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title: Brett Kavanaugh's Tenure in Bush White House in Spotlight
description: Brett Kavanaugh's tenure in the George W. Bush Administration was front and center the first day of his confirmation hearings.
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article:published_time: 2018-09-04T20:21:39.000Z
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og:title: Democrats Put Kavanaugh's Time in the White House in the Spotlight
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twitter:title: Democrats Put Kavanaugh's Time in the White House in the Spotlight
twitter:description: They object to how Republicans are handling the documents.
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![](https://static.time.com/v3/assets/bltea6093859af6183b/bltaf51c74d6c8d64fa/69893969ab6d7745586b395e/cm_kavanaugh_dc_09_04_18_0835.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# Democrats Put Brett Kavanaugh's Time in the White House in the Spotlight

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<!-- video src="https://cdn.jwplayer.com/manifests/XBjvkPlb.m3u8" -->
## Video: Democrats Demand Postponement of Supreme Court nominee Brett Kavanaugh Hearing

[Watch (HLS stream): Democrats Demand Postponement of Supreme Court nominee Brett Kavanaugh Hearing](https://cdn.jwplayer.com/manifests/XBjvkPlb.m3u8) (3:00)

![Democrats Demand Postponement of Supreme Court nominee Brett Kavanaugh Hearing](https://cdn.jwplayer.com/v2/media/XBjvkPlb/poster.jpg?width=720)

_Published 2018-09-04. Democrats Demand Postponement of Supreme Court nominee Brett Kavanaugh Hearing_


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Alana Abramson](https://time.com/author/alana-abramson/)


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=96&quality=75&auto=webp)

## Alana Abramson


Sep 4, 2018 8:21 PM UTC

![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Alana Abramson](https://time.com/author/alana-abramson/)


![Alana Abramson](https://static.time.com/v3/assets/bltea6093859af6183b/blt841db4fb6fb33ac8/698a1380656a3f7bb2bda9e7/alana-abramson-2020-headshot.jpg?branch=production&width=96&quality=75&auto=webp)

## Alana Abramson


Sep 4, 2018 8:21 PM UTC

Brett Kavanaugh’s tenure in the George W. Bush Administration was front and center the first day of his confirmation hearings, which was just how Democrats wanted it.

[Kavanaugh’s hearing](http://time.com/5364476/brett-kavanaugh-confirmation-hearings-date/) began less than 24 hours after the Senate had received 42,000 pages of documents from Kavanaugh’s tenure, and three days after the White House asserted executive privilege and refused to release a hundred thousand documents. Those decisions were perfect fodder for Democrats, who have been pushing for a full release of these documents since President Donald Trump nominated Kavanaugh in July, to pounce.

As Senate Judiciary Chairman Chuck Grassley began reading his opening statement, he was interrupted by Democratic Sen. Kamala Harris, who asked him about the thousands of pages she’d received the night before. “We have not had an opportunity to review, or read or analyze,” she said. “We cannot possibly proceed.”

“You’re out of order,” Grassley told Harris. But Harris persisted in pushing for delaying the hearing to review the documents. As Grassley continued to try reading his opening statement, every other Democrat on the committee, with the exception of ranking member Dianne Feinstein, who stayed above the procedural fray, followed Harris’ lead, calling for the hearing to be adjourned because they lacked the necessary information to make a decision.

“What is the rush? What are we trying to hide by not having the documents out front? What are we hiding by not letting these documents come out?” Democratic Sen. Cory Booker asked Grassley.


The partisan infighting over the seemingly mundane topic of document release isn’t new; its been the primary focus for Senate Democrats, led by minority leader Chuck Schumer, for nearly two months. Kavanaugh served in the White House Counsel’s office during the Bush Administration subsequently served as staff secretary; his paper trail was always going to be longer than any of the other nominees the President was considering after Justice Anthony Kennedy resigned from his position in June.

Democrats said they wanted to see all of the documents from his time as White House staff secretary before the hearings, but Republicans did not request those documents, arguing they were irrelevant to his nomination. Although Senate Repulicans did ask for documents from Kavanaugh’s time in the White House counsel, the Democrats weren’t satisfied.

