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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Sept. 6, 2018)
7A THE DAILY ASTORIAN • THURSDAY, SEPTEMBER 6, 2018 Documents dispute dominates Kavanaugh hearing Republicans hope to confirm the judge in time for the start of the new Supreme Court term on Oct. 1 By LISA MASCARO and MARK SHERMAN Associated Press WASHINGTON — Supreme Court nominee Brett Kavanaugh’s confirmation tumbled into highly charged arguing today over whether key documents were being withheld, and one Democrat risked Senate discipline by releasing confidential mate- rial. A newly disclosed email revealed that President Don- ald Trump’s pick once sug- gested Roe v. Wade was not settled law The finger-pointing over the unusual vetting process for Trump’s nominee made for a rough start for the final day of questioning of Kavanaugh, who has so far avoided major missteps that could block his confirmation. Republican John Cornyn of Texas said senators could be expelled from office for violating con- fidentiality rules, while Dem- ocrats led by Cory Booker of New Jersey, responded, “Bring it on.” The email showed that Kavanaugh had taken a dif- ferent tone on a 2003 abor- tion case than he had during Wednesday’s hearing when he stressed how difficult it is to overturn precedents like Roe. In the email, Kavana- ugh was reviewing a poten- tial op-ed article in support of two judicial nominees while he was working at the George W. Bush White House. It had been held by the committee as confidential. “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, refer- ring to justices at the time, in an email to a Republican Sen- ate aide. The document is par- tially redacted. Asked about it by the com- mittee’s top Democrat, Dianne Feinstein of California, Kava- naugh reiterated his previous testimony that “Roe v. Wade is an important precedent of the Supreme Court.” The 15-year-old email underscored a dispute that has dominated part of the hear- ing over Kavanaugh’s unusu- ally long paper trail stem- ming from his years in the Bush White House. The pan- el’s process resulted in hun- dreds of thousands of pages of Kavanaugh’s documents being withheld as confiden- tial or kept from release under presidential privilege by the Trump White House. Booker called the process “a bit of a sham.” He was chastised by GOP colleagues for having discussed a confi- dential document about Kava- naugh’s legal views on race. Cornyn said it was “irrespon- sible and conduct unbecoming a senator.” Chairman Chuck Grassley, R-Iowa, said more documents would be released today and stood by his handling of Kava- naugh’s paper trail. “My process was fair,” Grassley said as he opened the session. So far, Kavanaugh appears on track toward confirma- tion in the Republican-held Senate, but after a marathon AP Photo/Alex Brandon Brett Kavanaugh testifies before the Senate Judiciary Committee today. 12-hour session Wednesday, he also does not seem to have changed minds on the com- mittee, which is split along partisan lines. The judge left unanswered questions over how he would handle investigations of the executive branch and whether he would recuse himself if cases involving Trump under special counsel Robert Muel- ler’s probe end up at the court. Trump says he’s pleased with his nominee’s perfor- mance, and Republicans are united behind him, eager to add a conservative judge to the court. Late in the evening, Kava- naugh seemed to stumble at first when questioned by Democrat Kamala Harris of California about whom he might have spoken with at a law firm concerning the inves- tigation into Russian election meddling. The firm in ques- tion was founded by Marc Kasowitz, who has repre- sented Trump. Kavanaugh eventually said he couldn’t think of any such conversations but would need to see a list of the firm’s lawyers. Protesters have repeatedly tried to interrupt the hear- ing, which has carried strong political overtones ahead of the November congressional elections. Democrats lack the votes to block confirmation but have been pressing Kava- naugh for his views on abor- tion rights, gun control and other issues. On Wednesday the judge insisted he fully embraced the importance of judicial inde- pendence. But he refused to provide direct answers to Democrats who wanted him to say whether there are limits on a president’s power to issue pardons, including to himself or in exchange for a bribe. He also would not say whether he believes the president can be subpoenaed to testify. Still, he began his long day in the wit- ness chair by declaring that “no one is above the law.” Democrats are concerned that Kavanaugh will push the court to the right and that he will side with Trump in cases stemming from Mueller’s investigation of Russian inter- ference in the 2016 election and possible ties to the Trump campaign. The 53-year-old appellate judge answered cau- tiously when asked about most of