text: Follow Friday’s updates on the Kavanaugh hearing here: John Dean to warn of a ‘pro-presidential powers’ Supreme Court 
   
   Judge Brett M. Kavanaugh is appearing before the Senate Judiciary Committee on Thursday as senators continue publicly interviewing President Trump’s nominee for the Supreme Court. 
   
   Kavanaugh, a member of the U.S. Court of Appeals for the District of Columbia Circuit, has a good chance of being confirmed when the Senate votes later this month. Under questioning from senators, he has so far touched on Roe v. Wade, said courts — not the president — are “the final word” and, as the hearing began, watched drama unfold regarding Sen. Cory Booker (D-N.J.)’s pledge to release confidential documents. 
   
   Key moments from the hearing: 
   
   • Drama over confidential emails....that were already cleared for public release 
   
   • Kavanaugh advised against calling Roe “settled law” 
   
   • Kavanaugh elaborates on dissent on contraception and religious objections 
   
   • Emails show more involvement with nominee than Kavanaugh previously suggested 
   
   10:13 p.m.: Hearing adjourned 
   
   More than 12 hours after the questioning began Thursday morning, Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) adjourned the confirmation hearing for the day. Grassley closed the session by praising Kavanaugh for his “compelling and credible” answers, highlighted his history on the bench and said that “unquestionably, you’re qualified to serve on the Supreme Court of the United States.” 
   
   “I hope a lot of people in this country have formed very positive views of you, as I have,” Grassley said. 
   
   Kavanaugh spent nearly 24 hours over two days answering questions, with many of the discussions on Thursday centering in some way or another on President Trump, who nominated Kavanaugh to the high court. Members of the Senate Judiciary Committee, including some Republicans, pressed Kavanaugh about his expansive views of presidential power and past writings that concluded civil suits and criminal investigations of presidents would be better delayed until the chief executive left office. Read more about Thursday’s hearing here. 
   
   Friday is the fourth and final scheduled day of Kavanaugh’s confirmation hearing, which will feature comments from witnesses. 
   
   — Mark Berman 
   
   8:55 p.m.: Behind the dramatic release of once-concealed documents 
   
   The dramatic release Thursday of once-concealed documents from Supreme Court nominee Brett M. Kavanaugh’s tenure in the George W. Bush White House spotlighted the simmering frustrations from Democrats over how Republicans have kept secret vast parts of Kavanaugh’s voluminous paper trail. 
   
   Tens of thousands of pages from Kavanaugh’s records have been hidden from public view, only available to senators and certain congressional aides in advance of Kavanaugh’s confirmation hearings this week. 
   
   On Thursday, a small sample of the “committee confidential” documents were disclosed after Democratic senators asked that they be approved for public release, raising questions about why the documents had been considered confidential in the first place. 
   
   Read more here. 
   
   7:30 p.m.: Pressed on gay rights, Kavanaugh declines to say same-sex marriage ruling was correctly decided 
   
   Sen. Kamala D. Harris (D-Calif.) pressed Kavanaugh for the first time Thursday night about gay rights. The judge refused to answer whether the high court’s ruling declaring a constitutional right for same-sex couples to marry was correctly decided. 
   
   Justice Anthony M. Kennedy, the man Kavanaugh would replace on the bench, cast the deciding vote in the case, Obergefell v. Hodges. 
   
   Kavanaugh instead read aloud from another Kennedy ruling this year involving gay rights in which the justice wrote that gay people “cannot be treated as social outcasts or as inferior in dignity and worth.” 
   
   Harris noted that Kavanaugh earlier this week characterized the landmark decision declaring segregated schools unconstitutional as a great moment in history, and asked whether the high court’s decision legalizing gay marriage was a similar moment. 
   
   The judge said only that it was precedent. 
   
   The White House sent out information on Kavanaugh’s record on gay rights soon after the exchange, noting that Kavanaugh has not had a major case involving gay rights in his 12 years on the D.C. Circuit. 
   
   “Kavanaugh rules fairly and impartially based on the law, not the identity of the parties before him, and he has a record of faithfully applying legal protections for racial minorities, women, and other protected groups,”the White House statement said. 
   
   — Ann E. Marimow 
   
   7:11 p.m.: Kavanaugh, pressed again, said he has not discussed the Mueller probe 
   
   Sen. Kamala D. Harris (D-Calif.), who late Wednesday asked Kavanaugh if he had discussed special counsel Robert S. Mueller III’s investigation into Russian interference in the 2016 election with attorneys at the law firm founded by President Trump’s personal lawyer, Marc Kasowitz, questioned him again Thursday. 
   
   Picking up a line of inquiry that her colleagues, including Sen. Richard Blumenthal (D-Conn.), had followed during the day, Harris peppered him with follow-up questions. Noting that he had denied having “inappropriate” conversations about it, Harris asking Kavanaugh if he had discussions regarding the special counsel’s probe and whether he had discussed it with anyone at Kasowitz’s firm, saying she had unspecified “reliable information” he had done the latter. (The firm denied this earlier in the day). 
   
   Kavanaugh asked Harris if she was asking whether he spoke to anyone specific about it, but she said that was not the question. 
   
   “That is not the subject of the question, sir,” she said. “The subject of the question is you and whether you were part of a conversation regarding special counsel Mueller’s investigation.” 
   
   Kavanaugh, nearly a day after their exchange late Wednesday, responded: “The answer’s no.” 
   
   Harris replied by thanking him and saying “it would have been great if you could’ve said that last night,” prompting Kavanaugh to begin a reply before cutting him off. 
   
   “Let’s move on,” Harris said. 
   
   The end of the exchange prompted a rare reaction from White House counsel Donald McGahn, who has largely kept his poker face during the hearings while seated behind Kavanaugh in clear view of the cameras. After Harris’s remark about moving on, McGahn gave a slight shake of his head and briefly arched his eyebrows. 
   
