Nichols of the Nation magazine John stay with us just want to let folks know that they are listening to k. P.f. a 94 point one and k p s b 89.3 and Berkeley 88 point one K.F.C.'s in Fresno 97.5 k 248 b. Are in Santa Cruz and of course online a k.p. a r G for those who are tuning in to hear economic update with Richard Wolffe This is live coverage of the Senate debate on the nomination Brett Kavanaugh to the Supreme Court what happened earlier as the Senate was and Republicans were successful and what's called invoking cloture and other words limiting debate here on out on the nomination Brett Kavanaugh by a vote of 51 to 49 with one Republican voting with almost all the other Democrats being Lisa Murkowski of Alaska and one Democrat voting with all the Republicans and that being Joe Manchin of West Virginia Susan Collins Republican from Maine who has been on the fence says that she voted for cloture but she says she will announce her final decision here in just 2 hours from now my friends this is a day that we are bringing you this live coverage and which it is k.p. Of A's final day of a very important fall 2018 fund dry and this is the beginning of the fiscal year this is the time of year that we have to come to raise a certain amount of money in order to be able to continue operating throughout the year this is a day that we come in about $100000.00 away from our overall goal now usually our final day and fun drive is our most important day that's the day we make up most of the difference on the final day so we are taking a big risk here by abandoning our traditional type of fund raising shows by bringing you this incredibly important live coverage of what is happening in the Senate today at this point for the final day we have usually raised about $30000.00 . 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As you start your day 180-439-5732 extension 1800 Hey k. P.f.a. We're online at k. P.f.a. Dot org Thank you so much for putting that out I also want to mention we see comments that come in with the pledges and your praise is touching and thank you for that also seeing a lot of people who are giving mentioning their own experiences sexual assault. And we see you as well I thank you 180-439-5732 extension 1800 Hey k.p. Affair before we go to the back to the Senate floor and we will momentarily here we are still speaking with John Nichols of the Nation magazine John if Joe Manchin does vote for the confirmation of. Brett Kavanaugh and if he's the deciding vote let's listen say I doubt this would happen it probably go together Manchin and Susan Collins bullishness say they diverge and calling votes against it comes down to Joe Manchin and he votes to confirm Brett Kavanaugh What does that mean for his standing in the Senate if he wins reelection with Democrats in the future I almost see this kind of like a Joe Lieberman situation when Joe Lieberman became a an independent before he retired. I think the the passions are are so raw and so intense at this point and this fight has become so wrapped up with. Issues that go beyond partisanship beyond the traditional fights. That there will be senators who have a very hard time. Working with Joe Manchin if if he indeed is the deciding vote to put Brett Kavanaugh on the Supreme Court. The same token. We're in a midterm election year and if the. Democrats were as I think is within the realm of possibility were to get to a situation where they might have a majority in the Senate with mansion's vote a 51 Democrats to 49 Republicans not a 5050 but a 5149. I think at that point mansion would be accepted within the caucus. Because among other things he would put Dianne Feinstein in in charge of the Senate Judiciary Committee. And that. That's the the tough calculus the reality of how the Senate operates and we would be foolish to deny it by the same token while I say that while I think that is that is a reality of how the Senate operates remember I think that that Mitch McConnell's going to let Murkowski continue to caucus with the Republicans. You know and would even if she was the barrier to Kevin getting on the court. I don't want to underestimate and this is something that your folks are just really rose from saying as regards the pledge drive you know people calling in and talking about their personal experiences talk about their own pain their own you know history and. And I don't think that should be underestimated I do think that mansion would burn some significant bridges in the Senate and that his boat would be you know I think it's the historic vote I think it would be remembered. Not merely for months or years who would remember to the end of his career All right John Nichols thank you so much for your time today because when I go can I just politics can I just say. There are very few radio networks very few stations around the country they're giving this level of commitment to this coverage and what is still an incredibly critical stage and if there's anyone who has not pledged at this point in the previous you know you've got this matching grant and I cannot begin to emphasize how vital this coverage that's going on right now is and also because of it so it unique circumstance where it called vital the coverage going forward will be people we knew we do need to call in and support this station and support this kind of journalist and I think it becomes more vital every day and so I hope people will pledge Well you're practically doing our job for us that incredibly kind and generous voice is John Nichols Washington correspondent for The Nation magazine The only thing that's missing is the phone number 180-439-5732 extension 1800 hate. Or online at Kate p.f.a. Dot org He's correct we do have a $2000.00 challenge that is in effect for the next 25 minutes 5 callers on the line towards that challenge currently 180-439-5732 extension 1800 Hey p.f.a. 180-439-5732 online. We are now ready to return to the Senate floor right into That's right the debate has resumed it is now Tom Carper a Democrat from Delaware at the day it's just that high