those matters, refusing an invitation from Democratic Sen. Richard Blumenthal of Connecticut to pledge to step aside from any Supreme Court cases dealing with Trump and Mueller’s investigation. Under questioning by Republicans, Kavanaugh stressed the importance of judicial independence, “not being swayed by political or public pressure.” On abortion, Kavana- ugh noted that Roe has been affirmed “many times.” He defended his dissenting opin- ion last year in the case of a pregnant immigrant teen in federal custody. Kavanaugh would have denied her imme- diate access to an abortion, even after she received per- mission from a Texas judge. Kavanaugh told Sen. Mazie Hirono, D-Hawaii, he had been unaware of the domestic violence allegations against Rob Porter, who was Trump’s staff secretary, until they were publicly disclosed. Journalist Bob Woodward’s new book about Trump says Kavanaugh recommended Porter for the job. Kavanaugh had served as staff secretary to George W. Bush, and his work in the White House has figured in the hearing. Democratic sen- ators have fought for access to documents from his three years as staff secretary, say- ing those could shed light on his views about policies from that era, including the deten- tion and interrogation of terror suspects. Republicans have declined to seek the papers, and instead have gathered documents from his work as White House counsel to Bush. When questioned about the honesty of his 2006 testimony during his nomination for the appellate court when he said he was not involved in some Bush-era policies, Kavana- ugh said he was “100 percent accurate.” Republicans hope to con- firm Kavanaugh in time for the first day of the new Supreme Court term, Oct. 1. Habitat: Study will expand to another 20 acres Bergin: He plans to Continued from Page 1A “David Hampton was the big push behind this,” Arnold said of the company’s co-owner. Bees and other pollinators — vital to plant, insect and animal biodiversity — have been in drastic decline over the past several decades because of pesticides and habitat loss. David Hampton kept an inter- est in the issue and thought the company, which manages more than 155,000 acres in Oregon and Washington state to supply its lumber mills, might be able to help. A recent study led by wild- life biologist Jim Rivers, a pro- fessor in Oregon State Uni- versity’s College of Forestry, indicated the removal of slash and other debris and compact- ing soil in recently harvested forestlands can create prime habitat for bees. In some areas, researchers found a threefold increase in population diver- sities in recently harvested stands. Similar research has shown prime pollinator habitat in recently burned areas. Hampton Lumber linked up with the Oregon Bee Project, an effort started by the state Legislature in 2015 between foresters and scientists at Ore- gon State University to pro- mote bee health, for advice in creating the best habitat. The company then seeded four dif- ferent sites and 18 acres with plants for bees to forage. Andony Melathopoulos, a leader of the bee project in the Colin Murphey/The Daily Astorian Jed Arnold examines a plant species established at the site to encourage pollinator activity in the area. university’s Extension Service, said that while there have been similar studies on agricultural lands and roadsides, Hampton Lumber is the first major for- estland owner he’s heard of doing pollinator research. “They are aware that there is not a lot of good science around this,” he said. “It’s unknown territory.” The Oregon Bee Proj- ect trained Arnold in species sampling techniques and pro- vided nesting boxes that will eventually be sent to the uni- versity for researchers to look at the diversity in the stands. Arnold regularly monitors the pilot study areas, trying to identify species of bees and which plants take the strongest Johnston: Will be assigned to person-on-person crimes and more complex cases Continued from Page 1A The appointment also allows more fluidity in daily crime investigations. John- ston will be assigned to person-on-person crimes and more complex cases, including internet crimes like identity theft and child pornography. Johnston spends much of his time collecting search warrants, subpoenas and recordings in attempts to build cases strong enough for the Clatsop County Dis- trict Attorney’s Office to prosecute. “It’s a lot of writing, I will say,” Johnston said. Johnston is expected to have the option of renew- ing his appointment when it expires in 2021. The depart- ment would review applica- tions from other officers as well, Workman said. foothold. “You’ve got to sit down, hold still and really watch the flowers,” Arnold said. “There was one day where there had to have been a dozen different species (of bees) that I saw just in a half an hour.” Christine Buhl, an ento- mologist with the state Depart- ment of Forestry, said Hamp- ton Lumber’s pilot study