Schumer calls on Bush to release Kavanaugh White House documents

WASHINGTON — Senate Minority Leader Chuck Schumer is ramping up Democrats' efforts to obtain documents involving Supreme Court nominee Brett Kavanaugh by asking former President George W. Bush to release mountains of files from the judge's time in the White House.

The New York Democrat wrote in a letter to Bush, released Friday and obtained by NBC News, that he understands the former president's support for Kavanaugh and acknowledges their difference of opinion on whether he's the right person to serve on the high court.

But Schumer said he was reaching out "to ask you to authorize that the complete record of Judge Kavanaugh's service in the White House be made public so that all Americans can be informed about this nomination and the Senate can fulfill its constitutional advice and consent obligations."

Read Schumer's letter here

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Brett Kavanaugh through the years
US Judge Brett Kavanaugh looks on as the US President announces him as his nominee to the Supreme Court in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
WASHINGTON DC -- NOVEMBER 13: Brett Kavanaugh, aide to Independent Counsel Kenneth Starr, during a meeting in the Office of the Solicitor General on November 13, 1996 in Washington DC. (Photo by David Hume Kennerly/Getty Images)
US Judge Brett Kavanaugh (L) shakes hands with US President Donald Trump after being nominated to the Supreme Court in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
U.S. President George W. Bush (R) listens to U.S. Court of Appeals for the District of Columbia Judge Brett Kavanaugh speak, [moments after being sworn-in at a Rose Garden ceremony at the White House], in Washington June 1, 2006.
U.S. President Donald Trump introduces his Supreme Court nominee judge Brett Kavanaugh in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Leah Millis
UNITED STATES - JUNE 01: Brett Kavanaugh speaks in the Rose Garden of the White House on June 1, 2006 in Washington, D.C., after being sworn in to be a judge on the U.S. Court of Appeals. (Photo by Dennis Brack/Bloomberg via Getty Images)
US President Donald Trump (R) announces US Judge Brett Kavanaugh (C) as his nominee to the Supreme Court in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by SAUL LOEB / AFP) (Photo credit should read SAUL LOEB/AFP/Getty Images)
U.S. President George W. Bush (L) watches as Brett Kavanaugh (2nd L) is sworn in as a judge in the U.S. Court of Appeals for the District of Columbia by Supreme Court Associate Justice Anthony Kennedy (R) in a Rose Garden ceremony at the White House in Washington June 1, 2006. Kavanaugh's wife, Ashley, holds the bible. REUTERS/Larry Downing (UNITED STATES)
WASHINGTON - MAY 22: District of Columbia Circut Court of Appeals nominee Brett Kavanaugh attends a news conference with Senate GOP leadership in the Capitol May 22, 2006 in Washington, DC. Senate Majority Leader Bill Frist (R-TN) said that Kavanaugh deserves a straight up-or-down vote in the Senate. (Photo by Chip Somodevilla/Getty Images)
Supreme Court nominee Judge Brett Kavanaugh smiles next to U.S. President Donald Trump in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Jim Bourg TPX IMAGES OF THE DAY
WASHINGTON - MAY 22: District of Columbia Circut Court of Appeals nominee Brett Kavanaugh (L) and Senate Majority Leader Bill Frist (R-TN) hold a news conference in the Capitol May 22, 2006 in Washington, DC. Frist said that Kavanaugh deserves a straight up-or-down vote in the Senate. (Photo by Chip Somodevilla/Getty Images)
Supreme Court nominee Judge Brett Kavanaugh smiles next to U.S. President Donald Trump in the East Room of the White House in Washington, U.S., July 9, 2018. REUTERS/Jim Bourg
WASHINGTON - MAY 22: (L-R) U.S. Senate Majority Whip Mitch McConnell (R-KY), District of Columbia Circut Court of Appeals nominee Brett Kavanaugh and Senate Majority Leader Bill Frist (R-TN) hold a news conference in the Capitol May 22, 2006 in Washington, DC. Frist said that Kavanaugh deserves a straight up-or-down vote in the Senate. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON - MAY 22: (L-R) U.S. Senate Majority Whip Mitch McConnell (R-KY), District of Columbia Circut Court of Appeals nominee Brett Kavanaugh and Senate Majority Leader Bill Frist (R-TN) hold a news conference in the Capitol May 22, 2006 in Washington, DC. Frist said that Kavanaugh deserves a straight up-or-down vote in the Senate. (Photo by Chip Somodevilla/Getty Images)
UNITED STATES - MAY 09: Brett Kavanaugh testifies at a Senate Judiciary Committee hearing on his nomination to be U. S. Circuit Judge for the Ninth Circuit. (Photo By Chris Maddaloni/Roll Call/Getty Images)
UNITED STATES - MAY 09: Brett M. Kavanaugh, who last appeared before the committee in late April 2004, is sworn in to testify during a second Senate Judiciary confirmation hearing. At right are former bosses Judge Walter K. Stapleton, of the United States Court of Appeals for the 3rd Circuit in Wilmington, Del., and Judge Alex Kozinski, of the United States Court of Appeals for the 9th Circuit in Pasadena, Calif., who introduced Kavanaugh to the committee. Kavanaugh, President Bush's staff secretary, is the president's nominee to the U.S. Court of Appeals for the District of Columbia Circuit. Chairman Arlen Specter, R-Pa., held the second hearing because Committee Democrats wanted to ask Kavanaugh, formerly an associate White House counsel, more questions about his involvement in the administration's legal policies, particularly on the National Security Agency terrorist surveillance program and the treatment of detainees held by the U.S. military. (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
WASHINGTON DC -- NOVEMBER 19: Brett Kavanaugh, associate counsel in the Office of Independent Counsel Kenneth Starr, sits behind Starr during his testimony before the House Judiciary Committee regarding the possible impeachment of President Bill Clinton on November 19, 1998 in Washington DC. (Photo by David Hume Kennerly/Getty Images)
WASHINGTON DC -- NOVEMBER 13: Independent Counsel Kenneth Starr, center, talks with Deputy Independent Counsel John Bates, left, and aide Brett Kavanaugh, right, and another colleague in the Office of the Solicitor General during the Whitewater Investigation on November 13, 1996 in Washington DC. (Photo by David Hume Kennerly/Getty Images)
Supreme Court nominee Brett Kavanaugh, his wife Ashley Estes Kavanaugh (off frame) and their two daughters stand by US President Donald Trump after he announced his nomination in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Supreme Court nominee Brett Kavanaugh (R) speaks after US President Donald Trump announced his nomination in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Supreme Court nominee Brett Kavanaugh, his wife Ashley Estes Kavanaugh and their two daughters stand by US President Donald Trump after he announced his nomination in the East Room of the White House on July 9, 2018 in Washington, DC. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL NGAN/AFP/Getty Images)
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Senate Republicans are aiming within weeks to hold a confirmation hearing for Kavanaugh, nominated by President Donald Trump earlier this month, and to confirm him before the next Supreme Court term begins in October. Kavanaugh has been serving as a judge on the U.S. Court of Appeals for the District of Columbia Circuit since 2006 and previously served as staff secretary to Bush from 2003 to 2006.