   — Mark Berman 
   
   6:52 p.m.: Booker asks why Kavanaugh won’t recuse himself from the Mueller probe 
   
   Hours after Sen. Cory Booker (D-N.J.) took center stage with drama over some of the documents the committee had, he had a chance to speak to Kavanaugh, pressing the judge on a variation of a question he had been asked previously during the hearings: Why not recuse himself from any court matters that would involve the ongoing special counsel probe because, as Booker said, “it’s really important that the Supreme Court be above suspicion”? 
   
   Kavanaugh responded by saying doing so would mean showing he did not have judicial independence. 
   
   “All I would be doing is demonstrating that I don’t have the independence of the judiciary … that is necessary to be a good judge,” Kavanaugh responded. “All of the nominees who’ve gone before have declined to commit because that would be inconsistent with judicial independence.” 
   
   — Seung Min Kim 
   
   5:50 p.m.: Hearing pauses for dinner 
   
   The hearing was halted until 6:15 p.m. for a dinner break. After that, four senators will get their turns to question Kavanaugh before the committee opens up a new round of questioning. 
   
   5:15 p.m.: Kavanaugh declines to condemn Trump’s attacks on judiciary 
   
   Kavanaugh refused to repudiate what Sen. Richard Blumenthal (D-Conn.) described as President Trump’s “blatant, craven and repeated attacks” on the federal judiciary. 
   
   Blumenthal was referring to Trump’s criticism that Justice Ruth Bader Ginsburg “has embarrassed us all” and “her mind is shot.” Ginsburg had been critical of Trump, prompting him to make the comments on Twitter during the 2016 presidential campaign. 
   
   Kavanaugh took a pass, saying he did not want to “get within three Zip codes” of such a political controversy. 
   
   Blumemthal noted that the president’s first Supreme Court pick, Justice Neil M. Gorsuch, explicitly condemned Trump’s attacks as “disheartening” and “demoralizing.” Gorsuch spoke generally, but his comments came after the president had criticized the ethnic background of Judge Gonzalo Curiel, who ruled against the administration’s travel ban. 
   
   Sen. Mazie Hirono (D-Hawaii) followed up, suggesting that the judge was resisting any criticism of President Trump. 
   
   Kavanaugh disagreed. As a judge, he said, “We stay out of politics, we don’t comment on comments made by politicians.” 
   
   — Ann E. Marimow 
   
   5:08 p.m.: Blumenthal presses Kavanaugh on Mueller probe 
   
   The ongoing special counsel investigation into Russian interference in the 2016 election took center stage at the hearing again Thursday afternoon — this time, in a line of questioning from Sen. Richard Blumenthal (D-Conn.). 
   
   Following questions on Wednesday night and again Thursday morning, Kavanaugh was again pressed about special counsel Robert S. Mueller III’s probe, which could eventually make its way before a Supreme Court featuring Kavanaugh as a member. 
   
   Blumenthal asked Kavanaugh if he had ever discussed the investigation with anyone, and Kavanaugh echoed his earlier remark in saying: “I’ve had no inappropriate discussions with anyone.” 
   
   Blumenthal followed that by asking if the judge had ever discussed the investigation with anyone, whether appropriately or inappropriately. Kavanaugh acknowledged that it had come up — “If you’re walking around in America it’s coming up, senator” — but he also repeatedly emphasized that he never crossed any lines in discussing it. 
   
   “I’ve never suggested anything about my views about anything, commitments, foreshadowing, I’ve had no inappropriate discussions,” he said. 
   
   Blumenthal then pivoted to asking if Kavanaugh had discussed it with anyone in the White House, including Donald McGahn, the White House counsel seated behind Kavanaugh during the hearings. When Blumenthal asked Kavanaugh if he had discussed the probe with McGahn or anyone else in the White House, calling it a yes or no question, Kavanaugh said: “I’m not remembering any discussions like that.” 
   
   He added, though, that during his preparations for the confirmation hearings, he had readied for queries like the ones Blumenthal had posed. The questioning grew mildly tense, with Blumenthal suggesting that Kavanaugh’s answers were ambiguous, which the judge disputed. 
   
   After Blumenthal finished his questioning, Sen. Charles E. Grassley (R-Iowa) broke in to ask Kavanaugh if he had ever suggested to anyone how he would rule on any matter related to the Mueller probe, and the judge answered: “No, I have not.” 
   
   Blumenthal followed up his questions about the probe by asking whether Kavanaugh had discussed the inquiry with anyone at the law firm founded by President Trump’s personal lawyer, Marc Kasowitz. 
   
   Earlier on Thursday, the firm Kasowitz Benson Torres said in a statement that “no discussions” regarding the probe had occurred “between Judge Kavanaugh and anyone at our firm.” 
   
   When asked by Blumenthal, Kavanaugh echoed his earlier comments that he did not remember any discussions with anyone at the firm about the probe. When asked if he knew Kasowitz, Kavanaugh said no. 
   
   When asked if he knew anyone at the firm, Kavanaugh said yes, naming Ed McNally, who used to work at the White House counsel’s office and is now at the firm. Kavanaugh said he had not discussed the special counsel’s probe with McNally. 
   
   — Mark Berman 
   
   3:35 p.m.: Kavanaugh tries to clarify involvement in judge’s confirmation 
   
   Kavanaugh on Thursday discussed his involvement in the confirmation of now-Judge William H. Pryor Jr. to the U.S. Court of Appeals for the 11th Circuit — clarifying his testimony from 2004 when he said he hadn’t handled that nomination when he served as an associate White House counsel. 
   
   The nominee’s comments came after the new disclosure of emails earlier Thursday that detailed what appeared to be Kavanaugh’s involvement in Pryor’s confirmation fight, including conference calls to coordinate strategy and meetings to discuss plans for the nominee’s hearings. 
   
   Kavanaugh explained Thursday that in the George W. Bush White House counsel’s office, one person would be assigned to handle the confirmation of each judicial nominee. “As I recall at least, I was not the primary person on that,” Kavanaugh said, referring to Pryor’s nomination. 
   
   While Kavanaugh said he didn’t recall specifics of his involvement, some examples he cited were attendance at meetings and mock hearing sessions. 
   
