WEBVTT - Judiciary Committee to Vote on Kavanaugh Nomination

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<v Speaker 1>Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every

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<v Speaker 1>day we bring you insight and analysis into the most

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<v Speaker 1>important legal news of the day. You can find more

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<v Speaker 1>episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud,

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<v Speaker 1>and on Bloomberg dot com Slash podcasts. Senate Republicans are

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<v Speaker 1>pushing to confirm Supreme Court nominee Brett Kavanabe early next week.

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<v Speaker 1>The court's term is set to start on Monday. Speaking

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<v Speaker 1>before the Senate Judiciary Committee just yesterday, Kavanaugh blamed partisanship

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<v Speaker 1>for the accusations against him. This whole two week effort

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<v Speaker 1>has been a calculated and orchestrated political hit, fueled with

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<v Speaker 1>apparent pent up anger about President Trump and the two

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<v Speaker 1>thousand and sixteen election. Bloomberg News White House reporter Justin

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<v Speaker 1>st joining us now in our Bloomberg studios here in Washington,

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<v Speaker 1>d C. All Right, Justin, does appear like this vote

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<v Speaker 1>is going to be going forward, But there are a

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<v Speaker 1>lot of groups that are are asking for a delay,

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<v Speaker 1>not just Democrats, the American Bar Association one of them,

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<v Speaker 1>just to get an investigation underway for some context here, Yeah, exactly.

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<v Speaker 1>I mean, I think what you've seen here is a

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<v Speaker 1>real dichotomy, and it was expressed by what Judge Kavanaugh

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<v Speaker 1>said in the hearing where he is sort of accused

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<v Speaker 1>Democrats of orchestrating a witch hunt against him. That that's

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<v Speaker 1>something that we've heard echoed by Republicans really actively. And

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<v Speaker 1>so on one side, you've got somebody who says, I

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<v Speaker 1>didn't do this, it wasn't me. Uh, and you guys

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<v Speaker 1>are trying a political hitch job. On the other hand, obviously,

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<v Speaker 1>we heard extremely compelling testimony yesterday from from Dr Ford

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<v Speaker 1>who came forward, told her story, sat for questions for

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<v Speaker 1>for multiple hours in front of the Senate. There were

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<v Speaker 1>no moments that cast any doubt on on her testimony.

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<v Speaker 1>And so you have her and Democrats and some of

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<v Speaker 1>these outside legal groups who are saying, uh, at the

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<v Speaker 1>very least, these claims deserve more investigation and more looking

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<v Speaker 1>at the difference, of course, is that Republicans control the

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<v Speaker 1>committee and the Senate, and so uh if you see

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<v Speaker 1>that they don't find her claims to be credible. Uh.

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<v Speaker 1>The the action that they seem to be kind of

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<v Speaker 1>going forward is not just bringing this to the full

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<v Speaker 1>floor of the Senate, but but moving ahead with a

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<v Speaker 1>confirmation vote. All right, then, um, bottom line is Kevin

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<v Speaker 1>all gonna get confirmed next week or not? It really

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<v Speaker 1>hinges on I think a couple of votes. Susan Collins,

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<v Speaker 1>Lisa Murkowski. Uh, we heard earlier this morning that Jeff Flake,

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<v Speaker 1>the Republican Senator from Arizona who during the questioning yesterday

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<v Speaker 1>did not join his colleagues and sort of describing the

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<v Speaker 1>investigation or the proceedings yesterday is as a political attempt

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<v Speaker 1>by Democrats, who who seemed to at least take Dr

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<v Speaker 1>Ford's testimony seriously in the moment, said that he would

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<v Speaker 1>vote both to to move her or to move Kavanaugh's

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<v Speaker 1>nomination forward, but also for his confirmation. That for opponents

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<v Speaker 1>of Kavanaugh was a pretty devastating blow. There's a chance

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<v Speaker 1>that those Republican women, uh, kind of sweeping at the

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<v Speaker 1>last minute and say that that they're not going to

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<v Speaker 1>vote for him. Democrats seem to be holding the line

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<v Speaker 1>for their part, but but I think oddsmakers would certainly

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<v Speaker 1>say that they expect him to be sitting on the

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<v Speaker 1>court next week. Yeah, there are some folks who were

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<v Speaker 1>talking about the Kavanaugh specifically and some of the things

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<v Speaker 1>that he had said and some of the way, some

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<v Speaker 1>of the how he said it, Um and how there

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<v Speaker 1>is some concern that he might be showing his political

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<v Speaker 1>slip a little bit, that he's more political than he

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<v Speaker 1>is judicial. It was certainly, I think an unprecedented display

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<v Speaker 1>in front of UM, in front of the Senate Judiciary Committee.

