Kennedy: Is a private security guard a state actor?
Kavanaugh: Stated that way, no, but there are questions of contracting.
Kennedy: If a city privatizes its police force, do they have to comply with the Constitution?
Kavanaugh: That's why I started to mention the contracting issues.
Sen. Harris, D-Calif., now up.
Harris: Have you discussed Mueller with anyone?
Kavanaugh: With other judges I know.
Harris: Anyone at the law firm founded by Trump's personal lawyer?
Kavanaugh: I'm not remembering.
Harris: Be careful about your answer.
Harris: It's a very direct question. Yes or no.
Kavanaugh: I'm happy to be refreshed.
Harris: You have an impeccable memory, how can you not remember whether you had a conversation about Mueller at that law firm?
Kavanaugh: I'm trying to think if there's anyone I know. I'd like to know the person you're thinking of.
Harris: I think you're thinking of someone, and you don't want to tell us.
Lee raises an objection. This town is full of law firms. Law firms are full of people with lots of names.
There was another objection, and now the police are removing the entire audience from the room.
Lee: No possible way for the witness to know if he spoke to someone from the law firm.
Mass eruption in the audience with many ejections.
Whitehouse: I'm trying to figure out what the rules are here. We had a long discussion about whether points of order and in order during a hearing.
Tillis, as chair: There has never been a point in two days when chair did not recognize someone speaking.
Whitehouse: If our side cannot make a point of order, it's inappropriate for Sen. Lee to speak out of order.
Tillis: That you are speaking now means you can make a point of order.
Harris: Please answer the question.
Kavanaugh: I don't know anyone who works at that law firm.
Harris: Have you ever had a discussion about the investigation aside from judges?
Kavanaugh: The fact that it's ongoing, it's in the news every day, I've talked to fellow judges about it. The answer is yes.
Harris: Anyone at the firm?
Kavanaugh: I need to know who works there.
Harris: That's the only way you'd know who you spoke with?
Kavanaugh: I'd be surprised, but I don't know everyone who works at that law firm.
Harris: Did you speak with anyone at that law firm about the investigation?
Kavanaugh: I want to know more.
Harris: When we met, we talked about race relations in the country.
Harris: We talked about the incidents in Charlottesville. Trump said, "I think there's blame on both sides." Do you believe there's blame on both sides?
Kavanaugh: We talked history at some length. One principle I've articulated is the independence of the judiciary. One things judges do is stay out of commenting on current events. It risks confusion about our role. We are not pundits.
Harris: Are you saying it's too difficult a question or it's a question you can't answer?
Kavanaugh: The principle of independence of the judiciary means I can't insert myself into politics.
Can't comment on political events or on things said by politicians.
Harris: Have you ever heard the term "racial spoils system"?
Harris: You twice wrote the term in the Wall Street Journal.
Harris: I looked up that term. In the dictionary, "goods stolen or taken forcibly from a person or place." What does "racial spoils system" mean to you?
Kavanaugh: The Supreme Court affirmed my position in that case.
Harris: What does the term mean to you?
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