   In 2004, during his confirmation hearing for the U.S. Court of Appeals for the District of Columbia Circuit, Kavanaugh said several times under questioning by then-Sen. Edward M. Kennedy (D-Mass.) that he had not been involved with Pryor’s confirmation. 
   
   “I am familiar generally with Mr. Pryor, but that was not one that I worked on personally,” Kavanaugh testified then, although he noted during the hearing that he knew Pryor. Upon further questioning, Kavanaugh said: “I was not involved in handling his nomination.” 
   
   Kavanaugh, with the help of Grassley, clarified another one of the emails involving Pryor. On Dec. 16, 2002, Kavanaugh received an email from another White House aide with the subject line “CA11” — a reference to the 11th Circuit. The aide, Kyle Sampson, asked: “How did the Pryor interview go?” Kavanaugh then responded: “Call me.” 
   
   Grassley, noting that Democrats attempted to “insinuate that you interviewed Judge Pryor,” asked Kavanaugh: It’s “more likely to indicate that you know the people who interviewed Judge Pryor?” 
   
   Kavanaugh responded: “That sounds correct.” 
   
   — Seung Min Kim 
   
   2:56 p.m.: Kavanaugh elaborates on dissent on contraception and religious objections 
   
   Advocates for reproductive rights are concerned about the contraceptive-coverage requirement in the Affordable Care Act, widely known as Obamacare. In a 2015 case, Kavanaugh dissented from his colleagues and sided with the group Priests for Life, which argued that a provision in the law to opt out for religious objections was too burdensome. 
   
   Kavanaugh elaborated Thursday on the basis for his dissent, telling Sen. Ted Cruz (R-Tex.) that “the government had ways to ensure contraceptive coverage without doing so on the backs of religious objectors.” 
   
   The issue remains in court after the Trump administration issued new rules making it easier for employers to refuse to provide coverage for birth control on the basis of religious objections. 
   
   Cruz also asked the judge about a case on which he worked as a lawyer in private practice in which he backed a high school’s decision to allow student-led prayers over the public address system at football games. He argued that students were delivering their own messages, not speaking on behalf of the school. The Supreme Court disagreed, finding the policy unconstitutional. 
   
   “Religious people, speakers and speech are entitled to equal treatment,” Kavanaugh said Thursday. 
   
   — Ann E. Marimow 
   
   2:41 p.m.: Kasowitz firm denies discussing special counsel probe with Kavanaugh 
   
   In one of the most widely noticed parts of the hearings, Kavanaugh was questioned late Wednesday by Sen. Kamala D. Harris (D-Calif.) about whether he had discussed special counsel Robert S. Mueller III’s investigation into Russian interference in the 2016 election with attorneys at the law firm founded by President Trump’s personal lawyer, Marc Kasowitz. 
   
   On Thursday, Kavanaugh was asked again about this by Sen. Orrin G. Hatch (R-Utah), who gave the judge an opportunity to clarify his responses to Harris. Kavanaugh said he did not “recall any conversations of that kind,” adding that he was not familiar with the names of all of the attorneys from the firm Kasowitz Benson Torres. 
   
   Kavanaugh said he had not had any “inappropriate conversations” or commented on his views about the legal aspects of the probe, elements of which could potentially make it to the Supreme Court. 
   
   On Thursday, the Kasowitz firm also said that no one there had discussed the probe with Kavanaugh. 
   
   “There have been no discussions regarding Robert Mueller’s investigation between Judge Kavanaugh and anyone at our firm,” the law firm said in a statement. 
   
   — Mark Berman 
   
   1:57 p.m.: Hearings resume after lunch break 
   
   After pausing for lunch, the hearings are getting back underway. The first hours brought an extended drama over documents as well as questions about abortion, executive power and the special counsel’s probe, with extensive questioning still expected for the remainder of the day. 
   
   1:38 p.m.: The drama over ‘confidential’ emails — which were already cleared for public release 
   
   Democrats mounted dramatic protests Thursday over documents related to Supreme Court nominee Brett M. Kavanaugh’s tenure in the George W. Bush White House, as senators began releasing his emails that had been withheld from the public. 
   
   The records that Sen. Cory Booker (D-N.J.) and Sen. Mazie Hirono (D-Hawaii) posted on their websites Thursday morning had, in fact, already been cleared for public release, according to Democratic and Republican aides on the Senate Judiciary Committee. Those documents were cleared earlier Thursday morning, according to spokesmen for both sides. 
   
   Nevertheless, the drama over the emails once marked “committee confidential” engulfed much of the third day of Kavanaugh’s confirmation hearings, with Booker vowing to disclose them in defiance of Senate rules. 
   
   “I openly invite and accept the consequences of releasing that email right now,” Booker said. “The emails are being withheld from the public have nothing to do with national security.” 
   
   Bill Burck, Bush’s presidential records representative, said later Thursday, “We cleared the documents last night shortly after Senator Booker’s staff asked us to. We were surprised to learn about Senator Booker’s histrionics this morning because we had already told him he could use the documents publicly. In fact, we have said yes to every request made by the Senate Democrats to make documents public.” 
   
   Such theatrics have characterized Kavanaugh’s hearings, in which Democrats have repeatedly complained that Republicans have withheld documents from the committee and the public that shed important light on Kavanaugh’s past. 
   
   The documents that took center stage on Thursday were labeled “committee confidential” — available for any senators to view but shielded from the public. 
   
   Late Wednesday, a handful of Democratic senators sent Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) several requests to make emails once marked “committee confidential” available to the public so they could discuss them during the public hearing on Thursday. Those records are being cleared as the Justice Department reviews them, as well as representatives for Bush. 
   
   Booker may have violated Senate rules late Wednesday, when he spoke about the content of emails that technically were still under “committee confidential” status at that point. 
   
   “You’ve also written that an effort designed to benefit minority-owned businesses, an effort to try to give them a fair shake because they had been historically excluded — and these are your words now — used a lot of legalisms and disguises to mask what is, in reality, a naked racial set-aside. That’s what you said. That’s how you referred to it,” Booker said, referring to one of the emails from Kavanaugh. 
   
