the midterm vote. and that s where you ll see the questions of health care and questions about abortion and particularly executive power. the democrats can turn this into a russia hearing, it is serving a political purpose. panel, thank you very much for the insights. coming up on new day, we ll speak with two senators from both sides of the ailes who will be questioning brett kavanaugh. chris coons and kennedy. russia responding this morning with new air strikes. the latest ahead. alice loves the smell of gain so much, she wished it came in a fabric softener too. [throat clears] say hello to your fairy godmother, alice. oh and look they got gain scent beads and dryer sheets too! take us downtown, waze. waze integration- seamlessly connecting the world inside.
roe v wade and every other president. chris: to make it clear, your thank you don t view his statement to senator collins, that it is settled law means that therefore it can t be re-examined and conceivably overturned? he would be disqualified if you would not listen to both sides of the story and decide accordingly. this idea that roe v wade will be challenged at the state level. there are all kinds of laws. some may work their way to the supreme court. he will give great deference to roe v wade.but it can be overturned like every other decision but that will be up to the facts in the record. chris: senator lindsay graham, thank you. thank you for your time during a tough week in our deepest sympathies on the loss of a dear friend. joining me now from illinois, another member of the committee that will be questioning brett kavanaugh, dick durbin. the number two democrat. democrats have tried a variety of efforts to upended the
confirmation of brett kavanaugh but the argument that there s a midterm and that president trump is under investigation. he wants to see millions of pages of documents from when he was secretary for president george w. bush. the white house has now invoked executive privilege to withhold 100,000 pages from one brett kavanaugh worked for the white house counsel. i think it s fair to say that none of that has worked. the question is why is it that democrats have so far been unable to gain any traction against judge brett kavanaugh and the public debate? you don t seem to bless. [indiscernible] let me just at the outset before we get into that. i joined with lindsay graham, every word he said about john mccain. i respected him so much. yesterday was a great display of the respective so many people across this country had
appropriately. chris: one issue, that pro-choice senators on both sides have pressed brett kavanaugh on in their meetings with him on capitol hill is abortion. and he reportedly told them that roe v wade is quote, settled law. is that a firm commitment in your view not to overturn roe v wade. and if it is a fun commitment, how can you as a pro-life senator support it? i wouldn t vote for anybody that said that every decision of the supreme court cannot be revisited. they are revisited through a process. the process of overturning long precedent. this a four-part test you have to apply. from my point of view, what he will do when that case comes if it ever does. you don t just wake up and say i d like to overturn roe v wade. if there s a conflict that makes it to the supreme court, he will apply the test of precedent to that decision.
confirms stephen breyer and that was also in a midterm election year. that directly contradicts two of the argument you re making against brett kavanaugh. let me just say i was not a member of the senate when justice breyer came before the body. but i will tell you at the time, the investigation was underway. there was no suspicion at that moment that clinton was going to, you have no authority to even question me. it went forward but he was subpoenaed, deposed, tried in the house. and i should say indicted under the impeachment clause and tried in the senate. i was in the senate at that time. now we have a different situation completely. there s a serious question as to whether this president, given the opportunity, will end the mueller investigation. something most republicans and the majority of americans say would be a serious mistake. we asked brett kavanaugh what