As to Hamdan, some of the great moments in Supreme Court history have been those when court demonstrated judicial independence in times of crisis.
Hamdan was a case about how the rule of law protects everyone who comes into court, no matter who you are.
Flake turns to technology now. Congress is struggling with questions about digital privacy and regulating internet providers.
How would Kavanaugh deal with balancing privacy with innovation, security with freedom?
Kavanaugh: Agrees that technological developments will come before the court frequently. Chief Justice Roberts has been instrumental in writing decisions in these areas, as with this term's decision in Carpenter. Willing to update the old rule that you lose Fourth Amendment rights when you turn information over to a third party, which makes little sense in digital era when so much information is in hands of internet service providers.
Kavanaugh mentions other recent Supreme Court decisions that recognize need to refine Fourth Amendment doctrine to take account of new technologies.
Kavanaugh: Judges are not Republican or Democrat, we are United States judges, so to with religious beliefs.
Sen. Blumenthal, D-Conn., now up.
Blumethal: I asked yesterday if you took positions that not all legal scholars believe Roe is settled. You said that the Supreme Court could, and declined to commit to not overturning it.
Blumenthal: An email has been made public in which you took that position that Roe can be overturned. Did anyone suggest to you that I would ask about this email?
Kavanaugh: I'm not remembering.
Blumenthal: Did anyone show you this email during the session yesterday at any point?
Kavanaugh: I've had these emails, I think. I'm not remembering.
This is the same email Feinstein was talking about earlier.
Blumenthal: You were asked by Sen. Harris about conversations about special counsel investigations with anyone outside DC Circuit judges. Your answer was vague, as it was this morning. Have you discussed the special counsel investigation with anyone outside the judges?
Kavanaugh: I've had no inappropriate discussions with anyone?
Blumenthal: Appropriate or inappropriate?
Kavanaugh: I've made no foreshadowing. Our courthouse has a lot of activity, so those are discussions.
"If you're walking around in America, people are discussing it."
Blumenthal: Have you ever talked to anyone in the White House?
Blumenthal: Have you ever talked about the special counsel investigation with Don McGahn or anyone else? Yes or no?
Kavanaugh: I'm not remembering.
Blumenthal: What discussions have you had?
Kavanaugh: There were moot preparations.
Blumenthal: It's pretty simple English. So you're saying no?
Kavanaugh: I know Mr. Mueller personally from the Bush administration. I've had no discussions of the kinds I think you're asking about.
Blumenthal: I'm asking about discussions of the kinds you're thinking about.
Kavanaugh: I haven't had any of the kind I'm thinking about.
Blumenthal: I'm going to take that as a no under oath.
Blumenthal says Kavanaugh is dodging the question.
Blumenthal: Have you had conversations about the special counsel with anyone at Kasowitz Benson Torres?
Blumenthal: We talked about the independence of the judiciary. You've spoken about this and I agree. I think the heroes of this era will be the independent judiciary and the free press.
Blumenthal: President Trump's attacks on the judiciary have been blatant.
Blumenthal quotes tweet criticizing Justice Ginsburg.
Blumenthal quotes another tweet by Trump about Ginsburg calling her incompetent. Do you believe Ginsburg has embarrassed us all?
Kavanaugh: I have spoken about all the justices ...
Blumenthal: This is a question where less is more.
Kavanaugh: I am not going to get drawn into controversy.
Blumenthal: This is not political. This is about Justice Ginsburg.
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