   Later in his questioning, Booker referred again to the committee confidential emails: “I have letters here, sir, that have asked for — now, the one email specifically entitled racial profiling that somehow — I mean, literally the email was entitled racial profiling, that somehow was designated as something that the public couldn’t see. This wasn’t — this wasn’t personal information.” 
   
   Releasing “committee confidential” information violates Senate rules and could result in expulsion from the Senate. But whether the Senate actually pursues the violation is a separate question. 
   
   — Seung Min Kim 
   
   1:17 p.m.: Hearing pauses for lunch 
   
   Grassley paused the hearing for a lunch break, which he said would take 30 minutes but potentially longer, noting that senators have two votes scheduled this afternoon. 
   
   1:10 p.m.: Court orders, not the president, are “the final word,” Kavanaugh says 
   
   Senate Democrats raised concerns Thursday about the president’s attacks this week on the Justice Department and Kavanaugh’s broad view of executive power expressed in his legal opinions and speeches. In a tweet on Monday, Trump criticized Attorney General Jeff Sessions for the recent indictments of two Republican congressmen, the latest in a string of criticisms the president has levied against both Sessions and the department he leads. 
   
   “In this age of President Donald Trump, this expansive view of presidential power takes on added significance,” said Sen. Richard J. Durbin (D-Ill.). 
   
   Kavanaugh emphasized the importance of the separation of powers and an independent judiciary as a backstop. 
   
   “I’ve made clear in my writings that a court order that requires a president to do something or prohibits president from doing something is the final word in our system,” Kavanaugh said. 
   
   — Ann E. Marimow 
   
   12:32 p.m.: Hearing resumes 
   
   After a 15-minute break that lasted for about 25 minutes, Kavanaugh has taken his seat again to answer questions. 
   
   12 p.m.: Read Kavanaugh’s email on Roe v. Wade 
   
   In an email Kavanaugh wrote in 2003 that was made public Thursday, he argued against calling the decision “settled law of the land.” 
   
   In his email, Kavanaugh wrote that he was “not sure that all legal scholars refer to Roe” that way, noting that the Supreme Court “can always overrule its precedent.” 
   
   When asked about the email by Sen. Dianne Feinstein (D-Calif.) on Thursday, Kavanaugh said he was not expressing his own views, but rather those of “legal scholars.” 
   
   Read his email here. And head here for more on what else he has said on the issue. 
   
   — Mark Berman 
   
   11:27 a.m.: Kavanaugh denies any “inappropriate conversations” about special counsel probe 
   
   Late Wednesday night, Sen. Kamala D. Harris (D-Calif.) questioned Kavanaugh about whether he had discussed the special counsel investigation into Russian interference in the 2016 election with attorneys at the law firm founded by President Trump’s personal lawyer Marc Kasowitz. 
   
   The exchange drew intense scrutiny online, and on Thursday, Sen. Orrin G. Hatch (R-Utah) gave Kavanaugh an opportunity to clarify his responses to Harris, who did not disclose with whom she suspected the judge may have had such conversations. 
   
   “I don’t recall any conversations of that kind,” Kavanaugh told Hatch, adding that he was not familiar with the names of all of the attorneys from the firm Kasowitz Benson Torres. 
   
   Kavanaugh stressed that he had not had any “inappropriate conversations” or commented on his views about the legal aspects of special counsel Robert S. Mueller III’s investigation that could make their way to the Supreme Court. 
   
   “No hints, forecasts, previews, winks — nothing about my view as a judge or how I would rule on that or anything related to that,” Kavanaugh said. 
   
   — Ann E. Marimow 
   
   11:20 a.m.: Emails show more involvement with controversial judicial nominee than Kavanaugh previously suggested 
   
   Kavanaugh testified in 2004 that he did not “personally” handle the nomination of a controversial George W. Bush judicial candidate: Judge William Pryor, who now sits on the U.S. Court of Appeals for the 11th Circuit. But emails made newly public early Thursday show more involvement than he appeared to indicate in his 2004 testimony. 
   
   On Dec. 16, 2002, Kavanaugh received an email, reviewed by The Washington Post, from another White House aide with the subject line “CA11” — a reference to the 11th Circuit. The aide, Kyle Sampson, asked: “How did the Pryor interview go?” Kavanaugh then responded: “Call me.” 
   
   Another email from June 5, 2003 reviewed by The Post showed Kavanaugh on an email chain with a handful of other officials, alerting them to a 4 p.m. conference call to “discuss Pryor and coordinate plans and efforts.” A separate email earlier that day, on which Kavanaugh was blind carbon copied, discussed a meeting that would be held the following day to “discuss nominee Bill Pryor’s hearing” the following week. 
   
   Kavanaugh was nominated by Bush on April 9, 2003, and his confirmation hearing was held June 11, 2003. He was confirmed in 2005. 
   
   In 2004 during his confirmation hearing for the U.S. Court of Appeals for the District of Columbia Circuit, Kavanaugh said several times under questioning by then-Sen. Edward M. Kennedy (D-Mass.) that he had not been involved with Pryor’s confirmation. 
   
   “I am familiar generally with Mr. Pryor, but that was not one that I worked on personally,” Kavanaugh testified then. Upon further questioning, Kavanaugh said “I was not involved in handling his nomination.” 
   
   Pryor drew controversy because he had called Roe v. Wade “the worst abomination of constitutional law in our history.” As attorney general of Alabama, he had filed an amicus brief in a key Supreme Court case on gay rights, Lawrence v. Texas, that struck down state sodomy laws. Pryor wrote that states should “remain free to protect the moral standards of their communities through legislation that prohibits homosexual sodomy.” 
   
   Sen. Susan Collins (R-Maine), one of the swing votes on Kavanaugh’s nomination to the Supreme Court, voted against Pryor’s confirmation in 2005. 
   
   White House spokesman Raj Shah did not immediately return a request for comment on the newly disclosed Pryor emails. 
   
   A spokesman for the Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa), said some previously “committee confidential” documents are being made public as they are cleared by the Justice Department. Other records that have been requested to be made public are still being reviewed by DOJ and representatives for Bush. 
   
