Skip to content
Search AI Powered

Latest Stories

Senator Cory Booker Just Broke Senate Rules by Releasing a 'Confidential' E-mail From Brett Kavanaugh, and He Could Face Serious Consequences

Senator Cory Booker Just Broke Senate Rules by Releasing a 'Confidential' E-mail From Brett Kavanaugh, and He Could Face Serious Consequences
WASHINGTON, DC - SEPTEMBER 05: Sen. Cory Booker (D-NJ) speaks during the second day of Supreme Court Nominee Brett Kavanaugh's confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Zach Gibson/Getty Images)

Courage.

Make us preferred on Google

During the Senate Judiciary Committee Hearing this morning, Senator Cory Booker (D-NJ) announced his intention to “knowingly violate” Senate rules by releasing an email from when Brett Kavanaugh served under President George W. Bush, which shows Kavanaugh supported racial profiling by police.

"No Senate rule and no history of the Senate accounts for what is going on right now," Booker said, saying that he is prepared to engage in "civil disobedience" with the understanding that the penalty could be a "potential ousting from the Senate."


"If Senator [John] Cornyn believes that I violated Senate rules, I openly invite and accept the consequences of my team releasing that email right now," he added, saying he is willing to do so to "expose" that documents "being withheld from the public have nothing to do with national security, nothing to jeopardize the sanctity of those ideals that I hold dear."

"Instead, what I am releasing this document right now to show, sir, is that we have a process here for a person, the highest office in the land, for a lifetime appointment, we're rushing through this before me and my colleagues can read and digest the information," he continued.

Senator Cornyn harshly rebuked Booker's action, calling it "unbecoming" for Booker to "willingly flout the rules of the Senate."

"Running for president is no excuse for violating the rules of the Senate or of confidentiality of the documents that we are privy to," Cornyn said of Booker.

Later in the morning, he tweeted a link to the documents:

He summed up the reason he was willing to make such a bold move with this tweet earlier in the morning:

Booker's decision received praise from fellow Democrats, including Illinois Senator Dick Durbin, who said:

I just want to say to my colleagues, particularly my colleague from New Jersey, I completely agree with you. I concur with what you are doing. And let's just into this together. I hope my other colleagues will join me. So if there is going to be some retribution against the senator from New Jersey, count me in.

Booker was also praised by average citizens who've been following the hearings and oppose a potential Kavanaugh confirmation. Booker is a favorite to run in the 2020 presidential election.

The documents Booker released can be found here and are embedded below. They indicate that Kavanaugh, then an aide to President Bush, entertained the use of racial profiling to combat terrorism after 9/11.

Senator Mazie Hirono (D-HI) also posted some documents to Twitter, saying that Republicans wish to withhold the documents because Kavanaugh "wrongly believes that Native Hawaiian programs are Constitutionally questionable."

In an email dated June 4, 2002, Kavanaugh wrote that "any program targeting Native Hawaiians as a group is subject to strict scrutiny and of questionable validity under the Constitution."

There is no rule which justifies the withholding of the documents, and President Trump has claimed executive privilege on more than 100,000 pages of Kavanaugh’s records from the White House Counsel’s Office.

The reason why the documents should be released are outlined rather succinctly in a letter Senator Dianne Feinstein (D-CA), the ranking member of the committee, sent Trump counsel Donald McGahn. She points out that executive privilege "has never before been invoked to block the release of presidential records to the Senate during a Supreme Court nomination" and pointed to examples from prior administrations:

As you know, executive privilege has never before been invoked to block the release of presidential records to the Senate during a Supreme Court nomination. In fact, when Elena Kagan was nominated, President Obama announced he would not invoke executive privilege over any of her White House records. When John Roberts was nominated, President Bush announced he would not invoke executive privilege over any of his White House records. And when Justice Rehnquist was nominated, the Committee refused to go forward with hearings until the White House produced records over which it initially indicated it might claim privilege.

By contrast, the Trump White House is withholding thousands of pages from Brett Kavanaugh’s record from Congress and admits that it is doing so without actually asserting a legal privilege. Rather, taking advantage of the unprecedented process used by Republicans to rush this nomination through the Senate with just a fraction of the nominee’s records, the White House is now asserting that it can withhold whatever documents it wants without formally invoking executive privilege.

