Judge Nap: Booker Will 'Absolutely Not' Be Disciplined for Releasing Kavanaugh Emails
Sen. Cory Booker drew the ire of his Republican colleagues by releasing confidential emails amid Judge Brett Kavanaugh’s Supreme Court confirmation hearings.
After announcing plans to do so Thursday morning, Booker (D-N.J.) released 12 pages of Kavanaugh emails -- which had been marked "committee confidential" -- online for the public to read. The emails include internal post-9/11 discussions surrounding issues of racial profiling.
Top Republicans mocked and denounced Booker for a possible violation of Senate rules.
Sen. John Cornyn (R-Texas) slammed Booker and said a potential 2020 presidential run "is no excuse" for violating Senate rules or the confidentiality of documents lawmakers are privy to.
Fox News senior judicial analyst Judge Andrew Napolitano -- who acknowledged he has been friends with Booker for 20-plus years, although they agree on very little politically -- said the New Jersey senator will "absolutely not" face any discipline.
He noted that Sen. Dianne Feinstein (D-Calif.) faced no discipline four years ago after she released the Senate Intelligence Committee’s top secret report on the torture of terrorism detainees in the aftermath of 9/11.
"Sen. Booker is saying, 'I received documents that show the thinking of the nominee when he was a young lawyer in the White House. And the public is entitled to see them, and just because some Senate staffer stamped it 'confidential' doesn't make it confidential,'" Napolitano explained on "Outnumbered" Thursday.
He said the documents show some "ambivalence" from Kavanaugh on how race-neutral the government should be when it comes to security measures.
A day earlier, in a dramatic exchange, Booker implied Kavanaugh had been open to racial profiling tactics, citing the email exchange between Kavanaugh and a colleague.
These are the 4 documents marked committee confidential that I brought up in my questioning of Supreme Court nominee Brett Kavanaugh last night --> https://t.co/2RZkY2FS9a
— Cory Booker (@CoryBooker) September 6, 2018
Napolitano said the more "incendiary" document, however, is one in which Kavanaugh says Roe v. Wade might not be settled law.
He said Booker is expected to press Kavanaugh on that statement during the hearing Thursday, but Kavanaugh's defense will be that the state of the law has changed in the 15 years since he wrote that email.
Watch more from Napolitano above.
UPDATE: Though Booker referred to the release as an act of "civil disobedience" for which he could lose his Senate seat, Republicans later announced that the documents in question were actually cleared for release.
According to FoxNews.com, But it turns out, Booker didn’t actually break any rules. The Republicans on the Judiciary Committee said they worked with the George W. Bush library and the Justice Department overnight to clear the emails. The restrictions were waived early Thursday morning.