The documents in question pertain to Kavanaugh emails on racial profiling that had been marked confidential by the Judiciary Committee.
Brett Kavanaugh, 53, made the comments while working as a lawyer in 2003 for then-President George W Bush. It was the lone cliffhanger of Wednesday's questioning by Senate Judiciary Committee members, but Harris - and other Democrats - will get a second shot at the federal appellate judge Thursday.
Asked about that document on Thursday, Kavanaugh said he suggested the change because he thought the language was overstating the thinking of legal scholars at the time.
Sen. Kamala Harris of California asked Kavanaugh late Wednesday if he had spoken about the Russian Federation investigation with anyone at the law firm founded by Marc Kasowitz, who has represented Trump.
In one of the emails, Kavanaugh referenced a possible interim policy and wrote "the people (such as you and I) who generally favor effective security measures that are race-neutral DO need to grapple - and grapple now - with the interim question of what to do before a truly effective and comprehensive race-neutral system is implemented". "You said in our meeting that Congress would likely act quickly if the president does something, in your words, 'dastardly, '" Klobuchar said. " ... Why is it so hard for you to acknowledge your response to the question and acknowledge that at least your answer was misleading, if not wrong?" Kavanaugh replied, appearing perplexed. It didn't seem to work. As Kavanaugh hesitated, saying he didn't remember, Harris said, "Are you saying with all that you remember- you have an impeccable memory, you've been speaking for nearly 8 hours, I think more, to this committee about all sorts of things you remember- how can you not remember whether or not you had a conversation about Robert Mueller or his investigation with anyone at that law firm?" He also would not say whether he believes the president can be subpoenaed to testify. Not just in the hearing, but in the office of Committee Chair Sen. Amy Klobuchar (D-Minn.). "Why is that not a thumbs up?"
For anyone who worries that Kavanaugh would vote to overturn legalized abortion, there's plenty in his past writings and statements and court rulings to be concerned about. So there's a lot of reasons why thoughtful, hard-working Nebraskans who are smart and engaged don't really know how to think about precedent, because it's not stuff we've dealt with.
Republicans hope to confirm Kavanaugh in time for the first day of the new Supreme Court term, October 1. Throughout his testimony, Kavanaugh has repeatedly insisted he fully embraces the importance of judicial independence. Democratic Sens. Booker, Kamala Harris of California and Amy Klobuchar of Minnesota, all widely considered to be potential presidential contenders in 2020, have each used their time in the highly publicized hearings to maximum effect to lay groundwork for a potential campaign.
Late Wednesday night, Sen.
Kavanaugh had trouble answering the question, in part because she wouldn't explain who she was referring to, all while hinting strongly she knew something no one else did.
Asked about it again Thursday by Hatch, Kavanaugh did not fully clear up the situation. The judge left unanswered questions over how he would handle investigations of the executive branch and whether he would step aside if cases involving Trump under special counsel Robert Mueller's probe end up at the court. "Make them public? I don't think you do!" I concur with what you are doing.
In a very intense exchange, California Sen. John Cornyn of Texas for making such a suggestion. Kavanaugh said he was happy to discuss the precedent established in Nixon, which he called one of the greatest moments in Supreme Court history, but did not want to discuss potential situations.
Cornyn said that Booker and other Democrats risked being expelled from the Senate.