stakes surrounding the Sea that heated by Justice Kennedy maybe even higher the next justice may shift the balance of our nation's highest court for a generation maybe even longer. Next justice may very well be asked to rule on questions of executive power that test our democracy. And we're throwing ourselves if we refuse to acknowledge that the stakes are so high in large part because this chamber has yet to reckon with the grave injustice that was done to America Garland into our Constitution and 26000 as many will recall a Judge Garland who serve who serves as the chief justice of the chief judge of the d.c. Circuit Court the highest federal appeals court in our land was nominated by President Obama over 2 years ago to fill the seat held up by the late Justice Scalia on the Supreme Court shamefully he was denied any kind of consideration by this body he waited 293 days for a hearing and a vote that never came most Republican senators refused to even meet with him a good man and was treated badly and so is our Constitution the president obstruction our Republican colleagues mounted against Judge Garland was a shameful chapter for the United States Senate I'm still deeply troubled by those 293 days I know some of my colleagues are as well it's unlikely that I know. And it's likely that I'll continue to be troubled by them for the rest of my life we may never agree which side hold the pen now out of the grenade but restore recognizing this institutional never be the same if stealing Supreme Court seats and creating one set of rules for Democratic presidents another set of rules for Republican presidents is the new norm so Mr President despite the injustice done to America and justice course which was ultimately confirmed last year on a bipartisan basis I might add when Justice Kennedy retired earlier this year President Tom Crum nominated as we know judge read capital to fill that seat more than 12 years ago I met with Judge Kavanagh in my office here in the capital. When the Senate considered his nomination to the d.c. Circuit Court of Appeals. Back in 2006 I voted my hopes over mines 2 years unfortunately over the last decade many of my worst fears have come true I believe the judge Kavanagh's extreme record on the bench that has unfolded over the past dozen years stands in stark contrast to the views of most Americans on too many important issues for example Americans overwhelmingly support protection for those living with preexisting conditions Brett Kavanaugh ruled against up holding the Affordable Care Act in 2011 it's widely expected he would side with conservative justices if and when cases like Texas vs the u.s. Come before the court and if it does the a.c.s. Protection for people with preexisting conditions would be invalidated for tens of millions of Americans and speaking of health care Americans overwhelmingly support women having the freedom to make their own health care decisions Brett Kavanaugh working in the Bush White House in 2003 wrote in an internal memo stating that Roe versus Wade may not be considered quote settled law of the land because the Supreme Court can always overrule its precedent because quote Americans also overwhelmingly support independent checks on executive power we believe that no one in America is above the law yet Brett Kavanaugh And Joe I 2009 Minnesota law review article wrote that Congress should pass a law to exempt a sitting president from criminal prosecution or investigation when I learned of this Mr President my reaction was You gotta be kidding. But apparently he was not kill. Ironically that Thracian came just 11 years after Brad Cavanagh played a key role in drafting the Starr Report which laid out grounds for impeachment of then President Bill Clinton but the greatest threat that Brett Kavanaugh may poses to this cunt to this country and its people is with respect to our environment and all my years I've yet to meet anyone who doesn't want to make sure we have clean air to breathe and clean water during a review of Judge Kavanagh's nearly 300 opinions over the last 12 years both concurrences and dissents show judge Kavanaugh has voted to weaken or block environmental protections a staggering 89 percent of the time 89 percent of the time and fact Judge Kavanaugh has never dissented in a case that would weaken environmental protection and admit as much in his responses from questions for the record from Senator Sanders Feinstein and Harris and other words you know what I saying in other words almost 9 out of 10 times he has sided with those who weaken environmental protections over those that would strengthen it I fear that if confirmed Judge Kavanagh could well turn out to be the next Scott put we remember Him However unlike former e.p.a. Administrator who's 10 year ended finally after 18 torturous months Brett Kavanaugh could damage our environment for a quarter century or more if he serves on the Supreme Court for example just last year Scott put at temps to delay rules limiting methane emissions from oil and gas drilling was challenged in the d.c. Circuit court where Judge Cavanagh now serves and that case Judge Kavanaugh aside was Scott Pruitt and the fossil fuel industry voting against his colleagues who found still way l. Legal. Judge Cavanagh has also attempted to severely limit E.T.A.'s authority to regulate toxic emissions and greenhouse gases under the Clean Air Act. In 2012 he blocked the air pollution destruction sections that covering nearly half of our country in danger of thousands of lives this is especially concerning to those of us who live and Dan would say if I could tell Mr President we're over 90 percent of our air pollution comes from dirty emissions and states to our west that drift across our borders when I was governor Mr President I could shut down my state every car truck then off the road shut down every business we were to still get out of compliance for clean air clean air requirements because of the up when the state putting their pollution up in the air and then simply go to Delaware or Maryland or Jersey