6 takeaways from day three of the Kavanaugh hearings

Cory Booker

In the hearing, Booker referenced a handful of documents and emails from Kavanaugh's time as a White House counsel, during which Kavanaugh discussed racial profiling among other topics.

Booker's acknowledgement that he's "knowingly violating" Senate rules is the latest development in Kavanaugh's contentious confirmation hearing before the Judiciary Committee.

Two of the Democratic senators who have been most forceful in the Kavanaugh hearing, Booker and Kamala Harris, are considered potential 2020 presidential candidates. At times, some of these senators were melodramatic: Booker dared Senate Republicans to expel him from the Senate over the document battle, for example.

Kavanaugh had served as Bush's staff secretary and his work in the White House has figured in the hearing.

Also on Thursday, a newly disclosed 2003 email, separate from the messages Booker released, but also deemed "committee confidential", reveals that Kavanaugh has questioned whether Roe v. Wade - the 1973 case that affirmed the constitutional right to access safe, legal abortion - is settled law.

Members of the Senate Judiciary Committee each had 30 minutes to ask Kavanaugh questions.

The hearing opened with Democrats complaining that various documents had not already been made public by the committee's Republican leaders.

The White House lawyer presented the question of "whether we should work toward a race-neutral system at all or whether we should instead permit the use of race as a factor in certain circumstances".

He also would not say whether he believes the president can be subpoenaed to testify. "If you're coming after @SenBooker for releasing these documents, count me in".

The tone is different from Kavanaugh's remarks stressing how hard it is to overturn precedent like Roe during confirmation hearings, which opened for a third day Thursday with angry complaints and finger-pointing among senators over the unusual vetting process for the judge.

Sen. Cory Booker, D-N.J. called the process "a bit of a sham". But Trump's fellow Republicans maintain a narrow Senate majority and there are no signs of defections in their ranks, indicating Kavanaugh likely will be confirmed.

Sure, Brett Kavanaugh's confirmation to the Supreme Court would represent a generational shift to the right.

The draft, meant to be submitted under the name of a "high-profile, pro-choice" women in support of a Bush judicial nominee, had said that "it is widely understood accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land".

Senate Democrats are appealing to Republican Sens.

In a almost eight-minute exchange on Wednesday, Harris grilled Kavanaugh on whether he had ever had a conversation with anyone at the law firm Kasowitz, Benson & Torres, which was founded by Donald Trump's lawyer Marc Kasowtiz, about Robert Mueller's investigation.

In Kavanaugh's confirmation hearing for D.C. circuit judge 2004, he was asked by Sen. I appreciate what you've said about Native Hawaiians. And when he asked if Harris had a specific person in mind that he may have talked to, she replied, "I think you're thinking of someone and you don't want to tell us". When no one was able to give Booker a satisfactory answer, he announced he would release them. Orrin Hatch of Utah, Kavanaugh said, "I don't recall any inappropriate conversations about the investigation".

The questions related to the ongoing investigation being conducted by special counsel Robert Mueller into whether Trump's campaign colluded with Russian Federation to help him win and whether Trump, as president, obstructed justice by trying to thwart the probe.

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