   — Seung Min Kim 
   
   11:01 a.m.: Kavanaugh advised against calling Roe “settled law,” email shows 
   
   While he was a White House lawyer in the Bush administration, Kavanaugh advised against referring to the Supreme Court’s decision in Roe v. Wade as the “settled law of the land,” according to a 2003 email made public Thursday. 
   
   “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,” Kavanaugh wrote after reviewing a draft of what was intended to be an op-ed in favor of a judicial nominee. 
   
   Kavanaugh addressed the decision on Wednesday, refusing to say whether he believed that Roe v. Wade, the decision that guaranteed a woman’s right to an abortion, was correctly decided. He also said the Supreme Court had affirmed it in subsequent cases. 
   
   On Thursday, Sen. Dianne Feinstein (D-Calif.) read aloud from Kavanaugh’s newly released email and said it has “been viewed as you saying you don’t think Roe is settled” and asked him to explain. 
   
   Kavanaugh said he was referring not to his own views, but to the “views of legal scholars.” 
   
   Read more here. 
   
   — Mark Berman 
   
   10:45 a.m.: On cameras in the court, Kavanaugh said he is open to hearing from other justices 
   
   Kavanaugh was asked about a common question regarding the court: Cameras or no cameras? 
   
   The Supreme Court itself operates in a relatively anachronistic format, blocking cameras — and most other forms of technology — when cases are argued and announced. The question of whether it should remain that way has been raised over the years, including to nominees who went on to join the court. During Justice Neil M. Gorsuch’s confirmation hearings last year, he said he was open to hearing more about the issue. 
   
   Kavanaugh also said he was open to learning more, including from the justices already on the court to hear “what they think about this.” 
   
   “To learn, if I were to be confirmed, from the experience there and to see what the experience there is like,” he said. “To listen to the justices currently on the Supreme Court.” 
   
   — Mark Berman 
   
   10:38 a.m.: Questioning begins and is promptly interrupted by protesters 
   
   An hour after the hearing got underway, Sen. Charles E. Grassley (R-Iowa), the committee chairman, began his questioning of Kavanaugh, who had not spoken while senators debated what to do with confidential documents. 
   
   A protester shouting about health care and chanting “SHAME” was taken outside by police as Grassley began. Then, as Kavanaugh began to speak, a male protester quickly interrupted, standing on a chair and shouting, “Save Democracy, save Roe!” as he was hauled out of the committee room by the Capitol Police. 
   
   10:30 a.m.: Senate Democrats in open revolt over confidential Kavanaugh documents 
   
   After Sen. Cory Booker (D-N.J.) said he was willing to violate Senate rules and release confidential documents, Senate Democrats on the committee appeared in open revolt as Sen. John Cornyn (R-Tex.) read aloud from the rules on expulsion. Raj Shah, a White House spokesman, also tweeted the rules on Thursday morning. 
   
   Cornyn read aloud from rules stating that a senator who discloses “the secret or confidential business” of the Senate could be “liable ... to suffer expulsion.” 
   
   Booker responded by saying: “Bring the charges.” His comment was echoed by Sen. Richard Blumenthal (D-Conn.), who said: “Apply the rule, bring the charges. All of us are ready to face that rule.” 
   
   “This is about the closest I’ll ever have in my life to an ‘I am Spartacus’ moment,” Booker said. 
   
   Sen. Richard J. Durbin (D-Ill.) also joined in, saying: “If there’s going to be some retribution against the senator from New Jersey, count me in.” 
   
   Their comments were echoed by Minority Leader Charles E. Schumer (D-N.Y.), who tweeted during the debate: “I stand w/ Judiciary Committee Democrats who are well within their rights to release these very important documents that a former Kavanaugh deputy designed as ‘committee confidential.’ The American ppl deserve to know the truth about Judge Kavanaugh’s record. #WhatAreTheyHiding?” 
   
   — Ann E. Marimow 
   
   10 a.m.: Booker says he is willing to violate Senate rules to release confidential documents 
   
   The fight over access to Kavanaugh’s records from his time in the Bush White House intensified in the opening moments of the hearing Thursday morning. Sen. Cory Booker (D-N.J.) said he is prepared to violate Senate rules and release confidential committee documents — and to risk the consequences. 
   
   Booker had questioned Kavanaugh Wednesday night about his use of the term “naked racial set-aside” and said he would make public documents backing up that assertion. 
   
   “I openly invite and accept the consequences of releasing that email right now,” Booker said. “The emails being withheld from the public have nothing to do with national security.” 
   
   Under the committee’s rules, Booker could be expelled from the Senate for releasing such records. 
   
   Senate Majority Whip John Cornyn (R-Tex.) angrily responded to Booker and referred to his potential aspirations for higher office, saying “running for president is no excuse for violating the rules of the Senate.” Cornyn argued that “this is no different from the senator deciding to release classified information that is deemed classified.” 
   
   9:34 a.m.: Hearing gets underway 
   
   Nearly 12 hours after the first day of questioning wrapped up, Kavanaugh is back before the Senate Judiciary Committee for more questioning. Kavanaugh took his seat at 9:33 a.m., sitting alone at the witness table with a stack of papers to his left and three small water bottles to his right. 
   
   Before the hearing began, the committee’s Republican members were seen gathered around committee Chairman Charles E. Grassley (R-Iowa) while he spoke before they took their seats. 
   
   Grassley gaveled in the hearing at 9:34 a.m. 
   
   — Mark Berman 
   
   8 a.m.: What to watch for in today’s hearing 
   
   The third day of hearings will see Kavanaugh facing more questioning from senators. Among other things to expect and watch for: 
   
   • The battle over access to records from Kavanaugh’s tenure in the Bush White House is sure to resurface, with Democrats asking the committee to release additional documents that have not been disclosed to the public. 
   
   Sen. Patrick J. Leahy (D-Vt.) implied Wednesday that there is evidence in confidential Senate Judiciary Committee records that Kavanaugh in 2003 was privy to an email allegedly stolen by a former committee staffer. Kavanaugh said he never knowingly dealt with stolen records. Chairman Charles E. Grassley (R-Iowa) did not guarantee that those documents would become public this week, but said, “we’ll try to get them.” 
   
