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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.