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<v Speaker 1>I think candidates, especially candidates for the Supreme Court, often

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<v Speaker 1>strive to make their nominations appear nonpartisan, non political, even

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<v Speaker 1>though they obvious they are appointed by presidents and have

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<v Speaker 1>histories that that might betray um where they come down politically.

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<v Speaker 1>There is a lot of effort put into not doing that.

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<v Speaker 1>What we saw from britt Cavanaugh yesterday was charging Democrats

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<v Speaker 1>angrily with a broad political conspiracy. He evoked the Clintons,

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<v Speaker 1>he evoked to President Trump. He really painted the proceedings

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<v Speaker 1>and starkly political terms. Now that being said, uh, it

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<v Speaker 1>may have been the move that he needed to take

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<v Speaker 1>to to make sure that he was on the Supreme Court,

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<v Speaker 1>because after the testimony of Dr Ford, I think the reaction, uh,

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<v Speaker 1>not just sort of in the Twitter sphere or or

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<v Speaker 1>on cable TV, but at the White House and among

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<v Speaker 1>Republicans on Capitol Hill was that she was extremely credible,

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<v Speaker 1>that she was believable, and that his nomination was in

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<v Speaker 1>some real trouble. So I think, uh, the approach that

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<v Speaker 1>he took was an orthodox but but did seem to

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<v Speaker 1>turn this back into the kind of earths versus skins,

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<v Speaker 1>Democrats versus Republican matrix that that makes it easier for

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<v Speaker 1>for some Republicans who might be on the fence to

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<v Speaker 1>sort of back their party on this vote. And I

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<v Speaker 1>assume that there's a full court press at the White

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<v Speaker 1>House to get Kavanaugh confirmed, and that includes I believe

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<v Speaker 1>a trip to West Virginia tomorrow by President Trump, which

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<v Speaker 1>would put pressure on the Democratic senator there, Joe Manson,

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<v Speaker 1>Yeah exactly. Um, Joe Manson's facing reelection, uh in just

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<v Speaker 1>a couple of months here, and obviously in a state

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<v Speaker 1>that Trump won by Yeah, exactly, and and is currently

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<v Speaker 1>I think leading the polls in favor to win reelection.

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<v Speaker 1>But nevertheless, obviously UM faces a lot of pressure to

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<v Speaker 1>to demonstrate himself as bipartisan. Uh. That that being said,

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<v Speaker 1>and certainly I think the White House has stood by

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<v Speaker 1>Brett Kavanaugh, and we saw some tweets from the President

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<v Speaker 1>Press secretary yesterday supportive of him, because for those swing senators,

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<v Speaker 1>President Trump is not necessarily the most compelling person. We

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<v Speaker 1>we haven't heard the stories of him getting on the

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<v Speaker 1>phone and trying to sort of bend arms back. In fact,

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<v Speaker 1>there's there have been some reports today that former President

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<v Speaker 1>George W. Bush, who Kavanaugh used to work for as

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<v Speaker 1>a staff secretary, has actually been more engaged in working

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<v Speaker 1>the phones on his behalf. And for somebody like Jeff Flake,

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<v Speaker 1>I think a call from George W. Bush probably goes

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<v Speaker 1>a lot further than than one from Donald Trump, who

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<v Speaker 1>he spent a lot of time criticizing pretty publicly. Okay,

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<v Speaker 1>so we got about a half a minute ago. This

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<v Speaker 1>is going to show up in the mid terms, Yes,

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<v Speaker 1>more than likely. Yeah, And uh, I think certainly if

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<v Speaker 1>female voters were not feeling already as if they could

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<v Speaker 1>make their voices heard at the ballot box uh in November,

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<v Speaker 1>that this will be something that is an impetus for them. Uh.