   • More questions are likely about Kavanaugh’s views on a host of pivotal issues, including guns, abortion, executive power, health care, affirmative action and more, as well as about his experiences on the bench and in the Bush White House. 
   
   • Health care and the constitutionality of the Affordable Care Act will continue to be a potent issue, particularly as a legal challenge to the law unfolds in a courtroom in Texas this week. The nominee says he can’t assure senators that he would uphold the law’s requirement that insurers cover people with preexisting conditions because doing so would compromise his judicial independence. Democrats say they will revisit the issue. 
   
   • Loud, angry protests are likely to continue to punctuate the Senate debate about Kavanaugh’s legal theory and judicial opinions. A phalanx of Capitol Police officers, dressed in dark blue and some with zip ties, have been a fixture against the back wall of the hearing room, poised to quietly haul out protesters. Capitol Police on Wednesday arrested and charged another 66 people with disorderly conduct for disrupting the hearings. 
   
   • In one of the most confusing — and tense — exchanges Wednesday, Sen. Kamala D. Harris (D-Calif.) raised the prospect without offering evidence that Kavanaugh may have spoken about the Mueller investigation with somebody at Kasowitz, Benson and Torres, a law firm that has represented Trump. It’s unclear whether Harris will revisit the issue again Thursday, but the exchange went viral and quickly became one of the most talked-about moments of the Kavanaugh hearings. 
   
   
   
   Supreme Court nominee Judge Brett Kavanaugh appears during a confirmation hearing at the Hart Senate Office Building on Wednesday in Washington. (Matt McClain/The Washington Post) 
   
   Read more coverage: 
   
   Read Day One and Day Two of the Kavanaugh hearing 
   
   The Fix: 5 takeaways from the Brett Kavanaugh hearings so far 
   
   The Daily 202: Kavanaugh hearing offers an ‘unprecedented’ display of the Senate’s institutional decline 
   
   Read more at PowerPost ||||| Washington (CNN) Brett Kavanaugh emerged from two days of tough questioning in the Senate Judiciary Committee without making any obvious missteps that could imperil his confirmation as the justice who will pull the Supreme Court to the right and hand Donald Trump a generational presidential legacy. 
   
   He avoided ceding ground on the most contentious issues, either by saying he wanted to keep "three zip codes" away from politics or by arguing that he could not comment on "hypothetical" cases that could come before him on the nation's top bench. 
   
   Kavanaugh refused to say whether a sitting president must respond to a subpoena -- not an academic issue in the age of Trump. He declined to agree to Democratic calls for him to recuse himself from any cases related to the Russia investigation. And he would not say where he would come down on abortion, amid expectations among conservatives he would like to overturn Roe v. Wade. 
   
   But Democrats did not walk away from a deeply divisive hearing with nothing. Top lawmakers showed vigor in cross examining Kavanaugh and by portraying him as Trump's man on the court and may have at least partly lived up to expectations of the party's fired up base for a show of backbone ahead of the mid-term elections. 
   
   After emerging largely unscathed after the final round of questions from senators that stretched late into Thursday evening, Kavanaugh could take comfort in passing his biggest test. If Republicans stick together he is almost certain to be confirmed while minority Democrats face their own challenge in keeping the votes of red state senators with tough re-election races in their column. 
   
   Booker's document fight 
   
   Thursday's hearing featured another bitter showdown between Democrats who are furious at the failure of the White House to hand over tens of thousands of key documents on time or at all, and at restrictions on the public release of material that was made available. 
   
   New Jersey Democrat Cory Booker said he was ready to risk expulsion from the Senate for making public documents pertinent Kavanaugh's time as a top White House aide to President George W. Bush, but the GOP mocked him for grandstanding ahead of a possible 2020 run -- saying it had already cleared the emails for release. 
   
   In a striking political gambit, Booker, backed up by Democratic Sen. Mazie Hirono of Hawaii, released emails -- which had been designated as "committee confidential" -- that reference Kavanaugh's position on racial profiling and thoughts on Roe v. Wade dating from his time as a White House official under Bush. 
   
   Booker, who as a potential 2020 presidential candidate had an incentive to make a splash in the hearing, said he took the action as an act of "civil disobedience." 
   
   "I understand the penalty comes with potential ousting from the Senate. ... I openly invite and accept the consequences of my team releasing that email right now," Booker said. 
   
   "This is about the closest I'll probably ever have in my life to an 'I am Spartacus' moment," he added. 
   
   Republican Sen John Cornyn warned Booker that releasing documents marked "committee confidential" would break Senate rules. 
   
   "Running for president is not an excuse for violating the rules of the Senate," the Texas Republican said. 
   
   Later Thursday, Bill Burck, a lawyer who oversaw the process of providing Bush administration documents, undercut Booker's grand gesture, saying that the material in question had been cleared on Wednesday night at the request of the senator's staff. 
   
   "We were surprised to learn about Senator Booker's histrionics this morning because we had already told him he could use the documents publicly. In fact, we have said yes to every request made by the Senate Democrats to make documents public," Burck said in a statement. 
   
   The office of Judiciary Chairman Chuck Grassley, an Iowa Republican, also said that senators, including Booker, were notified "before they spoke today" that the restrictions on the documents had been waived. 
   
   Booker, however, insisted he was in the right, saying he read from the documents aloud in the hearing on Wednesday night long before they were cleared at around 4 a.m. Democrats have repeatedly complained that the White House is withholding tens of thousands of documents relevant to the nomination and wants many more that have been provided released to the public. 
   
   The New Jersey senator also said he doubted Cornyn would follow through on his threats to enforce Senate discipline against him. 
   
   "I think he's like a lot of bullies are: a lot of talk, no action," Booker said. 
   
   North Carolina Republican Sen. Thom Tillis took exception to his Democratic colleague's tactics. 
   
   "Certainly in the six hours between the time that email hit your email box and the theatrics that happened in this chamber today you could have actually found out that you didn't have to be Spartacus, you didn't have to go interact with civil disobedience, you got what you wanted," Tillis said. 
   