Schumer pointed out that when the Senate considered President Barack Obama's 2010 nomination of Justice Elena Kagan, lawmakers from both parties asked the National Archives and the Clinton library to provide all documents related to Kagan's service in the White House under former President Bill Clinton and those papers were ultimately released.

Republicans, however, have now "declined to sign a bipartisan document request or Judge Kavanaugh's complete record," wrote Schumer, who said he's concerned that only those documents that have been "pre-screened and approved by the private legal team" will be disclosed to the Senate.

Among other things, the documents could shed light on whether Kavanaugh misled Congress more than a decade ago when he was considered for his current job on the court. At the time, he denied under oath that he had anything to do with crafting the Bush administration's terrorism detainee policy. Sens. Dick Durbin, D-Ill., and Patrick Leahy, D-Vt., alleged at the time that Kavanaugh may have misled Congress.

The Department of Justice said there was not enough evidence that proved Kavanaugh gave false statements to Congress.

Meanwhile, Sen. Dianne Feinstein, D-Calif., the ranking Democrat on the Senate Judiciary Committee, wrote to the National Archives on Friday objecting to its decision not to release documents related to Kavanaugh's service in the Bush White House.

"I have been on the Committee for more than twenty years and have been involved in ten prior Supreme Court nominations," she wrote. "This has never happened before, and a biased denial of document requests to one half of the Committee is unsupported by the law and impedes the minority's ability to discharge its constitutional obligation to provide advice and consent."

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