Lawyer, william burke. However, the lawyer then says but they were okay with giving this information over. This administration isnt. Make some sense of this for me. Well, i think the thing to think about is this, im not sure at the end of the day how much difference its going to make. Partly this is a matter of arithmetic. The republicans simply have the votes. But secondly while this will be, and you can count on it, that the democrats will be following joe bidens advice, theyll be saying how can we vote on this guy until we know every possible thing about him. The crucial question will be how will he vote as a judge, what can we learn from his time on the Court Of Appeals here in the district of columbia. I think thats where the bulk of the questions will be. Whats going to be new and different about this Confirmation Hearing is questions about how far you can go in subpoenaing or possibly indicting or other Legal Process against a sitting president. That becomes important obviously because of whats going on with
bob mueller and President Trump and its an important question for judge kavanaugh because when he worked for ken starrs team during the Monica Lewinsky investigation, he had one view that you should be able to go after a sitting president. Since then hes changed his mind and say, no, president s should be beyond the reach of that sort of Legal Process, although he has said that it would take acts of congress to give them complete immunity. Danny, i want to just refer to a quote that i think weve heard before. Its not a quote but a recording weve heard of kavanaugh talking about morrison versus olson. This is a case which is about executive its about a special counsel. Its the legislation that allows for a special counsel. Listen to what kavanaugh had to say about this. Can you think of a case that deserves to be overturned . Yes. Actually i was going to say one, morrison v. Olson. Thats the independent counsel statute case. Exactly is in control of the independent counsel . Can you have this creation that lives outside of our three branches of government that has really its responsible or answerable to no one. Conservatives have long criticized it and it was effectively overruled, we say quietly in a 1997 case, an opinion authored by justice scalia. So i should caution people, dont look too closely into that criticism of morrison v. Olson as Justice Kavanaugh indicating that he would withdraw the power of the special counsel. So its not that the president cant be investigated, just conservatives and kavanaugh dont like what that law, which has essentially been overturned, does do. But i want to ask you something about settled law. Well be hearing over the next few days in these hearings about whether Kavanaugh Deems things like roe v. Wade to be settled law. We use that term a lot on tv. Whats it supposed to mean . Settled law is about the
concept of Stare Decisis. Thats the principle that you let established precedent lie. The controversy with roe is that roe is built on a weak foundation. In fact a criticism of roe is that it was decided too quickly. When the trends were changing and congress and other State Legislatures might have arrived at that conclusion without the court summarily yanking all of these Abortion Laws from the State Legislatures. Thats not my opinion, thats the opinion of Justice Ginsburg in some speeches that shes given back dating back decades. The idea is the court shouldnt be doing what legislators should be doing. Thats a core tenant of texturalism, the idea that the Supreme Court, by simply deciding that something should be a right because it feels good is overruling essentially the peoples vote through their representative government, through their legislatures. So when we talk about settled star, Stare Decisis is not the
trump was prescreened by two rightwing extremist groups. One of those groups, Executive Director has made clear that his number one goal in life is to overturn roe versus wade. The other group has made a top priority rolling back Health Care Coverage for tens of millions of americans. So these are immediate issues that will touch people all across this country. Well, for my next guest, the battle over the Supreme Court touches her family. Its entirely personal. She argues that confirming kavanaugh to the court would jeopardize her daughters life. Jamie davissmith is a photographer in washington, d. C. She joins me now. Jamie, thank you for joining me on this. Look, there are some questions about what Brett Kavanaugh would do about the Affordable Care act, but yours is a very specific situation and it refers to a 2007 ruling in which kavanaugh wrote a decision in Dotarlo Versus the district of
columbia arguing that the government has the right to make Health Decisions on the basis of individuals who otherwise may not have that decisionmaking ability themselves. Tell me about this. Sure. Well, my daughter, claire, was born in 2006 in washington, d. C. , and faced a lot of challenges, but we my husband and i always hoped that shed be able to live a life with dignity and with some right to selfdetermination, whatever that meant for her. And then in 2007 this decision came down with Brett Kavanaugh as the judge in that case and he decided that contrary to what the majority of americans and what the majority of other judges across the country have found, that individuals with disabilities, intellectual disabilities like my daughter dont even have the right to have their own wishes considered when it comes to elective medical procedures. And for me its just hard to imagine any scenario in which an individuals own wishes about their own medical care would be
completely irrelevant. But that is in fact what judge Kavanaugh Has said he believes. And if he is given a seat on the Supreme Court, its very likely that that could become the Law Of The Land and would affect not just individuals with disabilities like my daughter, who live in d. C. , but could affect all americans with individual disabilities across the country. And this case had been decided in a prior court in favor of people with disabilities. Just so we know, tell me what the practical effect of this would be on someone like your daughter. Well, there were three plaintiffs in the case. One was subjected to an unwanted eye surgery and two were objected to unwanted abortions. My daughter could be subject to any number of medical procedures as she grows older. She is a medically complex child. Shes 12, so shell soon be a medically complex adult. She does have disabilities that affect all organs in her body,
