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Democrats needing -- knowing they don't necessarily have the votes to stop brett kavanaugh -- >> diane feinstein is reading an important e-mail having to do with roe versus wade. >> if you could, do you believe it is correctly settled? >> thank you, senator feinstein. in that draft letter, it was referring to the views of legal scholars. i think my comment in the e-mail was that might be overstating the position of legal scholars. so it wasn't a technically accurate description in the letter of what legal scholars thought. at that time, i believe chief justice rehnquist and justice scalia were...

Since the court can always overrule precedent. democrats saying it called into question kavanagh's view of whether the abortion law could be overturned, an issue that could turn key votes against him. kavanagh on thursday denied that was the case. >> in that draft letter it was referring to the views of legal scholars. >> reporter: and returned to a familiar refrain, roe versus wade was precedent and could go no further. late wednesday night senator harris pressed kavanagh about whether he had discussed special counsel's robert mueller's investigation. >> have you ever discussed special counse...

Probably not. >> the democrats are in some cases breaking the rules to make public e-mails that the republicans want to keep confidential. the big question unless there's a surprise, can you get murkowski or collins, two moderate senators of alaska and maine respectively to break? if you can't you don't have the votes. then there's a separate question of red state democrats to support him. that's later. the big controversy today is does this e-mail in which kavanaugh says i'm not sure that all legal scholars refer to roe as settled law of the land, that's an e-mail he wrote back in 2003 workin...

Draft letter on a trade deal. it's been done for about two minutes. but that was another thing in the book that was just totally false. >> totally false and no documents. >> right. he said it was phony. here it is. here's the letter. i've read the book. it's in the book. it's absolutely real. >> look, what's critical about this is that it explains, it makes the case as you said according to woodward's book. this wasn't just one person, this was a group of white richd. by the way. and said he stands by all of your reporting in the book. >> thank you all so much. i really appreciate it.

What legal scholars refer to. so please once again tell us why you believe roe is settled law and if you could, do you believe it is correctly settled? >> so thank you, senator feinstein. in that draft letter, it was referring to the views of legal scholars and i think my comment in the e-mail was that might be overstating the position of legal scholars. so it wasn't a technically accurate description in the letter of what legal scholars thought. at that time i believed chief justi justice rehnquist and justice scalia were still on the court but i think it was overstating something about legal...