Leahy: One memo was subject-lined "spying."
Kavanaugh: None of this was unusual. There were many bipartisan discussions, much information-sharing.
Leahy: I was born at night, but not last night.
Leahy: "I was born at night, but not last night." I think this would have raised red flags.
Leahy: Can you confirm that in withheld documents there are no emails from Mr. Miranda about what he's done or found out?
Kavanaugh: I'm not involved in the documents process, so I don't know what it's in them.
Leahy: That's not fair to us and that's not fair to you. I care about the integrity of the Supreme Court. I think you should care.
Leahy: I find it hard to reconcile your testimony that you had no reason to suspect that things were stolen, when we know the staffer stole things and some of those went directly to you.
Leahy: You did participate in the Pryor nomination working group, did you not?
Kavanaugh: It's possible, but I don't believe I interviewed William Pryor.
Leahy: You had recommended him internally?
Kavanaugh: I have no reason that I wouldn't have recommended him.
Leahy: We have an email about your request for Pryor. I'm not asking these questions to get you in a bind. I'm asking because it's so easy in these hearings to say that you don't remember.
Leahy: I think it is so difficult that you don't remember the things done by somebody who did one of the most egregious breaches of committee confidentiality.
Kavanaugh: The larger question of raising red flags, I've answered that no.
Leahy: Was part of your job in the White House to train nominees to answer questions about Roe v. Wade?
Kavanaugh: We prepared nominees generally, including Roe v. Wade.
Leahy: Do you agree that a plastic firearm made by a 3D printer could be regulated without violating the Second Amendment?
Kavanaugh: I should not comment on a potential case.
Sen. Graham, R-S.C., now up.
Graham: I compliment Leahy for getting committee confidential documents released to the public. It's got to work this way.
Graham: I want to defend circuses. They are entertaining and you can take children to them. This hearing is not entertaining and not suitable to children.
Graham: If you want to be president, what you do is the example that will be followed.
Graham moves to Morrison v. Olson, which involved the old independent counsel statute and was a point of discussion yesterday.
Graham: Special counsel isn't a separation of powers issue?
Graham: Special counsel appointed by Justice Department different from Morrison v. Olson situation.
Graham: No separation of powers issue with appointment of special counsel,under Department of Justice regulations. That's legally and factually different than Morrison v Olson, which involved a statute.
Graham: Supreme Court precedent shows that president cannot avoid day in court on the civil side.
Graham goes on to talk about holding of United States v. Nixon, the law of the land.
Graham: When Clinton was investigated, you took position that he was not above the law. There's nothing new here.
Graham: You don't have to play these games to vote no. Just say you don't believe in his philosophy. There's nothing wrong with you. Most people after these hearings will have a dimmer view of the Senate.
Graham: It's okay to vote no, but it's not okay to take legal concepts and flip them upside down.
Graham: Is there anything in the Constitution about the right to abortion in the document?
Kavanaugh: The Supreme Court has recognized this right many times.
Graham: But is it in the Constitution?
Kavanaugh starts... "It's pretty simple, no it's not, Mr. Graham," Graham says.
Graham: Is there any phrase in the Constitution about abortion?
Kavanaugh: The liberty clause.
Graham: Does the liberty clause say abortion?
Graham: What are the limits on the ability of the court to confer a right based on the concept of a penumbra of rights?
Kavanaugh now getting into the test for finding unenumerated rights.
Kavanaugh says the rights have to be rooted in the history and traditions of the country, the Glucksberg test that Kagan talked about at her hearing.
Graham: Can legislative bodies intercede on the right of the unborn?
Graham: How did the court determine [abortion] was part of American history? Before 1973.
Kavanaugh keeps going back to Supreme Court precedent and recognized rights.
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