Senator Leahy Tripping Kavanaugh Up on Stolen E-mails. Grassley P.O.ed...Update Video.

Go get him, Senator!

This is from Re-Wire’s SCOTUS reporter  Jessica Mason Pieklo's Twitter thread covering the Senate Judiciary Hearings on Kavanaugh’s nomination…

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Now Leahy is up. Starts directly with whether or not Kavanaugh lied to him the first time around 

It's already a tense exchange

Kavanaugh stands by his previous statements and said he didn't mislead the committee

Kavanaugh tries to filibuster and Leahy cuts him off

Leahy impeaching the hell out of Kavanaugh with Kavanaugh's previous testimony around Kavanaugh's time working on Bush judicial nominees

For context there was an information breach and the Bush White House got intel on what Democrats planned to ask Bush judicial nominees in session. The breach was unlawful. Kavanaugh was in the soup at this time

One of the nominees Kavanaugh handled was Pricilla Owen to the Fifth Circuit Court of Appeals. 

She's like Alito, by way of reference on temperament and philosophy

One of Owen's notable opinions was dismissing a lawsuit brought by a high school cheerleader who didn't want to be forced to cheer for her rapist and was kicked off the squad

But back to Leahy and Kavanaugh. 

Leahy has Kavanaugh read through an email chain. Turns out the emails were stolen by a Republican staffer

Leahy's questions to Kavanaugh about his exchanges with the Republican staffer who stole Dem emails suggests Leahy has the goods on Kavanaugh here.

This is solid prosecutorial questioning happening here

It is pretty apparent based on Leahy's questions that Kavanaugh was in possession of stolen emails that he used to shepherd Bush judicial nominees so that's something

Kavanaugh insists this is just how judicial nominations proceed

The tone of this exchange is very moderated but this is high Senate drama. Leahy is fully making the case for Kavanaugh as a liar and a thief

Leahy now asks Kavanaugh directly if he was ever asked about a mole to get information on strategy and information

Kavanaugh gives the shruggy guy as his response

Leahy asks if Kavanaugh ever got an email from a GOP staffer that references stolen materials. 

Kavanaugh asks if Leahy has such an email

Leahy says ask Grassley

Folks my money is on that email existing and this is how Leahy just got around confidentiality

Grassley jumps in and gets real heated and insists that all the necessary documents are public.

Leahy just gave a master class here folks

Kavanaugh now jumps into the fray to say his testimony is 100% accurate on this point 

That shuts Grassley up. Leahy not so much. Leahy says there is evidence to suggest Kavanaugh had stolen emails and knew it, hints there's more proof in the committee confidential documents

This is a super fine line Leahy is walking here because the penalty for breaking confidentiality can be expulsion from the Senate

God I love good lawyering 

Okay back to substantive coverage I just had to say that because that exchange was THE BEST

Kavanaugh is a visibly different witness after that exchange. Leahy shook him.

Leahy prepping a video for the hearing and Grassley says it better be fair

Before the video starts Leahy asks if Kavnaugh ever worked with John Yoo on warrantless surveillance 

Kavanaugh responds by offering "context" and reiterating that he "wasn't read into that program"

Leahy repeats his question: While in the White House did you ever work with John Yoo on warantless surveillance 

Kavanaugh says "after 9-11 it was all hands on deck"

That's a yes folks

Leahy says to Grassley it's not fair to Kavanaugh that he can't hand him documents that would refresh Kavnaugh's memory on his work on warrantless surveillance

Grassley stammers and says if Leahy identifies the documents he can probably see them but the rest of us suckers can't

Leahy responds by saying he wants the same things he asked for August 16th and they are directly relevant to all these questions, including emails with John Yoo

Grassley says Leahy can have them for tomorrow (maybe? that was a mumble and he is clearly not pleased)

Grassley now gavels Leahy out of time. Leahy objects and Grassley gives him another minute

Leahy asks Kavanaugh if Trump has the absolute power to pardon himself

Kavanaugh says dunno never thought about it

Leahy asks if the president has the power to pardon someone in exchange for a promise that person won't testify again them

Kavanaugh refuses to answer.

Wednesday, Sep 5, 2018 · 4:53:48 PM +00:00 · durrati

OOF -- Leahy presses Kavanaugh about whether he found it "at all unusual to receive a draft letter from Democratic senators to each other before any mention of it was made public?"

In other words, Leahy is accusing Kavanaugh of having obviously stolen files in his inbox. pic.twitter.com/wYgCtlkphD

— Aaron Rupar (@atrupar) September 5, 2018

Wednesday, Sep 5, 2018 · 9:05:59 PM +00:00 · durrati

Uodate 2: Important thread by Leahy….

THREAD: Between 2001 and 2003, Republican Senate staffers hacked into and stole 4,670 files on controversial Bush judicial nominees from 6 Democrats, including me. This scandal amounted to a digital Watergate, not unlike Russia’s hacking of the DNC.

— Sen. Patrick Leahy (@SenatorLeahy) September 5, 2018