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MELBER: Welcome back. The other big story tonight. ABC News reporting and this is for the first time, former Trump campaign chair Paul Manafort has reached a plea with Special Counsel Bob Mueller. As I mentioned NBC News has not confirmed this report yet. It`s all unfolding right now and I`m joined by Senator Richard Blumenthal, a Democrat from Connecticut, a former prosecutor who serves on the pivotal Judiciary Committee relevant to this and the Judge Kavanaugh news which we`re going to get to in a few minutes. First, your reaction to these reports which would have been shocking if you think about this a year or two ago, a campaign chair having been convicted now cutting a deal. Your reaction?
SEN. RICHARD BLUMENTHAL (D), CONNECTICUT: It would have been shocking just a year ago. Remember that Paul Manafort was in effect tampering with witnesses. His apartment was raided by the FBI because there was the prospect of his destroying documents. Now there is the potential for his cooperation which in my hope, at any rate, would be involved in any kind of plea agreement. A trial often serves a public education function. And so, the public really needs and deserves some public airing of what he did and why he did it and the special counsel would be well served by his cooperation because he knows a lot about Russia collusion as alleged against the President of United State.
MELBER: Well, Senator, on that point, the Cohen plea process involved a brief but rather frank assessment of someone very close to Donald Trump explaining in his own words how he committed crimes with Donald Trump although as you know, the question of what else the feds are going to do with the bigger part of that is open. Do you think it would be a good thing then if Paul Manafort does confess to some of whatever it is that`s in this plea agreement tomorrow on open court or are you concerned that this is all a bid by Manafort who we learn today isn`t an active defensively with Donald Trump to not have what you called the public education function of that larger trial this was going to be the more Russia-related trial?
BLUMENTHAL: We`ll see what happens in the actual playroom. But obviously if it involves some reference and substantiation to the claim that the president is an unindicted co-conspirator, that he`s implicated in serious wrongdoing, that goes to the legitimacy of his president, it will be further strong evidence and support for the special counsel at a time when the president is increasingly overt in his desire to shut down that investigation, his sycophants and surrogates in Congress are threatening both the special counsel and the Attorney General, and the prospect of the Attorney General losing his job is a further threat to the special counsel. So anything that supports the Special Counsel`s investigation is being welcomed.
MELBER: I want to broaden out to thinking about this with President Trump and of course the midterm elections that are hanging over all of this because Michael Moore who of course is a noted critic of the president was on with my colleague Chris Hayes last night. One of the points he made
that`s even broader than the so-called witch-hunt attack on this is whether the current occupant of the Oval Office has the requisite respect for the rule of law as a foundation of American democracy or does he have a
different mindset called from business or something, even more, a pseudo-authoritarian that doesn`t really care about that.
I`m curious at that broader level given how much you work on these issues what you think. Take a listen to how Michael Moore put it.
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MELBER: Senator?
BLUMENTHAL: Comparing Donald Trump to the normal CEO I think is an insult to the American business community because my hope is that the ordinary CEO has more respect for the rule of law than Donald Trump. In fact, he has nothing but contempt for the American judiciary, for the rule of law, and for the principles of democracy that are so threatened because of his chaotic and erratic administration.
And I asked Judge Kavanaugh directly about these attacks on the American judiciary in the confirmation hearings, I was deeply and gravely disappointed by Judge Kavanaugh`s failure to denounce and condemn these attacks on the independent judiciary. And when the history of this error is written, Ari, I believe that heroes will be our independent judiciary and our free press who have done so much to defend our democracy despite the continuing content for the rule of law demonstrated by our president.
MELBER: Well, and I think we have that and that`s the other big story. There are these written questions that are part of the process right now. He was asked in addition to what happened in the hearings as you mentioned, he was asked in a new round of written questions. Do you believe the investigation is -- that is currently being overseen a special counsel is a "witch-hunt." And Judge Kavanaugh writes back. This was in response to your side`s questioning. Well, sitting judges and nominee should refrain from commenting on current events and political controversies. Senator, do you think that he is being deliberately daft or cagey there?
