09.28.2018

David Kaplan & Carolyn Maloney on the Kavanaugh Hearings

The judiciary committee voted along strictly partisan lines to approve Brett Kavanaugh. But in a dramatic twist, Republican Senator Jeff Flake said his vote in the full senate would be conditional on an FBI investigation. Democratic congresswoman Carolyn Maloney was moved to tears during Christine Blasey Ford’s testimony. She and legal affairs analyst David Kaplan join the program.

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CHRISTIANE AMANPOUR: David Kaplan, in all your study on the Supreme Court, have you ever heard that kind of partisan rhetoric from any kind of nominee, much less in the Supreme Court?

DAVID KAPLAN, LEGAL AFFAIRS ANALYST: Well, perhaps Clarence Thomas, almost 30 years ago when the Senate Judiciary Committee had to investigate charges made by Anita Hill against then nominee Thomas. But I – I think Judge Kavanaugh does protest a little too much. He may have needed to be as belligerent and as political as he was yesterday to win over the most important watcher of the day which was the president. He needed the president’s support, and the president tweeted thereafter, and I think Kavanaugh did himself good with some republican senators who wanted to see Kavanaugh come out swinging. But that is not judicial temperament, that is not what it looks like. And I think he did himself at that end a lot of harm. We tend to forget that stuff. Clarence Thomas has been a functioning member of the court for a quarter century. It hasn’t done him a lot of institutional damage within the court itself. But the court does take a hi,t and I think Kavanaugh at least short-term takes a hit. But if the name of the game is getting confirmed, Kavanaugh was in a much better position after his testimony than beforehand.

AMANPOUR: And Congresswoman Maloney, do you think that? Do you think he’s in a better position now after his testimony? Yes, there was a whole sort of relief from his side of the aisle. But after today, do you think that he can count on being confirmed?

REP. CAROLYN MALONEY, D-NY.: I don’t think he can count on anything until the votes are over and the votes are counted. It was the most partisan statement I have ever heard from any nominee to any court. He sounded more like he was on the campaign trail as a political trying to get elected than someone who was being moved to the highest court of our country that is going to be confronting some of the most important decisions that affect the lives of millions of — and rights of millions of Americans. I was astonished by his – his demeanor. It was certainly not the demander of a courter that you would ever – you think that they’re going to be balanced – or you hope. And look at the – at the issues, it was sort of – it was incredibly, incredibly partisan. And – and I thought incredibly inappropriate. And one of the reasons why you are seeing such a – a deep feeling across the country and during this confirmation process, the feelings are deep, they are strong and they are deeply divided. And it is not good for the country.

About This Episode EXPAND

Christiane Amanpour interviews David Kaplan, author of “The Most Dangerous Branch” & Carolyn Maloney, U.S. House Democrat; and Anthony Hopkins actor in “King Lear.” Hari Sreenivasan interviews Kai-Fu Lee, author of “AI Super-Powers.”

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