Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today as the Senate has been called upon to fulfill our constitutional duty to give advice and consent on President Trump's…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise today as the Senate has been called upon to fulfill our constitutional duty to give advice and consent on President Trump's nominee to the Supreme Court, Brett Kavanaugh.
In the past, Presidents worked with a bipartisan Senate to appoint someone who understood the importance of precedence and transparency, who respected the independent integrity of the highest Court in the land. Unfortunately, that did not happen during the nomination process. Instead, the process was flawed to fast track a nominee without a full vetting for political gain.
Brett Kavanaugh was handpicked by the Federalist Society, a rightwing lobbying organization dedicated to overturning Roe v. Wade. Why? Because, as he has made clear on several occasions, President Trump wants to stack the Court with Justices who will overturn Roe v. Wade.
Now, I am new to the Senate, and as long as I have been here, I have been told that this is not regular order. As we went through this confirmation hearing, unfortunately, I found it, along with my colleagues, to be fast tracked.
I take very seriously my role of advice and consent when it comes to a nominee, and I think we all as Senators have an equal vote. We should all have access to all of the information and a full vetting of any nominee who wants to sit on the highest Court for a lifetime appointment.
Think about it--a lifetime appointment. There are only nine members. This is something that we should all look for--the right person--and everyone should have a full vetting, but this hearing was fast-tracked. Not only was it fast-tracked, but we did not have access to all of the documents necessary to determine whether Brett Kavanaugh had the correct judicial philosophy and the judicial temperament and impartiality that is necessary for somebody to sit on the highest Court of the land.
Not only were we limited in the number of documents, but what little documents we did get, unfortunately, on some of them were marked ``committee confidential'' in an effort to prevent Members from using documents to question the witness. By unilaterally declaring them committee confidential, many of my colleagues in the Senate Judiciary Committee hearing were unable to adequately question Judge Kavanaugh. I am told that this process of marking ``committee confidential'' is without precedent.
Republicans claim that Chairman Leahy also accepted documents on a ``committee confidential'' basis during the Kagan nomination. Those documents were processed by the National Archives, not private, partisan lawyers, and Republicans did not object.
By the time of her hearing, 99 percent of Elena Kagan's White House records were publicly available and could be used freely by any Member. In contrast, the committee has only seen 7 percent of Brett Kavanaugh's White House records and only 4 percent were made available to the public. No Senate or committee rule grants the chairman unilateral authority to designate documents ``committee confidential'' and prohibit their public release. Neither the rules of the Senate nor the rules of the committee authorize the unilateral designation.
There was no committee action and Ranking Member Feinstein sent a letter stating she did not agree with a
blanket designation, and she asked the chairman to work with her to identify the subset of documents that should remain confidential, and he refused.
But the chairman released thousands of documents himself. Specifically, he released thousands of documents that had previously been marked ``committee confidential,'' after consulting with Mr. Burck. If these were committee confidential documents, then, the chairman's actions would be a violation of Senate rules. The Senate rules provide a penalty for disclosing ``the secret or confidential business or proceedings of the Senate'' but it requires a vote or a committee action to conduct confidential business or proceedings.
Democrats cannot be held to a different standard. Chairman Grassley has asserted that Mr. Burck has sole authority to decide what documents may be used to question Judge Kavanaugh and sole authority to decide which documents may be released to the public. However, he has failed to cite any rule or statute that gives Mr. Burck any authority.
We should not move forward with hearings when we only had a fraction of the nominee's record, and the most significant document we had remains hidden from public view.
The chairman claimed that he provided ample opportunity for Democrats to clear committee-confidential documents for use at the hearing, but he refused the request of several Members to make documents on a number of topics public.
I also want to make it clear that as I watched that hearing, there were allegations that Members of the Senate didn't even show up to take a look at these confidential documents, so why were we complaining. I will tell you what, I showed up. I was there for 3 days looking at all of these documents because I thought it was necessary, even if we were going to be limited in what we could see and what we could talk about. I have a voice equal like everyone else, and I should have access to those documents and figure out if I had the opportunity to talk to Judge Kavanaugh or talk with my colleagues about it, then I should have access to those documents, but even when we had access, the chairman demanded that Democrats send him their documents for preclearance by his staff, President Bush's lawyers, and the White House.