or any other state who happens to live along America's tailpipe on the East Coast strictly based on Judge Kavanagh's environmental record on the bench over the past 12 years I was prepared to vote no on his nomination many weeks ago. And last week the Senate and much of our country was riveted by compelling and I believe powerful testimony from a private citizen and a victim Dr Christine Ford who came forward to share the most traumatic experience of her life and. She stepped forward despite the serious risk that it posed for both her and her family death threat having moved out of her house and she testified despite being terrified she did so despite of being I'm sure that her story would make any difference at all she did so because she said it was their civic duty to share the truth show a lot of courage a whole lot of courage. I blame my colleagues I've been contacted by sexual assault survivors sense Dr Ford's testimony who have been inspired to come forward and share their stories it serves as further proof that this problem is not only under reported but that men and women are victims of sexual assault can and they do birth this trauma not for weeks not for months not for years for decades and some of our Republican colleagues have acknowledged that Dr Ford's testimony was credible but despite her credit credibility they say don't see her testimony is reason enough to deny judge Kavanaugh a lifetime appointment to the Supreme Court they say they don't have enough evidence to believe her instead they painted this is something of a he said she said situation involving young people well let's look at what he said then last week Judge Cavanagh currently sits on our nation's 2nd highest court came before the United States Senate and on leads a torrent of on believably partisan attack I've never seen anything like it and testimony before any committee I've served on or known of it claimed that the allegations against him were fueled by anger about President Trump and in 2016 election close quote It was so far as to say that the Clones the claims were merely quote revenge on behalf of the Clintons close quote he threatened Democratic members saying quote What goes around comes around close quote you know there's an old saying that says adversity does not build character it reveals it or at day I judge Kavanaugh revealed himself to be a partisan during that hearing. After witnessing the vitriol that Judge Kavanaugh spewed How could any left leaning cause think they could ever possibly get a fair shake from him to show their case come before the Supreme Court his temperament was clearly unbecoming of a judge when alone a Supreme Court justice. And what's perhaps even more disturbing is that it seems clear that Judge Cavanagh was willing to be so brazenly partisan in order to appeal to an audience of one watching the proceedings from $1600.00 Pennsylvania Avenue judge Kavanaugh his testimony last week also raise additional questions regarding his truthfulness for weeks my colleagues on the Judiciary Committee including Senators Durbin and Senator Leahy have raised serious concerns that Judge Kavanagh may have misled the Judiciary Committee about the extent of his role in the Bush administration helping several controversy 0 judicial nominees navigate the Senate confirmation process Judge Cavanagh may have also misled the Judiciary Committee about the extent of his role in the Bush administration helping shape several controversial decisions in the wake of the September 11th terrorist attacks including warrantless wiretapping and the right of enemy combatants. And during his most recent hearing about the allegations brought forward by Dr Ford judge Kavanaugh answered several questions about his younger days in ways that were at best misleading and a worse while under oath. Kavanagh's less than truthful answers on matters large and small points very troubling pattern and raise serious questions about his credibility. And even if my Republican colleagues don't want to believe Dr Ford and even if they agree the judge will judge Cavanagh judicial record the fact that he came before this body and so brazenly misled by fellow senators should I believe by itself be disqualified as president before coming to the Senate I was privileged to serve as you may recall a governor of Delaware for 8 years that rowing nominated dozens of men and women to serve as judges and then several course of national prominence the Delaware Supreme Court the stellar Superior Court Ellen Court of Chancery to name a few and while the roles of those chords differ the qualities that I look forward like you do she needs were similar. I look for men and women who are bright I look for men or women who know who all I look for a minute women who had the good judgment who are able and willing to make a decision including a difficult decision I look for men and women with a strong work ethic and I want to nominate somebody for troubled chairman just so I kwacha them retire on the john I look for nominees who are collegial and able to build consensus courts had several a larger panel. But there were 3 qualities that were most important to me 3 qualities judicial temperament impartiality. Treating everyone before them fairly or not showing partiality and finally truthfulness I was free to Dish and temperament impartiality and truthfulness fact there was a time in my 1st term as governor as president I deny the sitting justice of the dollar Supreme Court the opportunity to serve an additional 12 year term because he lacked appropriate judicial temperament I'm told that was unprecedented. That his judicial temperament what I thought was appropriate were not one and the same for president it gives me no joy to say what about to say but the temperament the judge Kavanaugh exhibited in the Judiciary Committee last week was not was it wasn't just unacceptable for a Supreme Court justice it would be unacceptable for a judge in Delaware and serving on the Delaware Court of Common Pleas last week. And ever to actually get to the truth and ens