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Brett Kavanaugh fails to shake hands with Parkland victim's father – as it happened

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White House claims security ‘intervened’ before Kavanaugh was able to shake hand of Fred Guttenberg on day one of supreme court confirmation hearing

 Updated 
in Washington
Tue 4 Sep 2018 18.10 EDTFirst published on Tue 4 Sep 2018 09.33 EDT
Brett Kavanaugh refuses to shake hand of shooting victim's father – video

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Kavanaugh hearing: day one

That brings us to the end of the first day of what will surely be several more days of hearings on the supreme court nomination of Brett Kavanaugh.

The eight-hour hearing got off to an chaotic start. Senator John Cornyn, the second-ranking senate Republican, described the scene as “mob rule” as Democrats repeatedly angrily interrupted to demand that the Republican-majority delay the hearing until they have more time to read the documents released. The Republican chair, Chuck Grassley, dismissed the request and continued with the hearing.

Outside the room, women wore the red robes worn in Margaret Atwood’s Handmaid’s Tale to signify the threat they say Kavanaugh poses to women’s rights. In total, the US Capitol police said they arrested 70 people for demonstrating during the hearing. Throughout the day, senators were repeatedly interrupted by protesters. In total, 70 protesters were arrested and removed from the room or the nearby premise.

In their opening remarks, Democrats sought to portray Kavanaugh as ideologue who is “outside of the mainstream” and will shift the balance supreme court sharply to the right. Republicans defended Kavanaugh’s record and accused Democrats of using “scare tactics” to gin up opposition to his nomination.

Under oath, Kavanaugh vowed not to make decision based on “personal and policy preferences” and said: “I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.”

Tomorrow, senators will have their first opportunity to publicly questions Kavanaugh. Democrats are expected to aggressively press Kavanaugh on his views on abortion, same-sex marriage, gun control and executive power among other issues. Republicans are likely to defend Kavanaugh as a highly qualified nominee.

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US Capitol Police: 70 arrested for demonstrating during Kavanaugh hearing

In a statement, the US Capitol Police said that 61 individuals were removed from the Committee room in the Hart Senate Office Building and charged with disorderly conduct.

Nine other were removed from the second floor of the Dirksen Senate Office Building for unlawful demonstration activities and charged “crowding, obstructing, or incommoding”.

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As Kavanaugh delivered his remarks, Trump accused Democrats of inflicting “pain and embarrassment” on Kavanaugh.

....looking to inflict pain and embarrassment to one of the most highly renowned jurists to ever appear before Congress. So sad to see!

— Donald J. Trump (@realDonaldTrump) September 4, 2018

Supreme Court hearing adjourned until Wednesday

Grassley says the senate will recess until tomorrow morning at 9:30am EST when the senators will begin questioning the nominee.

Kavanaugh concludes his remarks:

I am an optimist. I live on the sunrise side of the mountain, not the sunset side of the mountain. I see the day that is coming, not the day that is gone. I am optimistic about the future of America and the future of our independent Judiciary. I revere the Constitution. If confirmed to the Supreme Court, I will keep an open mind in every case. 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.

Kavanaugh becomes emotional as he thanks his friends for their support over the last several weeks.

This past May, I delivered the commencement address at Catholic University Law School. I gave the graduates this advice: Cherish your friends. Look out for your friends. Lift up your friends. Love your friends. … Over the last 8 weeks, I have been strengthened by the love of my friends. I thank all my friends.

He is now introducing his daughters. He said both will be in and out of the hearing room over the next few days. Margaret has gotten her braces off and turned 13, he says. Of Liza, he says, “no one gives a better hug”.

He says his wife is a “strong West Texan” who is now the “popular town manager of our local community”.

“This has not exactly been the summer she had planned for our family. I am grateful for her love and inspiration,” he says.

Kavanaugh calls his mother one of his “judicial heroes” and said he still turns to her trademark line: “Use your common sense. What rings true? What rings false?”

His remarks seems focused on responding to attacks that he would roll back civil rights and criticism that his conformation would threaten protections for women, people of color, LGBTQ people and the poor.

I vividly remember days as a young boy sitting in the back of my mom’s classroom as she taught American history to a class of African-American teenagers. Her students were born before Brown versus Board of Education or Bolling versus Sharpe. By her example, my mom taught me the importance of equality for all Americans—equal rights, equal dignity, and equal justice under law.

