DEMOCRATS “MOVE TO ADJOURN”
by Sharon Rondeau
(Sep. 4, 2018) — Seconds after Senate Judiciary Committee Chairman Chuck Grassley began his opening statement, Sen. Kamala Harris (D-CA) loudly interrupted to say that the committee had not been provided with all of the necessary documents to evlauate President Donald Trump’s U.S. Su[reme Court nominee, Brett M. Kavanaugh.
Soon thereafter, several other Democrats called for an adjournment to the hearing, most noticeably by Sen. Richard Blumenthal.
Grassley said the hearing would continue. However, Sen Corey Booker (D-NJ) took over the floor and asked for “a vote” to “appeal to his sense of fairness and decency.”
Sen. Mazie Hirono then spoke, cutting into Grassley’s attempt to respond. Grassley then said he wished to respond to Booker, at which point Hirono relented.
Shouting erupted from the back of the room,with the cameras not showing whether or not those shouting were removed from the room.
Hirono spoke as the shouting continued, insisting on receiving more “documents.”
She said that Grassley is using a non-traditional format to submit questions to Kavanaugh.
At 9:43, Grassley told Hirono that he believed the committee should “proceed in regular order.”
The shouting from the gallery subsided for the most part.
Sen. Sheldon Whitehouse (D-RI) asked vehemently if the “assertion of executive privilege” is applicable to an alleged 100,000 pages of documentation not yet released from the National Archives.
As Sen. Patrick Leahy spoke, shouting from a distant point began again.
Grassley then told the group he would address the minority’s objections and concerns.
He began by stating that “executive privilege” was not claimed by the Trump administration, attempting to project over loud shouting which recurred.
Grassley said that Obama had claimed executive privilege over “Fast & Furious” documents, referring to the instance after which then-Attorney General Eric Holder was held in contempt of Congress for withholding subpoenaed documents.
Grassley appeared to be reading from something as he responded, as Kavanaugh looked perturbed, angry or dismayed. Grassley enumerated the documentation already “received” on Kavanaugh, whose face began to take on a more composed appearance.
The shouting subsided, perhaps as the disrupters were removed from the hearing.
“I know this is an exciting day for all of you,” Grassley addressed Kavanaugh, who then smiled.
At 9:51 a.m., Kavanaugh responded with his opening statement. He introduced his wife and two daughters as well as his parents, all of whom were in attendance.
Kavanaugh’s opening remarks did not reflect perturbation. His statement was brief, after which Grassley retook the floor.
At 9:53, Harris interrupted again and asked when Blumenthal’s motion to adjourn would be considered. Blumenthal and Sen. Chris Coons then spoke, prohibiting the hearing from proceeding meaningfully.
Sen. Amy Klobuchar (D-MN) also objected to the claim of “executive privilege” which was reportedly made by the Justice Department. Democrats continued to speak, objecting to the alleged lack of time to review “42,000” pages of documents reportedly released by the National Archives last night.
Whitehouse likened the ongoing hearing without a review of the latest documents to proceeding with a criminal trial without all of the evidence.
Grassley asked Sen. John Cornyn (R-TX) to respond. A former judge, Cornyn said that every committee member speaking out of turn would have been held in contempt of court had it been an actual court proceeding. Murmurs objecting to that statement were then heard.
Grassley said that following the hearings, committee members would have a chance to review all background information regarding Kavanaugh. Grassley then allowed Booker to make another statement.
Booker argued that the committee “has not received the documents” and that many have been labeled “committee-sensitive” such that they cannot be released to the public. “To go into a hearing without those documents” is an abandoning of their constitutional duty, Booker said.
Blumenthal then cut in, although Grassley spoke over him, stating that he wished to respond to Booker.
Ranking committee member Dianne Feinstein was seated next to Grassley; she did not interrupt as did her colleagues. At 10:01, however, she asked to speak, at which time Grassley asked if it were her “opening statement.”
Grassley argued that senators’ staffers “are fully informed” even if the senators themselves have not read all of the documents.
Blumenthal then interrupted Feinstein.
She said that “over a dozen” individuals have left the Trump administration amid a cloud of corruption and said that Kavanaugh’s nomination remains “under a cloud” given the “criminal” investigations presently proceeding, referring to the Mueller investigation.
Kavanaugh again looked perturbed.
Feinstein attempted to make the case that “the backdrop” of “the situation” and the jettisoning of Supreme Court nominee Merrick Garland has culminated in a “rush to judgment” over Kavanaugh. “Everyone on this side of the aisle wants to do a good job,” Feinstein maintained.
She said that Democrats’ purpose is “not to disrupt.”
Blumenthal then demanded a vote on adjournment and that the committee “reconvene in executive session,” after which shouting began again and Grassley denied Blumenthal’s request.
“The motion is out of order,” Grassley said, to which Blumenthal objected, then suggested that they “deliberately and thoughtfully” be able to adjourn and enter executive session.
Booker again supported Blumenthal’s motion.
Sen. John Kennedy (R-LA) then spoke. He said he understood his colleagues’ frustration, then asked what the procedures would be as the hearing proceeds.
Grassley said he has “never before” seen what just occurred over “15 Supreme Court hearings.” Grassley then outlined what the regular procedure is according to his understanding.
After Kennedy finished, Democrats continued to voice objections.
Sen. Thom Tillis (R-NC) then said that he read on Twitter over the long weekend that Democrats had planned a coordinated effort in a “phone conference”on Monday. Sen. Dick Durbin (D-IL) affirmed that there was such a telephone conference.
At 10:17 a.m., Blumenthal said he was asking under “Rule 4” for a vote on his motion to adjourn, although Grassley said that the rule applies only to executive-session meetings. As Grassley responded, shouting again erupted from the gallery.
Grassley said he has done nothing differently than other committee chairmen have during confirmation hearings of previous Supreme Court nominees. He said that “nearly two-thirds” of Kavanaugh’s records from his time in the George W. Bush administration have been made available and that “access” has been provided to senate aides which he considers “unprecedented.”
Shouting began again, lasting only a few seconds.
Grassley claimed that no senators sought out his staff during a period of inquiry established prior to Tuesday’s hearing on Kavanaugh.
Some of those objecting to the hearing, such as Hirono and Blumenthal, refused to meet with Kavanaugh beforehand.
Again appearing to be reading from prepared remarks, Grassley insisted that the majority is not “hiding” anything on Kavanaugh.
Leahy said that Grassley misstated the facts in regard to now-Supreme Court Associate Justice Elena Kagan, an Obama appointee. “It was all available” before her confirmation hearings, Leahy said. He was chairman of the Judiciary Committee at that time and said he has been through “19 Supreme Court nominations.”