The Note: Democrats seizing fight over Kavanaugh

September 5, 2018, 6:04 AM

WASHINGTON, D.C. -- The TAKE with Rick Klein

It will all be on full display – in a fight the Democratic base craves, even if the outcome is all but certain – on Wednesday when Judge Brett Kavanaugh’s Supreme Court confirmation hearing turns to questions from senators.

Kavanaugh’s confirmation is unlikely to be determined by concerns over documents or transparency. And the 2020 Democratic race won’t be settled by lectures from or interruptions by presidential hopefuls on the Senate Judiciary Committee.

But Democrats looking for ways to engage voters could do worse than to have a national public airing of the stakes. That very much includes questions of executive power and its use by President Donald Trump.

“If you want to pick judges,” Sen. Lindsey Graham, R-S.C., told his Democratic colleagues Tuesday afternoon, “you better win.”

It was meant as something of a taunt. It could also be read as a challenge.

PHOTO: Supreme Court nominee Judge Brett Kavanaugh appears before the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Hart Senate Office Building on Capitol Hill Sept. 4, 2018 in Washington.
Supreme Court nominee Judge Brett Kavanaugh appears before the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Hart Senate Office Building on Capitol Hill Sept. 4, 2018 in Washington.
Chip Somodevilla/Getty Images

The RUNDOWN with Adam Kelsey

The pre-race comparison was easy and so it dominated the storyline as Election Day approached: A white, male incumbent congressman representing an urban East coast district since the late '90s faces an upset by a younger, minority woman running on a progressive platform.

But make no mistake, Ayanna Pressley is not Alexandria Ocasio-Cortez.

The campaign of Pressley, long eyed as a rising star in Boston Democratic circles, didn't explode from activist circles and catch her challenger and the party off-guard, like that of Ocasio-Cortez. Instead, her opponent Rep. Mike Capuano knew of her success on the Boston City Council and of her popularity with the city's progressives, and returned home to Massachusetts' 7th district for a serious campaign. He was unsuccessful.

But the details that make Pressley's victory Tuesday less of a surprise, namely her experience and more-traditional path to election, are also the ones that better position her to make an immediate impact when she arrives in Washington, where the learning curve will be more gradual and the feathers of her colleagues less-ruffled.

And now, the post-race analysis will also check off a number of boxes: The "pink wave," the strength of progressives. But in a most-unusual election year, sometimes the simplest explanation is the most fitting. A strong and experienced candidate ran a good race, and a demographically-changing district chose one of their own.

PHOTO: Boston City Councilor Ayanna Pressley, who is challenging Rep. Michael Capuano, D-Mass., gestures during a debate at the University of Massachusetts, in Boston, Aug. 7, 2018.
Boston City Councilor Ayanna Pressley, who is challenging Rep. Michael Capuano, D-Mass., gestures during a debate at the University of Massachusetts, in Boston, Aug. 7, 2018.
Charles Krupa/AP, FILE

The TIP with Terry Moran

The president’s Supreme Court nominee took some heated questions on Tuesday, marking Day 1 of his confirmation hearing.

With desperation in the air and pressure from democratic voters spoiling for a fight, Senate Democrats took heed in what they see as necessary action to convey to their Republican colleagues to disapprove Judge Brett Kavanaugh.

In an interesting tactic to defeat Kavanaugh’s nomination, the Democrats seem to be deploying a two-tier strategy — firing up the base and raising questions that fair-minded Americans may want answers to.

With unseen documents, is there something being hidden about this nominee? Is he in the mainstream?

In an upset 2016 Supreme Court defeat, Democrats have utilized their agony and passion towards the current Supreme Court battle — determined to come out victorious.

But, what we saw Tuesday was the passion of the Democrats who are driving these senators essentially to stage protests in the hearing themselves — and ultimately the powerlessness of Democrats.

PHOTO: Fred Guttenberg, left, attempts to shake hands with President Donald Trump's Supreme Court nominee, Brett Kavanaugh as he leaves for a lunch break while appearing before the Senate Judiciary Committee on Capitol Hill in Washington, Sept. 4, 2018.
Fred Guttenberg, the father of Jamie Guttenberg who was killed in the Stoneman Douglas High School shooting in Parkland, Fla., left, attempts to shake hands with President Donald Trump's Supreme Court nominee, Brett Kavanaugh, right, as he leaves for a lunch break while appearing before the Senate Judiciary Committee on Capitol Hill in Washington, Sept. 4, 2018.
Andrew Harnik/AP

WHAT YOU NEED TO KNOW TODAY

  • Supreme Court nominee Brett Kavanaugh appears before the Senate Judiciary Committee at 9:30 a.m. for his second day of confirmation hearings.
  • The President meets with the Amir of the State of Kuwait, Jaber Al-Ahmad Al-Sabah, at 1:50 p.m. at the White House. He then meets with Republican Congressional leaders behind closed doors at 3:30 p.m.
  • Secretary of State Mike Pompeo heads to Islamabad, Pakistan, to meet with Federal Minister Shah Mehmood Qureshi at 6 a.m. EST and Prime Minister Imran Khan 7:35 a.m.
  • House Minority Leader Nancy Pelosi, House Democrats and health care advocates will hold a press event on GOP attacks on pre-existing condition protections at 10 a.m. on Capitol Hill.
  • Twitter CEO Jack Dorsey and Facebook Chief Operating Officer Sheryl Sandberg are scheduled to testify before the House Energy and Commerce Committee about the ongoing threat of foreign influence through social media platforms at 1:30 p.m. on Capitol Hill.
  • The African Methodist Episcopal Church holds a “Call to Conscience — Day of Action” to oppose white supremacism, nationalism and anti-immigration efforts at 10 a.m. in Lafayette Park in Washington, D.C.
  • Fifty sheriffs along with and members of Congress will gather together to share their experiences and public safety challenges associated with illegal aliens and call on Congress to act on pending legislation on immigration reform at 10 a.m. on Capitol Hill.
  • QUOTE OF THE DAY

    “No Republican, no Democrat, is immune from being prosecuted for misdeeds.” Sen. Lindsey Graham, R-S.C., said in response to President Trump’s tweets - slamming Attorney General Jeff Sessions for indicting two GOP lawmakers.