Feinstein also points out that "the requirements of the Presidential Records Act are not merely a matter of convenience":

Rather, the law ensures that executive privilege claims are taken seriously and used sparingly to ensure accountability and public transparency. Under the Act, the President must “personally” assert the privilege over each record and notify the National Archives and Congress the same day. This ensures that Congress and the public know what records are being withheld and that Congress has an opportunity to engage in the good-faith accommodation process required by the courts as a means of balancing the legitimate needs of both branches.

The decision to hide a significant portion of Judge Kavanaugh’s White House record—announced on the eve of his confirmation hearing for a lifetime appointment to the Supreme Court—is deeply concerning. We have previously expressed our concern that the Committee is receiving only a small fraction of Judge Kavanaugh’s White House record, filtered through an opaque private review process being conducted by outside private lawyers rather than the nonpartisan National Archives. Now, for the first time ever, a sitting President is blocking the release of documents during a Supreme Court nomination without even asserting executive privilege.

This post has been updated from its original version to reflect Senator Hirono's release of "committee confidential" documents.

More from News

Abigail Velez
ABC7

Bosnia Claps Back Hard After U.S. Soccer Reporter Brags That She Can't Find The Country On A Map

ABC7 Los Angeles reporter Abigail Velez faced online anger over an ignorant jab at one of the nations competing in the FIFA World Cup.

Velez was covering the U.S. national team’s match on Thursday, a 3-2 loss to Turkey, when she noted the team's next match-up. Bosnia and Herzegovina is slated to face off against the United States in the round of 32 on Wednesday.

Keep ReadingShow less
Screenshot of Peter Doocy and Fox host talking overlooking the Great American State Fair
Fox News

Fox News Dragged For Claiming 'People Are Still Coming Out' To Trump's Great American State Fair As Live Video Shows Otherwise

Fox News was widely mocked after White House correspondent Peter Doocy said on the air that "people are still coming out" to President Donald Trump's Great American State Fair despite their live footage showing hardly anyone in attendance.

Crowds were relatively light, according to several news organizations, with The Washington Post reporting that opening-day attendance was "relatively sparse compared with past National Mall events." The Post even said that “The crowd thinly covered an area about the length of the National Museum of American History, smaller than some more outdoor movie screenings.”

Keep ReadingShow less
Zohran Mamdani
Michael M. Santiago/Getty Images

'New York Post' Roasted Over Eyeroll-Worthy Headline About Mamdani Jumping In NYC Pool For Summer Tradition

The New York Post drew widespread mockery after publishing a story accusing New York City Mayor Zohran Mamdani of "violating dress code rules" when he jumped into the Thomas Jefferson Pool in East Harlem wearing his signature suit, socks, and dress shoes instead of changing into swimwear as he joined residents cooling off.

The publication posted an article to X titled "Zohran Mamdani jumps into NYC pool to kick off summer tradition - while violating dress code rules" complete with photos of Mamdani jumping into the pool.

Keep ReadingShow less
Donald Trump
Andrew Harnik/Getty Images

Trump Dragged For Not Understanding How Passports Work After Claiming New Ones Featuring His Image Will Include Bizarre Warning Phrase

President Donald Trump was widely mocked after appearing not to understand how passports work while unveiling a new rendering of a special-edition U.S. passport marking America's 250th anniversary that he claims will include the phrase "Welcome, but be good!"

Trump's post comes weeks after the State Department announced it will issue a limited run of commemorative passports for the 250th anniversary of the country's founding featuring an image of Trump, making him the first living president ever depicted on a U.S. passport.

Keep ReadingShow less
Screenshots from X user @TaraBull's video
@TaraBull/X

Michigan Woman Reveals Loud Noise That Nearby AI Data Center Makes 24/7 In Viral Video—And People Are Outraged

Since AI data fulfillment centers started populating rural areas across the United States, the general public has expressed concern about the negative effects these centers will have on their surrounding communities, specifically the water supply and ecological systems.

But a new concern has come to light: the noise coming from these data centers and how these centers could cause health issues and disrupted sleep for the surrounding community members.

Keep ReadingShow less