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<v Speaker 1>You could certainly also argue, on the flip side that

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<v Speaker 1>for conservatives who have long tried to see U ro

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<v Speaker 1>versus Way or other Supreme Court opinions, Um sort of

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<v Speaker 1>turned in another direction, that that this might be a

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<v Speaker 1>promise kept by Donald Trump and congressiant Republicans, and maybe

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<v Speaker 1>that'll motivate them all right. Bloomberg News White House reporter

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<v Speaker 1>Justin Sink with us in our Bloomberg ninety nine one

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<v Speaker 1>studios here in Washington, d c M or live from

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<v Speaker 1>the Bloomberg Interactive Broker studio, and we've been speaking about

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<v Speaker 1>the confirmation of Supreme Court nomini Brett Kavanaugh, which is

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<v Speaker 1>headed for a full vote in the Senate early next week.

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<v Speaker 1>During testimony yesterday from Kavanaugh and one of the women

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<v Speaker 1>accusing him of sexual assault, Christine Blasi Ford, Democratic Senator

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<v Speaker 1>Dick Durbin asked Ford whether she was sure that it

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<v Speaker 1>was Kavanaugh who assaulted her. In Dr Ford, with what

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<v Speaker 1>degree of certainty do you believe Brett Kavanaugh assaulted you? One?

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<v Speaker 1>Neil Kinkoff is a professor at Georgia State University School

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<v Speaker 1>of Law. He joined us now by phone from more

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<v Speaker 1>on Brett Kavanaugh's nomination and professor, what did you make

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<v Speaker 1>of the hearing yesterday? Wow? I think that swims it up. Um.

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<v Speaker 1>I've never seen anything like it. Even Anita Hill Clarence

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<v Speaker 1>Thomas wasn't quite like yesterday. It was the most partisan

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<v Speaker 1>and vitriolic Supreme Court hearing. I'm sure in our nation's history,

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<v Speaker 1>you know, the American Bar Association had endorsed Kavanaugh, and

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<v Speaker 1>now that group plus now we're learning Yale Law School's Dean,

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<v Speaker 1>plus at least four Republican governors are calling for them

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<v Speaker 1>to sort of pump the brakes on this so that

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<v Speaker 1>there can be an investigation. Is any of that going

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<v Speaker 1>to hold any weight. That's entirely up to Lisa Murkowski

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<v Speaker 1>and Susan Collins, right, which it really has been the

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<v Speaker 1>whole time time. If you remember back to when UM

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<v Speaker 1>Professor Blasi Ford first came forward, UM, Susan Collins was

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<v Speaker 1>really the one holding all of the cards, and what

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<v Speaker 1>would satisfy her is what Grassley was willing to do

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<v Speaker 1>in the way of process. So when she initially UM

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<v Speaker 1>didn't think we needed to hear from Mark Judge and

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<v Speaker 1>didn't need to have a full FBI investigation, well, the

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<v Speaker 1>Committee helped firm on those points. And so it's going

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<v Speaker 1>to be entirely up to her and Lisa Murkowski as

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<v Speaker 1>to what they're satisfied with. If they were satisfied with

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<v Speaker 1>yesterday's proceedings, then the Senator had the votes to run

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<v Speaker 1>this through, um, And if Susan Collins and Lisa Murkowski

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<v Speaker 1>demand more in the way of developing evidence and more

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<v Speaker 1>in the way of inquiry into the allegations, then more

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<v Speaker 1>will take place. Now let's go in order of the witnesses.

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<v Speaker 1>What did you think of a doctor Blaisie fords a testimony?

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<v Speaker 1>And then what did you think of Judge Kavanaughs testimony?

