WASHINGTON (AP) - More than a decade after he served as what's been called the president's "inbox and outbox," Brett Kavanaugh's role as White House staff secretary to President George W. Bush has become a flashpoint as Republicans push his confirmation to the Supreme Court.
Democrats want to see records from the time, portraying the potentially millions of documents as vital to understanding his approach to the law. Republicans disagree and have accused Democrats of using the issue to try to delay Kavanaugh's confirmation.
The debate could interfere with Republicans' goal of swiftly confirming President Donald Trump's pick for the court in time for the start of the new term Oct. 1. With the Senate control slimly held by Republicans 51-49, Democrats can't block Kavanaugh's nomination outright if Republicans hold together. Instead, Democrats are trying to delay the proceedings in hopes that time spent reviewing the judge's record could unearth fresh concerns to sway senators' opinions and upend voting.
Sen. Chuck Grassley, R-Iowa, the chairman of the Judiciary Committee tasked with holding hearings on Kavanaugh's nomination, said this week that Democrats' "bloated demands are an obvious attempt to obstruct the confirmation process." And on Friday, after negotiations with Democrats failed to produce a consensus on what documents should be sought ahead of a hearing on Kavanaugh's nomination, Grassley went ahead with a request to the Bush library for documents related to his work for the White House. The request seeks documents from Kavanaugh's time in the White House Counsel's office but not from his time as staff secretary.
Senate Minority Leader Chuck Schumer, D-N.Y., said Thursday that Kavanaugh himself has portrayed his three years as Bush's staff secretary, from July 2003 to May 2006, as "the most interesting and, in many ways, among the most instructive" to his work as a federal appeals court judge. Schumer said if Kavanaugh sees it that way, "why shouldn't the American people see what instructed him?"
For his part, Schumer on Friday released a letter to former president Bush calling on him to authorize the release of "the complete record of Judge Kavanaugh's service in the White House." And Sen. Dianne Feinstein, D-Calif., Democrats' leader on the Judiciary Committee, said her own request for the staff secretary documents was being blocked by the National Archives.
As staff secretary, Kavanaugh was the person who controlled the flow of documents to and from the president, including ensuring relevant people weighed in and channeling the president's questions and comments on that material to the right people. He was also a key part of the president's speechwriting process, helped put together legislation and worked on drafting and revising executive orders, he has said. He also traveled with the president, at points sitting in on meetings between the president and foreign leaders.
While Kavanaugh was staff secretary, Bush made a range of controversial decisions, including signing into law a partial-birth abortion ban and backing a constitutional amendment banning gay marriage. Democrats say that time is relevant to Kavanaugh's views and philosophy as a judge.
But Republicans argue the staff secretary documents aren't useful because Kavanaugh's job wasn't to provide his own advice but to ensure others' views were presented to the president. They say the papers contain the most sensitive White House documents, advice sent directly to the president. And they say the up-to-1 million pages of records they do expect to release will be the largest number of documents produced in connection with a Supreme Court nomination.