Some Republican members of the Senate Judiciary Committee believe that information regarding Biden's Supreme Court nominee was withheld by the White House — but leaked to friendly liberal media and given to Judiciary Democrats — and now they want answers.
The concerns were first raised by Senator Ted Cruz (R-TX) during Tuesday's confirmation hearing following questioning from Senator Mazie Hirono (D-HI) that referenced probation recommendations that were not in the record:
Is there anything else that Democrats have access to in this case that they’re not sharing with Republicans on this committee? pic.twitter.com/i21vwIk5hW
— Senate Judiciary Republicans (@SenJudiciaryGOP) March 22, 2022
Ranking Member Chuck Grassley (R-IA) raised the issue again as Wednesday's hearing began:
"Senator Cruz raised a very legitimate question about data related to U.S. probation officer recommendations. The White House and members of this committee used that information to attempt to discredit information raised by Senator Hawley and others about the nominee's sentencing record as a district judge," Grassley noted.
"No one on our side of the aisle had access to this information, in fact before this past week I'm not sure anyone but the probation office and the court had access to this information," Grassley added of the information's convenient appearance. "My understanding is that the probation office recommendations aren't part of any public record — the specific sentencing recommendations aren't always shared with prosecutors or defendants," he said.
"Somehow it appears that the White house obtained this information, it was leaked in pieces to media outlets in order to cast doubt on legitimate members' questions, and then it was provided to only Democratic members of this committee without any of the underlying documentation," Grassley accused.
How is the United States Senate supposed to review a record we don’t have?
— Sen. Grassley Press (@GrassleyPress) March 23, 2022
This process might be timely, but it’s neither thorough nor fair to the American public. #SCOTUS pic.twitter.com/2Z9CE2vmrq
"To suggest that all that we have to do is ask for information doesn't pass muster — can't ask for information you don't know... exists," he pointed out.
"I've asked for nonpublic records related to the judge's tenure on the sentencing commission," Grassley reminded, but "those have not been produced, just like 48,000 pages of records withheld by the White House."
"How is the United States Senate supposed to review a record we don't have?" Grassley questioned. "This process might be timely, but it's neither thorough or fair to the American public."