Senate Democrats demand 100,000 withheld Kavanaugh records

Trump administration withholds 100K Kavanaugh pages

To prepare for the hearing, Kavanaugh has participated in private rehearsals coordinated by the White House Counsel's Office, which have included more than a dozen participants - government lawyers, conservative academics, some of his former law clerks and even several senators.

Democrats and Republicans have been arguing over the release of the documents for multiple weeks, according to the New York Times.

Republicans have spoken positively about Kavanaugh, a judge on the U.S. Court of Appeals for the District of Columbia Circuit, while a number of Democrats have expressed opposition to his nomination.

With his decades of work as a Washington power player - as a Bush lawyer, White House Staff Secretary, and then Appeals Court judge - Kavanaugh sports an extensive paper trail, a history Senate Majority Leader Mitch McConnell anxious about before President Trump nominated him. The Trump administration cited presidential privilege as the basis for its decision.

In his letter, Burck defined the withheld documents as those that "reflect deliberations and candid advice concerning the selection of judicial candidates" as well as advice submitted directly to Bush, substantive communications between White House staff about discussions with the President and "substantive deliberative discussions relating to or about executive orders or legislation considered by the Executive Office".

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Meanwhile, Democratic Sen. Richard Blumenthal of CT said Republicans are "cherry-picking" Kavanaugh's records, which he called a "disservice to the American people", according to the Associated Press.

The battle over Kavanaugh's documents has been a dominant story line in the fight to replace the retired Justice Anthony Kennedy. Some presidential records were withheld because they are "protected by constitutional privilege", according to Burck.

The constitutional limits of executive power - including whether presidents must comply with federal subpoenas or if they can be called to testify or be indicted - have yet to be settled by the high court, making Kavanaugh's views on the matter a point of keen interest for Democrats. "The issue now is what are Democrats going to do about it?" Kavanaugh's records secret, and trying to hide their actions from the American people by doing it on the Friday night of a holiday weekend.

Presidential documents would typically be reviewed by the National Archives.

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