My understanding is, never before have minority members of the committee been required to identify and preclear the topics and documents they want to discuss with a Supreme Court nominee with the chairman or outside private lawyers in the White House; never has a majority asserted unilateral authority to preclear what issues the minority party can even ask a nominee.
The idea that Democrats have to ask Republicans to preclear their questions in a Senate Judiciary Committee hearing is outrageous. If the chairman, Bill Burck, and the Trump White House were truly interested in a transparent process, Mr. Burck and the White House could make the White House Counsel records public now, as President Obama and former President Clinton did for the Kagan nomination, but we still don't have access to all of the documents.
We still have a process that is broken. We still have a process that, unfortunately, did not provide all of the Senators the opportunity to have a full vetting of Brett Kavanaugh. I took my time. I reviewed Judge Kavanaugh's record. I looked at his cases, his written statements; I listened to his comments in the hearing; I went and viewed the committee-confidential documents. I wanted an opportunity to meet with him. Unfortunately, that never happened, so I couldn't question him myself.
Based on all of the information and based on taking my time--like I did with our previous nominee because it is that important that we get the right person on the bench--in his statements and in his writings and opinions, it was clear to me that Brett Kavanaugh has shown he does not respect precedent. He does not respect a woman's right to choose. He does not respect workers' rights.
If confirmed, I believe Judge Kavanaugh's extreme activist judicial philosophy will pose a threat to women, our environment, our constitutional separation of powers, and our fundamental civil rights, but it is not just Brett Kavanaugh's judicial philosophy that troubles me.
Last week, Judge Kavanaugh testified before the Senate Judiciary Committee to defend himself against sexual assault allegations. He was asking for our vote for a lifetime appointment to the Supreme Court-- one of the deepest and most profound honors this Nation can bestow upon a citizen. This nominee was interviewing for a job in front of the American people, and he was belligerent, evasive, and aggressive. This nominee, who currently sits as an appellate court judge on the DC Circuit Court, disregarded all demeanor and respect for impartiality and independence by accusing the Democrats of engaging in ``a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons, and millions of dollars in money from outside left-wing opposition groups.''
He then took it even further by stating: ``And as we all know in the United States political system of the early 2000s, what goes around, comes around.''
``What goes around comes around,'' are those the words of an impartial judge? Of course not. During the question-and-answer period with the Senators, he was belligerent, impatient, and aggressive toward anyone who pressed him to get to the truth.
His demonstrated lack of temperament and impartiality is another reason I cannot support him. It is also why over 2,400 law professors, from respected law schools across this country, penned a letter to the Senators to state that the Senate should not confirm Judge Kavanaugh-- some of these very law professors who also appeared before the U.S. Supreme Court; some of these very law professors who also practiced and teach at Yale and Harvard. They wrote:
Judicial temperament is one of the most important qualities
of a judge. A judge requires a personality that is even-
handed, unbiased, impartial, courteous, yet firm, and
dedicated to a process, not a result.
They further stated:
At the Senate hearings on September 27, Judge Brett
Kavanaugh displayed a lack of judicial temperament that would
be disqualifying for any court, and certainly for elevation
to the highest Court of this land.
Former Supreme Court Justice John Paul Stevens, a Republican appointed by President Ford, stated similar concerns:
When I watched Judge Kavanaugh's testimony, I didn't see a
fair and impartial Justice. I saw a man who is blinded by
rage and ideology. As a sitting judge, Brett Kavanaugh knows
better.
His accuser, Dr. Christine Blasey Ford, testified before the Senate Judiciary Committee for 4 hours. She was poised, serious, and credible recounting what was clearly one of the most scarring, traumatic experiences of her life, and she did it on live television for all the world to hear. She did it in the face of death threats. She did it at the risk of damaging her credibility and career. She had nothing to gain. She has done a profound service to everyone whose life has been touched by sexual assault or abuse.
Dr. Ford, I believe you, and I thank you for your courage in coming forward. I believe in a fair and independent process for people who have been accused of serious crimes like sexual assault, and the process should include a neutral investigation that is thorough and nonpartisan because it will hold a perpetrator accountable or exonerate the falsely accused. But that fair and independent process did not occur this time. I am glad some of my colleagues stood up to make sure the FBI had a chance to reopen its background investigation. I will tell you what, after reading the recent FBI report, it is clear Republican leadership limited its scope, and I say that as somebody who not only has been a prosecutor for 10 years, 8 years the attorney general of the State of Nevada, who has conducted criminal investigations and oversaw peace officers who did the same thing.
