Grassley requests some but not all of Kavanaugh papers at Bush White House
© Greg Nash

Sen. Chuck GrassleyChuck GrassleyThe Hill's Morning Report - Pelosi considers adding GOP voices to Jan. 6 panel Ex-Rep. Abby Finkenauer running for Senate in Iowa Six takeaways: What the FEC reports tell us about the midterm elections MORE (R-Iowa) is escalating a battle with Democrats over documents tied to Brett Kavanaugh's Supreme Court nomination, requesting that only some of the papers demanded by the minority be turned over.

Grassley in a letter sent on behalf of the Senate Judiciary Committee requested documents tied to Kavanaugh's work as a White House lawyer during the George W. Bush administration, but not tied to his work as staff secretary for the Bush White House.

Democrats on the Judiciary Committee immediately criticized Grassley's decision, which came after days of rhetorical firefighting and a flurry of letters between senators.


"What is so disqualifying in his record from the White House that they would accede to the administration’s wishes and ignore the precedent Republicans set in demanding exhaustive document productions by Obama nominees?" Sen. Sheldon WhitehouseSheldon WhitehouseKavanaugh conspiracy? Demands to reopen investigation ignore both facts and the law Christine Blasey Ford's lawyers blast FBI's Kavanaugh investigation as 'sham' New York gun rights case before Supreme Court with massive consequences  MORE (D-R.I.), a member of the committee, said in a statement.

Sen. Kamala HarrisKamala HarrisKavanaugh conspiracy? Demands to reopen investigation ignore both facts and the law 'CON laws' limit the health care competition Biden aims to deliver JD Vance takes aim at culture wars, childless politicians MORE (D-Calif.), another member of the committee, added that "the majority’s opposition to transparency is as new as it is dangerous."

Democrats argue documents from Kavanaugh's time as staff secretary are crucial for understanding his thinking on some of the most controversial policies of the Bush administration, including torture and surveillance.

But Republicans had dismissed their broader request as a "fishing expedition," and characterized Kavanaugh's work as a staff secretary as a "paper pusher" that would shed little light on his judicial philosophy.

"I expect the production to be the largest ever in the Senate’s consideration of a Supreme Court nominee. ... As I have said repeatedly, I am not going to put the American taxpayers on the hook for the Senate Democrats’ fishing expedition," Grassley said in a statement.

Grassley added on Friday that he had been trying to negotiate with Sen. Dianne FeinsteinDianne Emiel FeinsteinBiden signs bill to bolster crime victims fund Stripping opportunity from DC's children Progressive groups ask for town hall with Feinstein to talk filibuster MORE (D-Calif.) for nearly two weeks to reach a "good-faith agreement."

"I’ve found myself either waiting for a response to my proposals or faced with unprecedented and unreasonable counter-proposals," he said.

He added that Democrats want a "search of every email from every one of the hundreds of White House staffers who served alongside Judge Kavanaugh for nearly six years, to find records that merely mention his name."

Grassley's decision could limit Democrats' ability to get documents from Kavanaugh's work as staff secretary.

The National Archives in a letter to Feinstein said that a committee's power to request documents under the Presidential Records Act rests with a panel’s chairmen, who are all Republicans.

But Feinstein fired back in a letter to the agency released on Friday that they have to respond to requests from both Republicans and Democrats.

“Your unduly restrictive reading of the law results in one political party having complete control over what records the Senate will be able to see,” she wrote, adding that “a biased denial of document requests to one half of the Committee is unsupported by the law.”