every one of the hundreds of White House aides who came and went during the entire eight years of President Bush's time in office,' Grassley wrote. 'This includes records that merely mention Judge Kavanaugh's name and records he's never seen.'" (Pete Kasperowicz, "Chuck Grassley Rejects Democrats' 'Fishing Expedition' On Brett Kavanaugh," Washington Examiner , 8/7/18)

  • Sen. Grassley Pointed Out That Granting Access To These Documents Would Be A "Waste Of Time" And A Waste Of "Taxpayer's Money." "On the Republican side, Grassley has said the most valuable documents revealing Kavanaugh's legal thinking are his more than 300 judicial opinions while documents from Kavanaugh's time as staff secretary are the 'least relevant' to his legal thinking. Describing the staff secretary position as the 'inbox and outbox of the Oval Office,' he said the occupant's job is not to 'provide his own substantive work product' but to ensure the president 'sees memos and policy papers' produced by other White House offices. Reviewing the documents would be a 'waste of time' and taxpayers' money, he said." ("Access To Kavanaugh's Staff Secretary Work Becomes Flashpoint For Senators," The Associated Press , 7/27/18)

Sen. Amy Klobuchar (D-MN) Claimed That These Documents Are "Very Interesting," Yet Was Unable To Assert That Any Of These Documents Would Make Judge Kavanaugh "Unqualified For The Job." SEN. AMY KLOBUCHAR (D-MN): "They've exerted their executive power. 148,000 documents that I've seen that you cannot see because they won't allow us to make them public. So I can't even tell you about them right now on the show." NBC's CHUCK TODD: "Do you think any of these documents could make him unqualified for the job?" KLOBUCHAR: "I think that you could ask some very interesting questions about these documents that I am unable to even say because I'm not able to make them public. And I don't know what the result would be of a hearing. We have had nominees like -." TODD: "So, it raises questions to you about his policy? What you have seen in these papers that we have not seen, it actually raises doubts in your mind about Kavanaugh's ability to be a fair justice?" KLOBUCHAR: "It would certainly bolster the, strongly bolster the arguments that I could make." (NBC's "Meet The Press," 9/2/18)

Democrats, Such As Sens. Feinstein And Schumer, Have Even Admitted That A Judge's Record On The Bench "Would Be Most Informative" For Senators

In 2006, Sen. Dianne Feinstein (D-CA) Suggested To Kavanaugh, Then A Nominee For The D.C. Circuit, That His Record "As A Judge" Would Be Most Informative For "Us To Know What Kind Of A Judge You Would Be." "In 2006, Sen. Dianne Feinstein (D-CA) had a telling exchange with Brett Kavanaugh during his confirmation hearing to join the D.C. Circuit. The exchange indicates she should be fine with examining his extensive judicial record for the Supreme Court confirmation effort, instead of demanding every email in which Kavanaugh was ever included. From the May 9 hearing: 'Without a record either as a trial lawyer or as a judge, it's very difficult for some of us to know what kind of a judge you would be and whether you can move away from the partisanship and into that arena of objectivity and fairness.' Since that hearing, Kavanaugh has been confirmed to the D.C. Circuit, and has served more than a decade there." ("Should 2018 Dianne Feinstein Observe 2006 Dianne Feinstein's Standards For Kavanaugh?" NTK Network , 7/27/18)

In 2009, Sen. Schumer Told Then-Judge Sonia Sotomayor That Her "Record On The Bench" Was "The Best Way To Get A Sense Of What [Her] Record Will Be On The Bench In The Future." "So now I'm going to go onto that line of question. We've heard you asked about snippets of statements that have been used to criticize you and challenge your impartiality, but we've heard precious little about the body and totality of your 17-year record on the bench, which everybody knows is the best way to evaluate a nominee. … And by focusing on these few statements, rather than your extensive record, I think some of my colleagues are attempting to try and suggest that you might put your experiences and empathies ahead of the rule of law, but the record shows otherwise. And that's what I now want to explore. Now, from everything I've read in your judicial record and everything I've heard you say, you put rule of law first, but I want to clear it up for the record, so I want to talk to you a little bit about what having empathy means, and then I want to turn to your record on the bench, which I believe is the best way to get a sense of what your record will be on the bench in the future." ("Sotomayor Hearings: The Complete Transcript -- Part 4," Los Angeles Times , 7/14/09)