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<v Speaker 1>And and the merits of each of each witnesses testimony. Well,

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<v Speaker 1>I think um, Professor Blasi Ford was obviously credible. Everyone

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<v Speaker 1>who commented on the hearing said she was credible and

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<v Speaker 1>compelling and sincere and earnest, coming forward out of motives

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<v Speaker 1>that had nothing to do with anything other than to

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<v Speaker 1>tell the truth, to get to the bottom of it,

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<v Speaker 1>and a sound of civic duty. Um. Given that, I

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<v Speaker 1>don't see how the Senate can, in any kind of

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<v Speaker 1>principal fashion do anything other than for their investigation. As

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<v Speaker 1>for Judge Kavanaugh, I thought his remarks were incredibly partisan, UM,

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<v Speaker 1>and sort of belied the idea that he has the

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<v Speaker 1>kind of temperament to be on the Supreme Court, that

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<v Speaker 1>he can be trusted as a neutral arbiter when matters

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<v Speaker 1>like I don't know to like, like, well, what's going

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<v Speaker 1>on with President Trump and the the Moler investigation, which

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<v Speaker 1>are all headed for the Supreme Court. How can he

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<v Speaker 1>sit on the Supreme Court and be regarded as a

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<v Speaker 1>fair arbiter of whether whatever it is the President Trump

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<v Speaker 1>does to stop the witch hunt, um, is constitutional or not.

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<v Speaker 1>I wonder if it's worth mentioning. The Democratic Coalition filing

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<v Speaker 1>another complaint against Kavanaugh, this one saying that he violated

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<v Speaker 1>the Judicial Code of conduct by line to the committee,

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<v Speaker 1>what does that filing mean and where would it go? Well,

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<v Speaker 1>it's not going to go anywhere. Um. You know, really

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<v Speaker 1>that the game is the Judiciary Committee, and the game

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<v Speaker 1>is Lisa Murkowski and Susan Collins. If they're satisfied, he's

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<v Speaker 1>going to go through and the complaints of the Democrats

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<v Speaker 1>in the Senate they won't amount to anything. What about

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<v Speaker 1>Judge Kavanaugh's comments, He denied the allegations. Uh, he basically

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<v Speaker 1>acted as his own prosecutor against doctor Blasi Ford um

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<v Speaker 1>and attacked her testimony kind of point by point. Mhm, right.

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<v Speaker 1>But if if you regard her testimony as credible and compelling,

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<v Speaker 1>and virtually every member of the committee said exactly that.

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<v Speaker 1>If that's right, then you need to hear from Mark Judge.

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<v Speaker 1>You need to inquiry into well what she what what

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<v Speaker 1>she told her her counselors and psychiatrists back in two

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<v Speaker 1>thousand and twelve and thirteen. Right, there needs to be

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<v Speaker 1>a full development of the factual record, um, to try

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<v Speaker 1>to get to the bottom of it. Because sure, he's

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<v Speaker 1>denied and point by point denied that he did any

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<v Speaker 1>of the things he's alleged to have done. Um, that's

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<v Speaker 1>not at all surprising. That's exactly what everybody expected him

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<v Speaker 1>to do. But given how credible and compelling Dr Blaussi

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<v Speaker 1>Ford was, Um, at the very minimum, I think it's

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<v Speaker 1>incumbent on the Senate to do more inquiry. And very briefly,

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<v Speaker 1>we only have about twenty seconds left, but I wanted

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<v Speaker 1>to ask you about that partisan process that you had

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<v Speaker 1>just referred to. Of course you were referring to Mr Kavanaugh.

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<v Speaker 1>But has the process itself for the Supreme Court to

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<v Speaker 1>get someone on this on the Supreme Court? Has it

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<v Speaker 1>become two partisan in about twenty seconds? Sure, yes, it's

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<v Speaker 1>become far too partisan. Um. This particular process was designed

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<v Speaker 1>to come to the conclusion that well, this is he said,

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<v Speaker 1>she said, so on he goes. But overall it's far

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<v Speaker 1>too partisan. Neil kin Coff, Professor at Georgia State University

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<v Speaker 1>School of Law. Thank you for your analysis. Thanks for

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<v Speaker 1>listening to the Bloomberg Law Podcast. You can subscribe and

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<v Speaker 1>listen to the show on Apple Podcasts, SoundCloud, and on

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<v Speaker 1>bloomberg dot com slash podcast. I'm June Basso. This is

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<v Speaker 1>Bloomberg d co Dependent DA comp