   The schoolyard taunts underlined how the hearing, ahead of what appears to be Kavanaugh's likely confirmation, has become another battlefield in the vicious partisanship and complete lack of trust between the parties that is wracking Washington at a critical moment of the Trump era 
   
   Booker's intervention followed a set of glowing reviews from liberals for another potential 2020 Democratic presidential candidate on the Judiciary Committee, Sen. Kamala Harris of California, who late Wednesday night appeared to discomfort Kavanaugh with a series of questions designed to find out with whom he had discussed special counsel Robert Mueller's Russia investigation. 
   
   Harris returned to the question on Thursday evening, saying that she had been working on "reliable information" that Kavanaugh had a conversation about the probe with someone from Kasowitz Benson Torres, the law firm founded by Trump's personal attorney Marc Kasowitz. 
   
   Kavanaugh had sidestepped the question on Wednesday, so Harris asked him again and he replied "the answer's no." 
   
   Earlier, the firm said in a statement to CNN there had been no such discussions. 
   
   Harris did not disclose the "reliable information" on which she based her questions. 
   
   JUST WATCHED Senator challenges Kavanaugh on Mueller probe Replay More Videos ... MUST WATCH Senator challenges Kavanaugh on Mueller probe 02:55 
   
   2003 email shows Kavanaugh discussing Roe 
   
   In another flashpoint development, a previously unreleased 2003 email from Kavanaugh, while he was an official in the Bush White House, shows him raising the point of whether Roe v. Wade, the 1973 Supreme Court ruling that upheld the right to an abortion, was settled law of the land. 
   
   In the internal White House email, obtained by CNN, Kavanaugh wrote: "I am not sure that all legal scholars refer to Roe v. Wade as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so." 
   
   "The point there is in the inferior court point," Kavanaugh wrote, responding to a draft op-ed that had been circulated for edits between lawmakers and White House staff. 
   
   The draft, meant to be submitted under the name of "high-profile, pro-choice" women in support of a Bush judicial nominee, had said that "it is widely understood accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land." 
   
   During the confirmation hearing on Wednesday, Kavanaugh said: "As a general proposition I understand the importance of the precedent set forth in Roe v. Wade." 
   
   Trump said during his campaign that he would appoint Supreme Court justices who would overturn Roe. In recent years, Supreme Court nominees have gotten through their confirmation hearings by refusing to say how they would rule on what they say is a hypothetical future case on the issue. 
   
   The New York Times first reported the email. 
   
   Throughout the contentious hearing, now in its third day, Kavanaugh has tried to give political questions -- especially those related to Trump and his potential legal woes -- a wide berth. 
   
   On Wednesday he insisted that "no one is above the law" but declined to say whether a sitting president must respond to a subpoena. 
   
   Senate Democrats have suggested that Kavanaugh could be biased in favor of the President and worry that his views on the primacy of executive power could help Trump evade legal scrutiny. 
   
   Booker warned that given Trump's frequent attacks on the Justice Department there was a "shadow over the independence of the judiciary" and said it was understandable for some Americans to wonder whether a nominee picked by the President would owe loyalty to him or had been nominated to shield him from a criminal investigation. 
   
   "My only loyalty is to the Constitution," Kavanaugh responded. "I have made that clear, I am an independent judge." ||||| Tweet with a location 
   
   You can add location information to your Tweets, such as your city or precise location, from the web and via third-party applications. You always have the option to delete your Tweet location history. Learn more ||||| Senators Dispute Status Of Released Documents As Questioning Of Kavanaugh Wraps Up 
   
   Enlarge this image toggle caption Chip Somodevilla/Getty Images Chip Somodevilla/Getty Images 
   
   Updated at 10:55 p.m. ET 
   
   Supreme Court nominee Judge Brett Kavanaugh weathered another long day of questions from the Senate Judiciary Committee Thursday. 
   
   He was pressed once again for his views on presidential power. 
   
   Sen. Dick Durbin, D-Ill., sought a promise from Kavanaugh that he would be willing to serve as a check on the president who nominated him. 
   
   "Give us some reassurance about your commitment to the democratic institutions in this country, in the face of a president who seems prepared to cast them aside," Durbin said. "Whether it's voter suppression, the role of the media — case after case, we hear this president willing to walk away from the rule of law in this country." 
   
   "No one is above the law," Kavanaugh replied. "I've made clear in my writings that a court order that requires a president to do something or prohibits a president from doing something under the Constitution or laws of the United States is the final word in our system." 
   
   Sen. Mazie Hirono, D-Hawaii, complained that the Supreme Court had been unduly deferential to President Trump this summer when it upheld his travel ban, despite what she called the administration's "obviously bogus" justification. She pressed Kavanaugh on when the high court should question a president's national security claims. 
   
   "National security is not a blank check for the president," Kavanaugh said, pointing to a number of cases in which the court had overruled the administration. "Even in the context of wartime, the courts are not silenced. Civil liberties are not silent." 
   
   Kavanaugh told lawmakers he is so committed to judicial independence, he stopped voting in national elections after he became a judge. 
   
   Sen. Kamala Harris, D-Calif., again asked Kavanaugh if he'd ever spoken with anyone at the law firm of Trump's personal attorney Marc Kasowitz about special counsel Robert Mueller's investigation, renewing a line of questioning she'd opened Wednesday night. 
   
   "The answer is no," Kavanaugh said. 
   
   As he's done throughout the hearing, Kavanaugh declined to answer a series of questions from Harris about issues that might come before the high court, including abortion, same-sex marriage and immigration. 
   
   The White House issued a statement late Thursday praising Kavanaugh. 
   
   "Through long hours and days of questioning, Judge Kavanaugh consistently reinforced his firm belief in the bedrock principles of judicial independence and the rule of law," deputy press secretary Raj Shah said in the statement. 
   
   Kavanaugh was asked repeatedly during the televised hearing about whether he would support opening the Supreme Court to TV cameras. He promised to keep an open mind, but said he would also want to consider the views of the eight current justices. 
   