her brain, her heart, her kidneys, so its easy to imagine that she has a number of surgeries in her future. And if any of those are considered voluntary or elective, she would have no say at all in whether she wanted that surgery even if her wishes she doesnt have the decisionmaking over what she can do but in your view shes able to express desires, wants, things that she may want to have or not want and under the decision that kavanaugh made, that wouldnt be regarded . Exactly. So using the example of an eye surgery, she does have problems with her eyes. This is something that has actually happened. If there were a surgery that could perhaps improve her vision slightly but she didnt want that surgery and she could express that, maybe she doesnt like the side effects of anesthesia or doesnt like being in a hospital, she could express perhaps that she would rather live with slightly less vision
than have to go through that procedure. Under judge kavanaughs view, her wishes dont have to be considered at all. Even though its a highly invasive procedure that carries risks. Jamie, thanks for sharing this story with us. Jamie davis smith. Tomorrow join msnbc for special live coverage. Confirmation hearing starting at 9 00 a. M. Eastern right here on msnbc. Up next, voters in massachusetts head to the polls tomorrow in one of the countrys most heated primaries. The democratic establishment faces the possibility of a shakeup illustrating a divide between the partys longtime stalwarts and new upstarts. Alwas and your Current Treatment hasnt worked well enough it may be time for a change. Ask your doctor about entyvio®, the only biologic developed and approved
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values. Reporter and so whats fascinating about this race is while presley has been likened to people like Alexandria Ocasio Cortez who unseated joe crowley, this is not a direct parallel because these two actually on paper, on policy, its not like shes running to the left of him. Hes pretty much a good democrat, a good liberal here. His voters feel that he is in line with what they want. Of course trump is someone who has taken a central seat in this race. When we spoke to both of these candidates, they have spoken out against the president. But the comparison there to Ocasia Cortez for Ayana Presley is shes not looking to wait in line to run against mike capuano. She said shes someone who wants to show that she can be a new face for a changing demographic here in this 7th district, and tomorrow night well find out if thats actually the case. If you had to figure out what the beef really is that presley
and her supporters have with somebody like capuano, is it generational . Is it that they didnt theyre not fighting enough for progressive interests . Is it that theyre not kw capuano is not progressive enough . What is the actual complaint . Reporter i dont know if ive heard the not progressive enough argument made here, but this is a district that has gotten more younger and racially diverse. Presley is a black woman and she would be the first black woman to have this congressional seat if elected so i think there is an argument among presley supporters that the district is changing, the demographics are changing and they might want someone who reflects physically what their experience has been and her experience has been growing up here. So i think that is the beef, so to speak, in this race. That being said, capuano supporters would be the first to tell you that they feel like he is progressively in line with where they would like him to be on policy in d. C. As well as bringing home the bacon for his constituents here in boston and
the surrounding areas. This will be a great race, well watch it closely tomorrow. Thanks for reporting on it for us. Coming up, anticipation is building as the window closes this week for special Counsel Robert Mueller to drop any bombshells before the 60day runup to novembers midterms. The president an his circle are on heightened alert for a possible preelection surprise. Plus the president just took another swipe at one of his very favorite twitter targets, Jeff Sessions. What trump is saying about the man he picked to lead the Justice Department, next. Omar, look. [ Thunder Rumbles ]
omar, check this out. Uh, yeah, i was calling to see if you do laser hair removal. For men. Notice that my hips are off the ground. [ Engine Revving ] and then, im Gonna Pike My hips back into downward dog. [ rhythmic tapping ] hey, the rain stopped. A bad day on the road still beats a good one off it. Tell me about that dental procedure again i can still taste it in my mouth progressive helps keep you out there. I can still taste it in my mouth if your adventure. Keeps turning into unexpected bathroom trips. You may have overactive bladder, or oab. Ohhhh. Enough already we need to see a doctor. Ask your doctor about myrbetriq® mirabegron . It treats oab symptoms of urgency, frequency, and leakage. Its the first and only Oab Treatment in its class. Myrbetriq may increase blood pressure. Tell your doctor right away if you have trouble emptying your bladder or have a weak urine stream. Myrbetriq may cause serious allergic reactions. Like swelling of the face, lips, throat or tongue, or Trouble Breathing. If experienced, stop taking and tell your doctor right away. Myrbetriq may interact with other medicines. Tell your doctor if you have liver or kidney problems. Common side effects include increased blood pressure, common cold or flu symptoms,. Sinus irritation, dry mouth, urinary tract infection, bladder inflammation,. Back or joint pain, constipation, dizziness, and headache. Need some help managing your oab symptoms along the way . Ask your doctor if myrbetriq is right for you, and visit myrbetriq. Com to learn more. Nears with the rips wary of any preelection surprises. There have been 32 indictments, 5 guilty pleas and two people behind bars. One of those guilty pleas is from former Trump Campaign advisor George Papadopoulos. On friday he is set to appear before a federal judge. Over the weekend his attorneys filed a 16page Defense Sentencing Memo alleging that mr. Trump and Attorney GeneralJeff Sessions approved of the meeting between trump and Russias Vladimir Putin during the 2016 campaign. Joining me now is joyce vance, former u. S. Attorney and msnbc contributor and john laurel, former federal prosecutor. Thanks to both of you for being here. Joyce, i was talking to somebody, a lawyer on friday maybe, who said to me that Rudy Giuliani carrying on about this 60daytime limit before an election is either 99 wrong or 100 wrong. But those are the only options there. There is not a rule that
prevents an actual indictment or an actual report from coming out from the Justice Department if it is not with the intention of influencing the outcome of an election. Thats right, theres not a rule in this regard. What there is instead is a prudential policy of restraint that doj imposes on itself to carefully scrutinize actions that are taken within some window leading up to a federal election or a State Election too, not necessarily 60 days, but for prosecutors to think about whether the actions