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This is happening right now in washington, d.c., on the steps of the supreme court. we've got people gathered there. basically for the announcement from president trump. now that the nomination has been announced specifically with brett kavanaugh, you have people with signs that say stop kavanaugh. joining us, nina totenberg from npr, thank you so much for being with us on this big night. >> it's my pleasure. >> so let me get your top line reaction to the president choosing brett kavanaugh. seems like from the survey we've done over the evening thus far, he is both an expected choice, somebody...

Record at length on this question of whether a president is subject, should be subject to criminal investigations, civil lawsuits, indictment, impeachment and all the rest of it. he is the only one from that list who said a lot on the record in print on this matter that the white house could have reviewed and he's the one they picked. i can't imagine that under any other president picking him. but with no other president picking him, would your first concern be that maybe he was picking him because he thought he wouldn't indict him. >> does the phrase judge shopping come to mind? he's selectin...

Potential susceptibility to obstruction of justice charges, those writings by judge kavanaugh were overtly considered and reviewed by the white house team that was advising the president on making this pick. if that's true, if it turns out the president chose judge kavanaugh for this nomination in part on what he said about whether president trump could be indicted, would that itself be a factor for confirmation? would that be disqualifying? >> first, i have no doubt this president who seems to be very concerned about himself, didn't see that as a shining pearl within the picks that he had and...

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He has a very big paper trail. he has the time in the bush white house. he has the starr report, he's the principal author for and has to own. and has quite a number of opinions. and i think it does open up one glimmer of hope for the democrats, which is not a down vote, but a delay. there is the real possibility with the big paper trail and something coming up, this is why mcconnell preferred someone else. that the democrats may be able to maneuver into the shadow of the midterms and possibly the mueller report comes out, which could be a game-changer. >> and the president's desire to have a ...