The tension was only exacerbated after the National Archives said it would be unable to release all of the documents that the Senate had requested from Kavanaugh’s time in the White House counsel before October. Senate Republicans, who want to confirm Kavanaugh before the Supreme Court starts its new term in October, have instead been relying on the documents to be released through the Bush presidential library after they were reviewed by attorney William Burck, a process Democrats have deemed too partisan.


Democrats still have an uphill battle to derail Kavanaugh’s nomination. Republicans need just 50 votes — their entire conference at the moment — to clear Kavanaugh’s nomination. The two Senators the Democrats had pinned their hopes on, Alaska’s Lisa Murkowski and Maine’s Susan Collins,[ don’t appear to have given any indication](http://time.com/5382872/democrats-cant-stop-brett-kavanaugh-supreme-court/) they won’t vote with their party. Additionally, several Democratic Senators are facing reelection battles in states where Trump won by double digits in 2016, meaning a vote against Kavanaugh could be potentially toxic for them. And on Tuesday, Arizona Gov. Doug Ducey announced he would [appoint former Republican Sen. Jon Kyl](http://time.com/5386298/jon-kyl-john-mccain/) to fill the late Sen. John McCain’s seat, giving Republicans even more of a cushion.

But on Tuesday, Democrats were finally given a chance to tell the public why they are so intent on reviewing certain documents.

“During your time in the White House, when you were staff secretary — some people regard it as kind of a monitor, monitoring things going in and going out. But I think it’s much more,” Feinstein told Kavanaugh in her opening statement. .”And you yourself have said that that’s the period of my greatest growth. And so we try to look at it. And the only way we can look at it is to understand the documents and it’s very, very difficult.”


## Transcript

Mister Chairman. I'd like to be recognized to ask a question before we proceed. The committee received just last night, less than 15 hours ago, 42, 000 pages of documents that we have not had an opportunity to review or read or analyze. You are out of order I will proceed. Congresswoman We cannot possibly move forward mister chairman with this hearing. We have not been given the opportunity to have a meaningful hearing on this nominee. Chairman I extend a very warm welcome to judge Kavanaugh to his wife Ashley. Congressman Mister Chairman if we cannot be recognized I move to adjounre. Mister Chairman I move to adjourne.

Chairman The American people need to hear directly from judge Kavanaugh [ APPLAUSE ] Mister chairman, I move to adjourn. [ APPLAUSE ] Mister chairman, we have been denied, we have been denied real access to the documents we need to advise and to send. Mister chairman, regular orders called. Which turns this hearing into a charade and mockery of our. Well- And Mister Chairman, I therefore move to adjourn this hearing. Okay. This is a mockery and a travesty of justice! This is an attack against justice and the lawful act! Cancel Brett Kavanaugh! Adjourn the hearing! [ INAUDIBLE ] Some assurance of confidentiality- [ INAUDIBLE ] A president could not expect to receive the full and frank submissons of facts and opinions upon which the effective discharge of his duties depends, end of quote.

Mr. Chairman, I appeal to be recognized on your sense of decency and integrity Even the documents you have requested, Mr. Chairman, even the ones that you said, the limited documents you have requested, this committee has not received, and the documents, we have, you [ CROSSTALK ] should be transparent. This committee, sir, is a violation of even the values I've heard you talk about time and time again. The ideals that we should have, what is the rush? What are we trying to hide by not having the documents out front? What is the rush? What are we hiding by not letting those documents come out?

Sir, this committee is a violation of the values that we as a committee have striven for; transparency. We are rushing through this process in a way that is unnecessary. And I appeal for the motion to at least be voted on. Mr. Chairman. At least let's have a vote because when we wrote you a letter on August 24, Senator. Asking to have a meeting on this issue, you denied us, Even the right to meet. So here we are, having a meeting, let's at least debate this issue, let's at least call this for a vote. Senator. I appeal to your sense of fairness and decency, your commitments that you've made to transparency.

This violates what you have even said and called for sir. You've called for. Documents, you yourself, limited documents. We thought there should be more. We have not received the documents that you have even called for. So sir, based upon your own principles, your own values, I call for at least to have a debate or a vote on these issues, and not for us to rush through this process. [ APPLAUSE ]

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