Brett Kavanaugh confirmation hearing LIVE - Trump’s Supreme Court nominee refuses to say whether a president can self-pardon or be subpoenaed

Democrats will press Donald Trump's nominee on abortion, gun rights and his views on Russia investigation

Supreme Court nominee Brett Kavanaugh delivers opening statement

Donald Trump’s latest Supreme Court nominee, Brett Kavanaugh, will face a marathon of hostile questioning by Democrats as his confirmation hearing begins its second day.

Democrats plan to press Mr Kavanaugh on abortion, gun rights and his ability to be independent of the US president, among other issues.

The first day of the debate was marked by heated exchanges as Democrats voiced their fears Mr Kavanaugh could act as Mr Trump’s advocate in the high court. Mr Trump jumped into the fray late in the day, saying on Twitter that Democrats were “looking to inflict pain and embarrassment” on Mr Kavanaugh.

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A long day of questioning awaits the 53-year-old appellate judge, whom Mr Trump nominated in July to fill the seat of retired Justice Anthony Kennedy.

[5 September 2018 15:38 · Kristin Hugo]

Senator Orrin Hatch, a Republican, is now taking his time.

He has begun by entering editorial articles into the record, praising Mr Kavanaugh.

[5 September 2018 15:47 · Kristin Hugo]

While Mr Hatch reads from opinion articles, let us take a quick look at what the District of Columbia v Heller decision means.

The case surrounds a 1976 gun control law in Washington, DC, which prohibited the possession of an unregistered firearm, and prohibited registration of handguns.

The complainant, Heller, was a special policeman in DC who had been denied permission to register a handgun he wanted to keep at his home.

The Supreme Court decided in favor of Heller, 5-4, with the late Justice Antonin Scalia writing the majority opinion.

Scalia wrote that several gun control regulations are acceptable and consistent with the Second Amendment — including bans on concealed weapons, bans on felons possessing firearms, bans on access to firearms by the mentally ill, and prohibitions on firearms in schools or government buildings.

But, Scalia also wrote that the DC ban impacted a class of firearms that "Americans overwhelmingly choose for the lawful purpose of self-defence". Therefore, because of the argument that handguns — which are used in the overwhelming majority of firearm crimes — are used in self-defense, a ban on them is inconsistent with the Second Amendment.

Read more about it right here.

[5 September 2018 15:53 · Kristin Hugo]

Senator Orrin Hatch has noted that Mr Kavanaugh has received support from 18 of his former women law clerks, who praised the nominee as "one of the strongest advocates" for women lawyers.

Mr Hatch then asked the nominee why he believes it is so important to elevate women professionals.

"I believe in equality. Equality for all Americans, men and women, also regardless of race, ethnicity. My mom was an example as I described yesterday of breaking barriers," Mr Kavanaugh said.

Mr Kavanaugh proceeded to note that he frequently hires women, hoping to make sure that women are not excluded from his offices.

[5 September 2018 16:00 · Kristin Hugo]

The discussion about Mr Kavanaugh's practice of hiring women to celebrate diversity has transitioned into a discussion about former Judge Alex Kozinski, a former judge who the nominee has been tied to in various media reports.

Mr Kavanaugh, it has been suggested, knew about allegations of sexual harassment and misconduct that led to Mr Kozinski's resignation in 2017 — a charge that the nominee has refuted.

In his testimony, Mr Kavanaugh reiterated his disgust for the circumstances. He said that no women should be subject to harassment in the workplace, and said that better reporting procedures should be put in place to protect women.

[5 September 2018 16:09 · Kristin Hugo]

Mr Kavanaugh says that he is a "pro law" judge, and that he has ruled as a judge both in favour and against environmentalist regulations.

He noted several instances in which he ruled in favour of environmentalist interests, including a premature challenge to the Clean Power Plan, and another where big oil fought environmental interests.

"There are a large number of cases in which I've ruled in favour of environmentalist interests because that's what the law said in that case," Mr Kavanaugh said.

[5 September 2018 16:18 · Kristin Hugo]

Here is a clip of Mr Kavanaugh talking about the importance of women getting a shot in the workplace, and of his relationship with a judge who was later accused of improper sexual conduct in the office.

[5 September 2018 16:28 · Kristin Hugo]

Mr Kavanaugh told senators that he frequently sides with environmentalists as a judge, but environmentalist groups who have looked at his record have been less than enthused.

"Quite frankly, with a record like this, a Senate confirmation of Kavanaugh will almost certainly put our rights to clean air, clean water, and equitable participation in our democracy at risk," a statement from the League of Conservation Voters (LCV) wrote in a statement reviewing Mr Kavanaugh's record on environmental protections.

The LCV's review of Mr Kavanaugh's record found the nominee siding with efforts to strike down clean air regulations, regulations against dumping pollution into waterways, and regulations around storing nuclear waste.

Here's a list of the LCV's biggest concerns.

[5 September 2018 16:36 · Kristin Hugo]

Senator Patrick Leahy has suggested that Mr Kavanaugh, during his time at White House counsel, received documents that were "stolen" from him.

Mr Kavanaugh has appeared somewhat confused by the claims that he relied on stolen materials.

Mr Leahy, in response, referenced the thousands of pages of materials that are are still confidential — and that Democrats have made a point of referencing, and have asked be made public.

Mr Leahy has suggested that Mr Kavanaugh lied in previous Senate testimony about when he found out about Bush-era surveillance programmes — and his involvement in the creation of those programmes.

Mr Kavanaugh has maintained that he was not "read into" that programme.

[5 September 2018 16:47 · Kristin Hugo]

Mr Kavanaugh has refused to say whether he, as a judge, thinks it would be constitutional for a president to self-pardon.

"The question of self pardons are not something that I have analyzed. They're not something that I have written about. Therefore it's a hypothetical question ... that I cannot begin to answer," Mr Kavanaugh said.

Mr Kavanaugh continued to say he could not answer a hypothetical question on whether a president can pardon someone in exchange for a promise that the individual pardoned would not testify against the president.

The issue may be a hypothetical at the moment, but is being asked for a pretty clear reason: President Donald Trump has reportedly considered a self-pardon, and has suggested he may pardon some of his associates who are being investigated by federal authorities.

[5 September 2018 16:59 · Kristin Hugo]

Senator Lindsey Graham gave Mr Kavanaugh the opportunity to speak directly to Fred Guttenberg, the father of a student who was killed at the Marjory Stoneman Douglas High School shooting in February.

Mr Kavanaugh responded by noting that he bases his "decisions on the law", but that he does not live in a bubble, and understands that judicial decisions have real world implications. He did not address Mr Guttenberg directly.

Mr Guttenberg had attempted to shake hands with Mr Kavanaugh on Tuesday, but the nominee failed to do so after locking eyes with him for a moment.