What they did not do, they did not interview Dr. Ford, nor obtain from her the important medical records that would corroborate her testimony. In fact, her attorneys wrote to the FBI offering up not only additional witnesses
but making the statement that if they were to interview Dr. Ford, she would have also provided corroborating evidence, including her medical records and access to the phone from which she messaged the Washington Post about Judge Kavanaugh's assault prior to his nomination to the Supreme Court. I am here to tell you, corroborating evidence isn't just in the form of witness statements; it is in the form of documentation that is key, and that was never recovered by the FBI.
I will tell you, the potential witnesses that potentially the FBI could have talked to, we know--we know because they came forward out of a civic duty and they went public, and the FBI still did not talk to them. We know Dr. Blasey Ford's husband, Russell Ford, said Christine shared the details of the sexual assault during a couple's therapy session in 2012. She said that in high school, she had been trapped in a room and physically restrained by one boy who was molesting her while another boy watched, and Dr. Ford's husband said: ``I remember her saying that the attacker's name was Brett Kavanaugh'' in 2012--2012.
Along with her husband, Adela Gildo-Mazzo, a friend of Dr. Blasey Ford, came forward and said:
In June of 2013, Christine said that she had been almost
raped by someone who was now a Federal judge. She told me she
had been trapped in a room with two drunken guys, and that
she then escaped, ran away, and hid.
A third witness, somebody who could have corroborated Dr. Ford's statement, Lynne Brookes, Brett Kavanaugh's college friend, who said: ``There is no doubt in my mind that while at Yale, he was a big partier, often drank to excess, and there had to be a number of nights where he does not remember.''
So I know--and unfortunately too often we have seen in this particular case an FBI supplemental report that was not thorough. In addition, after I reviewed the summary of the report and realized we were missing information, the additional corroborations would have also gone to Debbie Ramirez's allegations, but the FBI did not interview important witnesses to corroborate Debbie Ramirez's allegations.
We now know--because they have been again willing to come forward after seeing what has been happening through these hearings--Kenneth Appold, a suitemate of Brett Kavanaugh at Yale, who is now a professor at Princeton, stated: ``I can corroborate Debbie's account.'' He said: ``I believe her because it matches the same story I heard 35 years ago, although the two of us have never talked.'' Professor Appold was never interviewed.
Likewise, James Roche was also a roommate of Brett Kavanaugh, and he said: ``Although Brett was normally reserved, he was a notably heavy drinker, even by the standards of the time, and that he became aggressive and belligerent when he was very drunk.''
Likewise, Chad Luddington, a college classmate came forward: ``I can unequivocally say that in denying the possibility that he ever blacked out from drinking and in downplaying the degree and frequency of his drinking, Brett has not told the truth.''
They were not interviewed by the FBI. So now, because we have only limited information, all Senators are left with a lack of a full understanding of the facts surrounding the allegations against Brett Kavanaugh.
The questions swirling around Brett Kavanaugh get at the very heart of our responsibility as Members of the U.S. Senate. We are not here to be a rubberstamp on the President's nominees. We are a check and balance on his power. We are here to work with him to make decisions that are right for the American people. That means we listen to our constituents. That includes women and men who have buried their experiences of trauma for far too long.
I have received letters from my constituents from all over Nevada sharing their stories of survival. I heard from men and women in our military who were struggling not just with the effects of PTSD but with the experience of being sexually abused.
I recently met with women who led the campaign to codify a woman's right to choose in the Nevada State Constitution, and they all asked me to oppose Brett Kavanaugh's nomination, and I stand with them. I stand with survivors. I stand for the right of every American woman to make her own healthcare decisions. I believe Dr. Christine Blasey Ford. I believe in the integrity and independence of our judicial system.
I condemn Brett Kavanaugh's confrontational and partisan behavior, and I condemn the handling of this nomination by Senate Republican leaders.
We must work together, in a bipartisan way, and restore our constitutional role of advice and consent. This is about something bigger than any one nominee. It is about the integrity of our Nation's institutions. It is about the core functions of our democracy. We can't allow partisan politics to eat away at the checks and balances enshrined in our Constitution. We have to return to common decency and regular order. Anything less is below the dignity of the American people and the great Constitution we swore an oath to faithfully support.
I encourage all of my colleagues to join me in voting against this temperamentally unfit nominee.
Thank you.
I yield the floor.
I suggest the absence of a quorum.