Legal Experts Agree That These Records Wouldn't "Tell Senators Anything About [Judge Kavanaugh], His Judicial Philosophy, Or His Fitness To Serve On The Supreme Court"

Law Professor At George Mason's Law School Joshua Wright Said Sen. Schumer Is "Demanding Millions Of Irrelevant Documents" That "Won't Tell Senators Anything About [Judge Kavanaugh], His Judicial Philosophy, Or His Fitness To Serve On The Supreme Court." "Now, Senator Schumer, the Democratic Minority Leader, is attempting to delay the hearing by demanding millions of irrelevant documents during Judge Kavanaugh's time as Staff Secretary in the White House. In that capacity, Kavanaugh certainly left a substantial paper trail. An enormous volume of documents 'circulated through Kavanaugh's office'; that is the nature of the job. But most won't tell senators anything about him, his judicial philosophy, or his fitness to serve on the Supreme Court." (Joshua D. Wright, Op-Ed, "Dems Should Drop Delay Tactics & Evaluate Kavanaugh On The Merits," RealClearPolicy , 8/13/18)

Law Professor At The University Of Notre Dame Rick Garnett Said It Was "Not Obvious To [Him] Why All This Paperwork Is Relevant" As To Whether Judge Kavanaugh Should Be Confirmed Since "It's Not His Work Product." "'If the question is whether Kavanaugh should be confirmed, that's the question,' said Rick Garnett, a law professor at the University of Notre Dame. 'It's not obvious to me why all this paperwork is relevant to that question since it's not his work product.'" (Seung Min Kim, "Clearinghouse For Kavanaugh Documents Is A Bush White House Lawyer, Angering Senate Democrats," The Washington Post , 8/15/18)

Edwin Meese, The Former Attorney General To President Ronald Reagan, Said Democratic Senators "Have The Time And The Material," And Therefore, Have "No Excuse To Obstruct [Judge Kavanaugh's] Prompt Confirmation." "Edwin Meese, the former attorney general to President Ronald Reagan, said, 'Democratic senators have the time and they have the material. They have no excuse to obstruct his prompt confirmation.'" ("Memo Shows Supreme Court Nominee Brett Kavanaugh Resisted Indicting A Sitting President," The Associated Press , 8/11/18)

Potomac Strategy Group President Matt Mackowiak Said "Not Only Are These Records Not Relevant To [Judge Kavanaugh's] Legal Thinking, They Are Sensitive Matters To The Executive Branch And Thus To The Separation Of Powers." "Staff secretary is an important and sensitive position, but those documents are not his work product and tell senators nothing about his judicial approach or legal thinking. The position of staff secretary exists for one main purpose: To ensure that relevant federal officials have weighed in with their views on any paper that the president sees. The position is essentially a traffic cop for paperwork and memos. Not only are these records not relevant to his legal thinking, they are sensitive matters to the executive branch and thus to the separation of powers." (Matt Mackowiak, Op-Ed, "Democrats Making Absurd Transparency Criticisms Over The Kavanaugh Confirmation Process," The Washington Times , 8/15/18)

Ultimately, Democrats' Fishing Expedition Has Fallen Flat With About 300,000 Records Released To The Public And His Nomination Being Called "The Most Transparent In History"

In August, The GOP Majority On The Senate Judiciary Committee Began "Producing A Steady Stream Of Kavanaugh Documents," Which Will Total Nearly One Million By The End Of The Month. "The GOP majority on the Senate Judiciary Committee has begun producing a steady stream of Kavanaugh documents they say will total nearly 1 million by the end of August, just days before the start of his confirmation hearing on Sept. 4." (Igor Bobic, "Republicans Are Using An Unprecedented Partisan Vetting Process To Rush Brett Kavanaugh's Confirmation," Huffington Post , 8/16/18)

Nearly 268,000 Pages Of Judge Kavanaugh's White House Counsel Records Have Been Released To The Public. "To date, President Bush's representatives have authorized five public releases of Judge Kavanaugh's White House Counsel records, totaling nearly 268,000 pages, in addition to the more than 20,000 pages of documents from the Office Of the Independent Counsel also available to the public." (Sen. Chuck Grassley, Letter To Sen. Dianne Feinstein, 8/28/18)

