Trump admin withholds Kavanaugh docs

CNN legal analyst Joan Biskupic says the Trump administration is withholding a larger than usual amount of documents pertaining to supreme court nominee Brett Kavanaugh even though similar documents about Chief Justice John Roberts were made public during his confirmation hearing.

Posted: Sep 4, 2018 4:57 AM
Updated: Sep 4, 2018 5:06 AM

The Trump administration will hold back more than 100,000 pages of documents related to Supreme Court nominee Brett Kavanaugh's service because the White House and the Department of Justice have determined they are protected by constitutional privilege, according to a letter to the Senate Judiciary Committee.

William Burck, a lawyer charged by former President George W. Bush with reviewing the documents housed in the presidential library, disclosed the exemptions in a letter to Judiciary Committee Chairman Chuck Grassley on Friday. Burck explained that, in all, he received just under 664,000 pages of documents and that Bush had directed him to "proceed expeditiously" and "err as much as appropriate on the side of transparency and disclosure."

Burck said he has given the committee "every reviewable" document that he received except those that fell into exemptions that included "presidential records protected by constitutional privilege."

The disclosure comes days before Kavanaugh's confirmation hearings, which are slated to begin Tuesday, and intensifies a battle between Grassley, who says he has produced a record number of documents, and Senate democrats who question the review being led by lawyers for the Trump administration and Bush. Democratic senators argue that Grassley is refusing to produce documents from Kavanaugh's years serving as staff secretary in the White House from 2003 to 2006.

Senate Minority leader Chuck Schumer called the decision to withhold the documents a "Friday night document massacre."

"President Trump's decision to step in at the last moment and hide 100,000 pages of Judge Kavanaugh's records from the American public is not only unprecedented in the history of Supreme Court nominations, it has all the makings of a cover up," he said in a statement.

Republicans on the Senate Judiciary Committee countered that Burck's letter provided a "full accounting" of Kavanaugh's records and that Grassley has expanded access to confidential material beyond that for any other Supreme Court nominee. In a release, the committee pointed out that Grassley had promised to facilitate the release of another set of documents, currently available only to members, if senators keep their requests targeted to specific documents.

White House principal deputy press secretary Raj Shah responded on Twitter to Schumer by saying that the Senate Judiciary Committee requested access to "non privileged" presidential records. "That has been satisfied to the tune of over 440,000 pages of executive branch documents, more than what was produced for the past five #Scotus nominees combined," he wrote.

Kavanaugh's confirmation is complicated by the sheer number of emails that exist during his years in the White House. In 2005, for instance, Massachusetts Sen. Edward Kennedy, a Democrat who was then in the minority, requested documents from then-chief justice nominee John Robert's service in the Office of Solicitor General during Robert's confirmation battle.

Then-Assistant Attorney General William E. Moschella wrote back that the department had determined that documents pertaining to "internal discussions" among lawyers were covered by both "deliberative process privilege" and "attorney-client privilege." But the privilege was never formally asserted.

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."

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 142311

Reported Deaths: 2472
CountyConfirmedDeaths
Hennepin35484995
Ramsey14726372
Dakota10271139
Anoka9344155
Washington636273
Stearns625550
Scott360436
Olmsted340230
St. Louis325874
Wright273116
Clay252944
Nobles234318
Blue Earth21147
Carver18887
Sherburne183122
Kandiyohi18215
Rice170210
Mower154518
Winona133619
Chisago11562
Crow Wing114322
Benton103311
Lyon10306
Beltrami9618
Otter Tail9508
Waseca94510
Todd8967
Polk8364
Morrison8259
Steele8013
Itasca78817
Douglas7744
Nicollet77118
Freeborn7185
Le Sueur6646
Goodhue65111
Martin62618
Becker6214
McLeod6214
Isanti5995
Watonwan5824
Pine5770
Carlton5092
Chippewa4733
Mille Lacs44918
Hubbard4344
Cass4225
Wabasha4141
Dodge4130
Pipestone36617
Meeker3593
Rock3595
Brown3483
Roseau3300
Redwood29912
Yellow Medicine2986
Murray2973
Cottonwood2950
Fillmore2770
Renville27213
Sibley2663
Wadena2643
Faribault2520
Houston2381
Unassigned23853
Kanabec23710
Swift2252
Jackson2211
Pennington2181
Aitkin1982
Stevens1941
Lincoln1930
Koochiching1755
Pope1680
Big Stone1591
Marshall1511
Lac qui Parle1453
Wilkin1454
Clearwater1381
Norman1340
Lake1330
Mahnomen1292
Grant1054
Red Lake822
Traverse590
Kittson530
Lake of the Woods441
Cook190

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 122218

Reported Deaths: 1691
CountyConfirmedDeaths
Polk19732289
Woodbury743799
Linn6038133
Johnson602431
Black Hawk5974102
Dubuque550658
Scott487343
Story411118
Dallas357347
Pottawattamie337845
Sioux254417
Buena Vista230212
Marshall212236
Webster196015
Plymouth172831
Wapello158962
Clinton156228
Muscatine153958
Des Moines151611
Cerro Gordo150227
Crawford138714
Warren13137
Carroll120413
Jasper119734
Henry11245
Marion106811
Lee101312
Tama100538
Delaware82713
Dickinson7939
Wright7591
Boone7509
Mahaska73824
Bremer7199
Harrison69716
Washington69311
Jackson6853
Benton6482
Lyon5688
Clay5574
Louisa54415
Winnebago52119
Cedar5087
Winneshiek5079
Hardin5017
Jones5004
Kossuth4970
Clayton4923
Buchanan4875
Hamilton4825
Poweshiek47611
Floyd46211
Emmet45321
Iowa4429
Cass4233
Mills4233
Guthrie42015
Page4200
Cherokee4122
Sac4114
Butler4083
Fayette4064
Shelby4022
Allamakee3999
Franklin39518
Madison3743
Chickasaw3731
Hancock3676
Humboldt3593
Clarke3573
Grundy3406
Palo Alto3292
Calhoun3264
Osceola3020
Mitchell2961
Howard2879
Monroe27212
Union2645
Taylor2602
Jefferson2591
Appanoose2503
Monona2492
Pocahontas2442
Fremont2152
Lucas2136
Ida2122
Adair1971
Greene1930
Montgomery1907
Davis1884
Van Buren1882
Keokuk1731
Decatur1620
Audubon1601
Worth1470
Wayne1373
Ringgold992
Adams841
Unassigned60
Rochester
Clear
34° wxIcon
Hi: 45° Lo: 32°
Feels Like: 25°
Mason City
Clear
34° wxIcon
Hi: 44° Lo: 33°
Feels Like: 24°
Albert Lea
Clear
36° wxIcon
Hi: 46° Lo: 34°
Feels Like: 25°
Austin
Clear
36° wxIcon
Hi: 46° Lo: 34°
Feels Like: 29°
Charles City
Clear
34° wxIcon
Hi: 45° Lo: 33°
Feels Like: 25°
Tracking a breezy weekend
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Minnesota Democrats respond to Pres. Trump campaign event

Image

Sports Overtime highlights and scores from Friday

Image

Sara's 10pm Forecast - Friday

Image

Have you mailed in your absentee ballot?

Image

Biden supporters gather ahead of Pres. Trump campaign rally

Image

Socially distanced lounge opens up in Rochester

Image

Traffic expected for President Trump's rally

Image

Biden rally in Des Moines

Image

President Trump to speak at RST

Image

Shooting At Rochester Apartment

Community Events