   Thursday's session began with Democrats on the committee in open revolt over the handling of documents from Kavanaugh's tenure in the George W. Bush White House. 
   
   Some documents have been withheld altogether. Others have been provided to the committee on "confidential" terms, meaning senators can see them but they can't be made public. 
   
   Democrats object that the confidential label has been applied to a wide swath of records, many of which contain no personal or sensitive information. They also complain that classification decisions were made by former President Bush's attorney, William Burck, a former deputy of Kavanaugh's. 
   
   Sen. Cory Booker, D-N.J., released some of the confidential documents Thursday morning. Hirono also released "confidential" documents, drawing a stern rebuke from Sen. John Cornyn, R-Texas, who called them "irresponsible and outrageous." 
   
   "This is no different from the senator deciding to release classified information," Cornyn said Thursday morning. "No senator deserves to sit on this committee, or serve in the Senate, in my view, if they decide to be a law unto themselves and willingly flout the rules of the Senate and the determination of confidentiality and classification." 
   
   Read the documents released by Sen. Hirono here and the documents released by Sen. Leahy here. 
   
   For all the theatrics on both sides, the debate over documents fizzled by Thursday afternoon, once it became clear their release had been authorized by Bush's attorney overnight. 
   
   "We cleared the documents last night shortly after Senator Booker's staff asked us to," Burck said in a statement. "In fact, we have said yes to every request made by the Senate Democrats to make documents public." 
   
   And an aide to Grassley told NPR that "counsels for the senators who requested waivers last night/this morning for particular documents were notified that their requests had been honored beginning at around 3:50 this morning." 
   
   But a spokesperson for Hirono said the senator was not informed that the documents released by her office Thursday morning had been approved to be made public. 
   
   It is not clear whether Booker knew the documents he released had already been approved before his statements Thursday morning at the beginning of the hearing — when he said that his decision to release the documents was a form of civil disobedience and that he was aware he was risking expulsion from the Senate for making the documents public. 
   
   "Cory said this morning that he was releasing committee confidential documents, and that's exactly what he's done," Booker spokeswoman Kristin Lynch said in an email to NPR. "Last night, he was admonished by Republicans for breaking the rules when he read from committee confidential documents. Cory and Senate Democrats were able to shame the committee into agreeing to make last night's documents publicly available, and Cory publicly released those documents as well as other committee confidential documents today. And he'll keep releasing them because Republicans are hiding Brett Kavanaugh's record from the American people." 
   
   Enlarge this image toggle caption Jacquelyn Martin/AP Jacquelyn Martin/AP 
   
   The documents released by Booker include a batch of emails concerning racial profiling, affirmative action and other race-conscious government programs. 
   
   In a 2002 email, Kavanaugh wrote that security procedures adopted in the wake of the Sept. 11 attacks should ultimately be race-neutral, though he acknowledged that developing such procedures could take time. Others in the White House suggested racial profiling might be legally justified if it enhanced security. 
   
   In a 2001 email, Kavanaugh addressed a legal challenge to an affirmative action program within the Department of Transportation. 
   
   "The fundamental problem in this case is that these DOT regulations use a lot of legalisms and disguises to mask what in reality is a naked racial set-aside," he wrote. 
   
   Kavanaugh had sidestepped questions from Booker on Wednesday night about the circumstances in which government can and cannot use race-conscious measures to address past discrimination. 
   
   He conceded that hopes he expressed nearly two decades ago for a color-blind society have not been fulfilled. 
   
   "We see on an all-too-common basis that racism still exists in the United States of America," Kavanaugh said. "Our long march to racial equality is not over." 
   
   Separately, The New York Times reported on leaked emails from the "confidential" file. One is an email drafted by Kavanaugh in 2003, in which he questioned whether the Supreme Court's 1973 Roe v. Wade decision legalizing abortion should be described as "settled law of the land." 
   
   Pressed on that email by Sen. Dianne Feinstein, D-Calif., on Thursday, Kavanaugh explained he was simply summarizing views of legal scholars and not offering his own view. 
   
   On Wednesday, Kavanaugh said he understands the weight that many people attach to Roe. But he declined to say whether that case was properly decided. 
   
   Throughout the hearing, Kavanaugh has avoided commenting on Trump's behavior, despite urging from Senate Democrats. 
   
   "I'm not going to get within three zip codes of a political controversy," he said Thursday, when Sen. Richard Blumenthal, D-Conn., asked him about Trump's attacks on judges, including Supreme Court Justice Ruth Bader Ginsburg. 
   
   "I've spoken about my respect and appreciation for the eight justices on the Supreme Court," Kavanaugh said. "I know they're all dedicated public servants who have given a great deal to this country." 
   
   Barring surprises, Kavanaugh appears likely to win confirmation in time to take his place alongside those eight justices when the Supreme Court begins its fall term next month. 
   
   Not seeing the video? Click here.
target: – Day three of the Brett Kavanaugh confirmation hearing has opened with a bang: Democratic Sen. Cory Booker says he has ordered his staff to release a Kavanaugh email even though it's supposed to remain under wraps. It's not clear yet what the email says, but NBC News reports that it concerns racial profiling. Booker called his act one of civil disobedience, reports NPR. "I openly invite and accept the consequences," he said, per CNN. "The penalty comes with potential ousting from the Senate." Indeed, Senate Majority Whip John Cornyn read aloud rules stating that a senator who divulges "the secret or confidential business" of the Senate faces expulsion, reports the Washington Post. "Bring the charges," said Booker. "All of us are ready to face that rule," added fellow Democrat Richard Blumenthal. Democrats have been chafing that too many of Kavanaugh's documents are either being withheld or deemed off limits for the hearing. Booker's stand comes after the New York Times obtained some of those off-limits emails. In one from 2003, when Kavanaugh was working in the White House of George W. Bush, he objects to language that Roe v. Wade is "settled law." He was going over a draft opinion stating that "it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land," but he took exception to the phrase. "I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so," he wrote at the time. As the Times notes, Kavanaugh didn't state his personal opinion on the matter.