The whole set of documents can be found below. Durbin has found Kavanaugh's name popping up in several instances of conversations about the program; Kavanaugh maintains he answered the question correctly as he understood it.
Committee Chairman Chuck Grassley, R-Iowa, who released more documents Thursday, stood by his handling of the situation.
He explicitly criticized the withholding of the profiling document.
The following day, Booker zeroed in on racial injustice in his questioning of Kavanaugh, including pressing him on an email about racial profiling, which is the note that had been marked committee confidential that Booker broke the rule to release Thursday morning.
"All of us are ready to face that rule on the bogus designation of committee confidential", said Sen.
Harris Wednesday shot back, saying "I think you're thinking of someone and you don't want to tell us".
"It's inappropriate to raise these in an open session before the committee", replied Sen. "This partisan operative, following his involvement in this process, that I think, in my opinion, undermined the process".
"We are happy with how the hearing is going from our perspective so chose to keep it going and not invoke two hour rule", the aide said.
"This is about the closest I'll ever have in my life to an "I am Spartacus" moment", Booker said.
"There was (is) a consent agreement to keep the hearing going, so no", said David Popp, a spokesman for McConnell, asked if they were trying to avoid the so-called two-hour rule.
"When a court order requires a president to do something or prohibits a president from doing something under the Constitution or laws of the United States, under our constitutional system, that is the final word", Kavanaugh said. And so, sir, I come from a long line, as all of us do as Americans, of understanding what that kind of civil disobedience is and I understand the consequences.
Paul Callan is a CNN legal analyst, a former NY homicide prosecutor and of counsel to the NY law firm of Edelman & Edelman PC, focusing on wrongful conviction and civil rights cases. And I understand that the penalty comes with potential ousting from the Senate. John Cornyn (R-TX), who challenged Booker on his repeated reference to confidential materials. Lee complained that Booker was relying on an unreleased email to question Kavanaugh's openness to racial profiling by police, but then agreed to work for its release. It invited sharp jabs by other Republicans on the committee who urged them to stick to the review process outlined by Grassley and argued that the Democrats were breaking the rules as a political stunt. Cornyn said it was "irresponsible and conduct unbecoming a senator".
Booker said that he was "knowingly violating the rules" of the Senate and releasing documents that were only made available to senators this week, just before the hearings started.
"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, referring to justices at the time, in an email to a Republican Senate aide.
Much of this is political melodrama, certainly.
The last time a senator was expelled was 1862. Those were for more traditional offenses: fraud, corruption, abuse of power.
Which is why Booker's stand made political sense: Expulsion is the most serious effect a senator can face, and few do.
So could any of this actually result in Booker's ouster?
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