He says a Supreme Court justice must play the role of an “umpire —a neutral and impartial arbiter who favors no litigant or policy”.

Over the past 12 years, I have ruled sometimes for the prosecution and sometimes for criminal defendants, sometimes for workers and sometimes for businesses, sometimes for environmentalists and sometimes for coal miners. In each case, I have followed the law. I don’t decide cases based on personal or policy preferences. I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge. I am a pro-law judge.

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After praising the Senate and the president, Kavanaugh moves into the meat of his opening statement.

As a nominee to the Supreme Court, I understand the responsibility I bear. Some 30 years ago, Judge Anthony Kennedy sat in this seat. He became one of the most consequential Justices in American history. I served as his law clerk in 1993. To me, Justice Kennedy is a mentor, a friend, and a hero. As a Member of the Court, he was a model of civility and collegiality. He fiercely defended the independence of the Judiciary. And he was a champion of liberty. If you had to sum up Justice Kennedy’s entire career in one word … “liberty.” Justice Kennedy established a legacy of liberty for ourselves and our posterity.

Kavanaugh sworn in by the Senate Judiciary Committee

After nearly seven hours of listening silently to senators bicker, argue and opine, Kavanaugh will have a chance to respond.

He is now under oath.

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Next up is Lisa Blatt, a lawyer who has argued 35 cases before the supreme court. She says she’s an unabashed liberal, she voted for Hillary Clinton, calls Ruth Bader Ginsburg her “hero” and wishes Democrat Dianne Feinstein – not Republican Chuck Grassley – was chairing the committee.

And yet, she is before the committee urging Kavanaugh’s nomination.

I was raised to call it like I see it and I don’t see the choice before you as difficult,” Blatt said.

She is testifying to his advocacy for women, an attempt to blunt the criticism that his confirmation would be a threat to reproductive rights and women’s health.

Kavanaugh is the “best choice” for liberals given the current political circumstances, she argued.

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Senator Rob Portman, a Republican from Ohio, is now testifying to Kavanaugh’s character and judicial record. He calls him a “thought leader among his peers” and says there is “no one more qualified”.

Kavanaugh is guided by the “constitution and rule of law”, Portman says, and he believes that justices shouldn’t “legislate from the bench”.

“I know the man, he does things because it’s the right thing to do,” Portman says. As evidence, he told the senators that after meeting in his senate office, Kavanaugh went to serve the homeless later that evening. He didn’t tell Portman that’s where he was headed and the senator only found out after someone asked for a photo and tweeted it.

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Condoleezza Rice: Kavanaugh is a 'very good human being'

Former secretary of state Condoleezza Rice, who worked alongside Kavanaugh in the Bush White House, said the judge was “supportive and strong and caring” and that she valued his “integrity and good judgement”.

Like Harris, Rice invokes the nation’s history of segregation and the important role the Supreme Court has played in moving the nation forward. She says Kavanaugh would “thoroughly and faithfully” upholding the constitution.

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Grassley announces a short 15 minute to set up for the next stage of the hearing. Three people will introduce Kavanugh before he’s given a chance to make his opening remarks.

Sen. Kamala Harris, a Democrat of California and a possible 2020 contender, is unsparring in her remarks.

Harris said nominating someone to the Supreme Court is “personal” because “when we talk about our nations highest court and the men and women who sit on it, we’re talking about the impact that one individual on that court can have”.

She continued: “I am concerned your loyalty would be to the president who appointed you and not to the constitution.”

Harris announced her opposition to Kavanaugh in early July.

Senator Kamala Harris speaks during US Supreme Court Nominee Judge Kavanaugh’s Senate confirmation hearing in Washington. Photograph: Joshua Roberts/Reuters

The first-term senator has distinguished herself on the committee for her aggressive approach to questioning the president’s cabinet and judicial nominees. But her prosecutorial style has drawn criticism from Republicans, who have accused her of grandstanding.

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After nearly six hours, the committee is reaching the end of the senator’s opening statements. When they finish, Kavanaugh is scheduled to be introduced by former secretary of state Condoleezza Rice, senator Rob Portman, a Republican of Ohio, and Lisa Blatt, a self-described “liberal feminist lawyer” who has argued nearly three dozen cases before the Supreme Court.

Sen. Grassley draws laughs from the crowd as he attempts to get Sen. Booker to wrap up as he blows through the 10-minute time limit during his opening remarks. Booker says he’s a “trailblazer” as extends it for a few more minutes.

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