There Have Been 20,000 Pages Of Documents From The Office Of The Independent Counsel Released To The Public. "To date, President Bush's representatives have authorized five public releases of Judge Kavanaugh's White House Counsel records, totaling nearly 268,000 pages, in addition to the more than 20,000 pages of documents from the Office Of the Independent Counsel also available to the public." (Sen. Chuck Grassley, Letter To Sen. Dianne Feinstein, 8/28/18)

The Committee Has Also Made Public Judge Kavanaugh's 17,000-Page Questionnaire And His More Than 300 Court Cases As An Appellate Judge. "So far, the committee has made public Kavanaugh's 17,000-page questionnaire and his more than 300 court cases as an appellate judge. The panel has additionally received 174,000 pages from his work for Bush in the White House counsel's office." ("Memo Shows Supreme Court Nominee Brett Kavanaugh Resisted Indicting A Sitting President," The Associated Press , 8/11/18)

Approximately 480,000 Pages Have Been Released To The Senate Judiciary Committee For Their Review. "A spokesman for the Senate Judiciary Republicans said the amount of documents, including Monday's additions, is more than the last five confirmed nominees combined. Judiciary Republicans said they would be able to review the new documents without 'issue.' 'The Committee received another document production today, bringing the total volume of Executive Branch records to more than 480,000 pages, dwarfing the total Executive Branch material for the last five confirmed nominees combined.'" (Cheyenne Haslett, "Democrats Raise Alarm After 42K Kavanaugh Documents Released Night Before Hearing," ABC News , 9/3/18)

The Number Of Documents Regarding Judge Kavanaugh's Confirmation Is "At Least Five Times More Than The Past Two Nominees" And Is "More Than Any High Court Nominee In History." "The sheer number of documents is at least five times more than the past two nominees to the high court to be confirmed, and Judiciary Committee Chairman Chuck Grassley, R-Iowa, has said it's more than any high court nominee in history." (Donovan Slack, "103,000 Documents From Brett Kavanaugh's Tenure During George W. Bush Administration Released," USA Today , 8/12/18)

  • Senators Reviewed Approximately 182,000 Pages Of Documents On Justice Neil Gorsuch And Approximately 170,000 On Justice Elena Kagan. "Senators reviewed about 182,000 pages of documents on Neil Gorsuch and about 170,000 pages on Elena Kagan." (Donovan Slack, "103,000 Documents From Brett Kavanaugh's Tenure During George W. Bush Administration Released," USA Today , 8/12/18)
  • Chief Justice John Roberts' Nomination Had A Paper Trail Of 70,000 Pages. "The paper trail for Kavanaugh is significantly greater than that of previous Supreme Court nominees who had also worked in a White House, such as Justice Elena Kagan (170,000 pages) and Chief Justice John G. Roberts Jr. (70,000 pages)." (Seung Min Kim, "Clearinghouse For Kavanaugh Documents Is A Bush White House Lawyer, Angering Senate Democrats," The Washington Post , 8/15/18)

(Senate Judiciary Committee, Twitter Feed , 9/4/18)

The Wall Street Journal Wrote That Judge Kavanaugh's Confirmation Was "Fast Becoming The Most Transparent In History." "Judge Kavanaugh's confirmation is fast becoming one of the most transparent in history. The Obama White House provided 173,000 documents on Ms. Kagan and the Trump White House produced 182,000 for the Gorsuch nomination. The White House has already turned over 195,000 on Judge Kavanaugh, with tens of thousands more to come." (Editorial, "The Kavanaugh Document Fight," The Wall Street Journal , 8/13/18)

Professor Of Law At George Mason's Scalia Law School Joshua Wright Said Sen. Grassley "Is Leading A Very Transparent And Fair Nomination Process." "The Chairman of the Senate Judiciary Committee, Senator Chuck Grassley, is leading a very transparent and fair nomination process. Senator Grassley has requested up to one million documents and is giving senators ample time to review them."(Joshua D. Wright, Op-Ed, "Dems Should Drop Delay Tactics & Evaluate Kavanaugh On The Merits," RealClearPolicy , 8/13/18)

Attorney Dr. Roger Klein Said Judge Kavanaugh's "Nomination And Confirmation Process Has Been The Most Open And Transparent In History." "Owing to Judge Kavanaugh's many published judicial opinions and his long career in public life, his nomination and confirmation process has been among the most open and transparent in history." (Dr. Roger D. Klein, Op-Ed, "Judge Brett Kavanaugh Is The Right Supreme Court Appointment At The Right Time," The Hill , 8/15/18)


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