will provide baseline data as the bee project tries to create research-based land manage- ment practices for others to help pollinators. The project is trying to start more pilot stud- ies in different climates around the state and track the change in bee populations over mul- tiple years as new plants and soil compositions take hold, she said. The bee project also trains pesticide applicators on best practices to avoid harming bees and runs a citizen sci- ence program called the Ore- gon Bee Atlas, training indi- viduals to identify and report the more than 500 bee species in Oregon. More information is available at oregonbeeproj- ect.org. Arnold — who previously worked for a soil and water conservation district — cred- its the family-owned com- pany for taking land steward- ship seriously, from building roads to prevent soil erosion and replanting quickly after harvests to helping with stream restoration projects. The company recently worked with state and federal agen- cies to move the main stem of Big Creek near Knappa to its original channel, opening 13 miles of previously inaccessi- ble spawning habitat for coho salmon and steelhead. Such efforts might fall by the way- side in companies owned by investors and focused more on profit, he said. This coming winter, Hamp- ton Lumber will expand the pilot study to an additional 20 acres. “In five to 10 years, the young trees in these study areas will start to shade out the flowers we’re planting now,” Arnold said. “But by then, we should have new patches of wildflowers coming up in nearby sites.” continue serving full time until term expires Continued from Page 1A “During the time Tom’s been sheriff, I think the sheriff’s office has been highly functional and highly responsive to the needs of citizens,” County Manager Cameron Moore said. “We obviously expect that, but we know that comes from the sheriff’s leadership.” Bergin is known for being outspoken about his con- servative beliefs. The sher- iff opposed Measure 88 in 2014, which — if it passed — would have allowed undocumented immigrants to acquire driver’s cards. This year, Bergin has actively supported Mea- sure 105, a November ballot measure that would repeal Oregon’s sanctuary law. He wrote a letter last week — with 15 other sheriffs from around the state — outlining his reasons for backing the measure and participating in immigration enforcement. “Although Tom and I dis- agree fundamentally on a lot of political matters, I’ve found him to be a good man and a good sheriff,” District Attorney Josh Marquis said. After the Great Coastal Gale of 2007, when many county roads became impassable, Bergin advo- cated heavily for legislation allowing hazardous trees to be removed from state high- ways. Despite pushback from groups hoping to pre- serve the trees, a bill was passed in 2012 allowing for the clearances. During the storm, Bergin helped with field operations, including pulling people out of flooded areas. “Tom has always been out there in person,” Mar- quis said. “In some ways, he’s like an old-fashioned sheriff.” In addition to daily tasks, Bergin has a big item on his agenda over the next several weeks. The sheriff will be the leading voice in support of a November bond mea- sure to relocate the county jail from Astoria to the site of the former North Coast Youth Correctional Facility in Warrenton at a $20 mil- lion price tag. The county has attempted to expand the jail in two previous bond measures, including one with Bergin as sheriff in 2012. After the election and beyond, Bergin plans to con- tinue serving full time as the county’s top cop until his term expires in two years. “It’s just something that’s important to me,” Bergin said. “You’re all stuck with me for a while longer.” Hotel: There are no plans to build over the water Continued from Page 1A Edward Stratton/The Daily Astorian Developers from Kansas City, Missouri, are planning a Marriott or Hilton franchise at the site of the former Bay- side Sentry Market on Marine Drive in Astoria. The developers looked at several sites around the city but found the former gro- cery store the best option, Ferguson said. The property includes 2 acres on land and nearly 20 acres extending over Youngs Bay. The company does not plan to build over the water, Ferguson said. Other hotel proposals in Astoria have met stiff resis- tance over concerns about parking, workforce short- ages, historic preservation and blocking Columbia River views. A four-story Fairfield Inn & Suites proposed by Hol- lander Hospitality near the for- mer Ship Inn restaurant along the river was significantly revised after being rejected by city design and historic pres- ervation committees. Such concerns were part of the reason Ferguson said the partnership opted for a site farther away from downtown. The former grocery store is zoned general commercial, with lodgings permitted out- right, and is outside any his- toric district.