    THE PLAYLIST

    ABC News' "Start Here" Podcast. Wednesday morning's episode features ABC News Senior White House correspondent Cecilia Vega, who outlines allegations in Bob Woodward’s new book about the Trump administration. ABC News Senior National Correspondent Terry Moran recaps Day 1 of the Brett Kavanaugh Supreme Court confirmation hearings: “I’ve never seen anything like this.” And, ABC News’ Zunaira Zaki previews today’s Capitol Hill testimony from social media executives https://bit.ly/2Ohkpz8

    ABC News’ “Powerhouse Politics” Podcast. On Wednesday afternoon’s episode, ABC News’ Chief White House Correspondent Jonathan Karl and Political Director Rick Klein will interview Dan Pfeiffer, co-host of “Pod Save America.” https://bit.ly/2w091jE

    NEED TO READ

    Facebook, Twitter execs to face lawmakers over foreign influence operations. Top executives from social media behemoths Facebook and Twitter are set to testify Wednesday before lawmakers about the ongoing threat of foreign influence operations on their platforms, as the shadow of possible Russian interference looms over the 2018 midterm elections. Here's what you need to know. (Lee Ferran) https://abcn.ws/2NiSgd1

    Special counsel team responds to Trump lawyers on potential written interview responses: Sources. Sources close to the White House tell ABC News that Special Counsel Robert Mueller's office responded to President Donald Trump’s legal team late last week regarding a potential interview with the president. (John Santucci) https://abcn.ws/2Cs8gWe

    Brett Kavanaugh says a 'good judge' must be an 'umpire' in first day of confirmation hearing. Confirmation hearings for Supreme Court nominee Brett Kavanaugh began with protests Tuesday, as Democrats objected to what they say is a lack of critical information about the judge's record and demanded the proceedings be delayed. (Stephanie Ebbs) https://abcn.ws/2CiHb7P

    Progressive challenger takes down Boston-area congressman in latest primary upset. Boston City Councilor Ayanna Pressley defeated longtime Rep. Mike Capuano in a closely watched primary Tuesday night, with energized Democratic voters opting to send a dynamic new voice promising bold leadership and demanding change to Washington over a veteran progressive. (Benjamin Siegel) https://abcn.ws/2PAUSR6

    New Bob Woodward book paints portrait of chaotic and paranoid White House. President Trump described Attorney General Jeff Sessions as a “traitor” and “mentally retarded” to aides, according to excerpts published from an explosive new book by veteran journalist Bob Woodward. (Meridith McGraw and Jordyn Phelps) https://abcn.ws/2NSRp00

    Top 12 takeaways from Bob Woodward's new book on Donald Trump. ABC News obtained a copy of "Fear: Trump in the White House," and culled some of the best information from its 357 pages on Tuesday. (ABC News) https://abcn.ws/2oJ3h9P

    Father of Parkland victim says Kavanaugh would not shake his hand at Supreme Court confirmation hearing. The father of a student killed in the school shooting in Parkland, Fla., says Supreme Court nominee Brett Kavanaugh refused to shake his hand during a break in Tuesday’s confirmation hearing. (Julia Jacobo) https://abcn.ws/2Ng9gAU

    Former US Sen. Jon Kyl tapped to replace John McCain. Arizona Gov. Doug Ducey will appoint former U.S. Sen. Jon Kyl to replace the late John McCain, who passed away last month due to complications from brain cancer. (John Verhovek) https://abcn.ws/2Ne6wDY

    Embattled Chicago Mayor Rahm Emanuel not seeking re-election. In a stunning, unexpected decision — after months of indicating he would seek re-election — Chicago Mayor Rahm Emanuel has announced he will step down and not try to retain his office at the end of his term in May 2019. (Alex Perez and Andy Fies) https://abcn.ws/2wI11Dk

    EPA watchdog accuses agency of failing to justify Scott Pruitt's security spending. The U.S. Environmental Protection Agency did not justify increased spending on former Administrator Scott Pruitt's 24-hour security detail, which grew by almost $2 million in less than a year, the EPA’s watchdog said. (Stephanie Ebbs) https://abcn.ws/2PFKesz

    US escalates warning to Assad regime, Russia not to use chemical weapons in Idlib. The White House is doubling down on its warning to the Syrian regime not to use chemical weapons ahead of an expected assault on Idlib province in northwest Syria, saying the U.S. will respond "swiftly and appropriately." (Conor Finnegan and Elizabeth Mclaughlin) https://abcn.ws/2CkS099

    Why Democrats Were So Fiery On Day 1 Of The Kavanaugh Hearings. Democrats on the Judiciary Committee repeatedly moved that the hearing be adjourned or delayed — here’s why. FiveThirtyEight reports. https://53eig.ht/2Q4ICJC

    The Note is a daily ABC News feature that highlights the key political moments of the day ahead. Please check back tomorrow for the latest.

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