BLUMENTHAL: He`s being evasive. He was evasive in the hearing. In fact, he was seemingly misleading. And that`s why today in the Judiciary Committee meeting, I moved to adjourn that meeting so that we could get the documents. Time and information are absolutely necessary. Unfortunately, so disappointingly, my Republican colleagues are rushing to judgment and regarding this responsibility as a rubber-stamp, not the real advice and consent that we need.
And those evasive and seemingly misleading responses from judge Kavanagh make all the more necessary that we have access to the millions of pages of documents that have been concealed and hidden. Put aside the committee confidential issue. There are millions of pages of documents from his
service as staff secretary to President Bush that are directly relevant to the most instructive period of his professional life.
MELBER: Well, and on that -- on that, Senator, the question of transparency as you know, your colleague making waves today, Senator Dianne Feinstein, has said publicly she`s got information from an individual that she thinks is relevant to the nomination but she sent it to the federal authorities. Now, she`s not elaborating at all on the nature of this, and as we do around here I have to mention NBC News hasn`t confirmed anything about the details of what might be in that secret complaint. The White House is pushing back and I want to give their side.
They say this is an 11th-hour attempt to delay Kavanaugh`s confirmation. Now, you were successful in delaying today`s vote by a week out of the committee. Do you have anything to add to Senator Feinstein`s a rather opaque statement?
BLUMENTHAL: All I can say is that Senator Feinstein received information from an individual who strongly requested confidentiality and declined to come forward. She honored that request and nonetheless referred it to federal investigative agencies specifically the FBI for investigation. But --
MELBER: But Senator, do you -- do you know -- did the Democratic side of the committee of Senator Feinstein receive that while there were still time to raise it in the hearings?
BLUMENTHAL: What I can tell you is that Senator Feinstein respected the request for confidentiality. I learned about it literally last night and we have appropriately she has done so referred to investigation.
MELBER: What about the White House concerned though that it does seem late, that the judge isn`t getting an opportunity to address this in the hearings where that type of vetting is supposed to occur?
BLUMENTHAL: I think we need more information in documents on the issues apart from this one wholly separate from the information that Senator Feinstein received from that individual. And we ought to have another hearing.
MELBER: Fair enough.
BLUMENTHAL: And the judge ought to come forward to answer the questions that are asked of him.
MELBER: Fair enough. And I want to get you as well on the other big issue. We`ve covered a lot of ground and I appreciate you being generous with your time. Before I let you go, Roe v Wade continues to hang over this nominee and why he worked for a pro-life administration in a political-legal capacity in the -- in the Bush Administration before he was a judge, Federalist Society, pro-life credentials which many people would say, OK fine, then be honest about it. But there is an increasing view that under the questioning of you and your colleagues, he effectively tried to hide that.
I want to play for you a Bill Press who I`m sure you know, a journalist who`s covered five different confirmation hearings. Here`s how he put it on THE BEAT regarding Kavanaugh`s statements to your committee under oath about Roe. Take a look.
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MELBER: Final question, your reaction. Did Judge Kavanaugh lie and is the anti-Roe v Wade?
BLUMENTHAL: He was certainly seemingly misleading in his answers and clearly vague and evasive ambiguous in response to my questions about a memo that he wrote which said that Roe v Wade can be overturned. Those are his words. And also said there are justices on the Supreme Court who would vote to overturn. He potentially is the fifth vote to overturn or at least chip away at Roe v Wade in a way that undermines that long-established precedent and undercuts women`s health care and reproductive rights. I hope that my colleagues will do more than simply rubber stamp this nomination.
MELBER: Senator Richard Blumenthal from the Judiciary Committee on a busy night, thank you for being with us as part of our coverage of those stories. Up ahead, we take a turn back to the storm that is bearing down on millions of Americans and we go there live.
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