Sen. Lindsey Graham on Judge Kavanaugh: 'We're Going to Get This Good Man Confirmed'

By Susan Jones | September 4, 2018 | 5:11 AM EDT

Sen. Lindsey Graham (R-S.C.) (File photo/Screen capture/C-SPAN)

( - Sen. Lindsey Graham (R-S.C.) will question Brett Kavanaugh, President Trump's Supreme Court nominee, in hearings that begin today.

On Sunday, Graham predicted that Kavanaugh ultimately will win enough votes to secure confirmation:

"If he does well at the hearing he will get, my belief is 55 (votes) or higher. If he does well enough, I'm sure he will do well," Graham told Fox News Sunday with Chris Wallace.

Wallace noted that Kavanaugh needs all 51 Republicans, including whoever John McCain's replacement may be. And Wallace asked Graham if he believes four Democrats will also vote yes.

"I'm not good at math," Graham joked, "But yes, I think there are a handful of Democrats who will vote for Judge Kavanaugh if he does well and maybe even more. A lot of people should vote for Judge Kavanaugh.

"If you are looking to a Republican president to pick a qualified conservative, he would be on the top of anyone's list, including not just Donald Trump. He's the one person I think every Republican president would see is the most qualified of their generation," Graham said.

Some Democrats are demanding a delay on Kavanaugh's nomination until the various allegations/investigations against President Donald Trump are settled.

"My Democratic friends did not have this view when Clinton was president," Graham said, noting that Justice Stephen Breyer was confirmed when Bill Clinton was being investigated by a special counsel for his dealings in the Whitewater case in 1994.

Graham also noted that Sen. Chuck Grassley, the chairman of the Judiciary Committee, "has been very fair" in granting voluminous document requests -- more documents than have ever been produced for a Supreme Court nominee -- for Democrats who are eager to delay the Kavanaugh hearing.

"We're going to have a hearing, and there's no drama in this hearing," Graham said. "The only drama is those running for president, how will they handle this hearing on the Democratic side? You know, we're going to get this good man confirmed."

Some Democrats oppose Kavanaugh because of his written statement in 2009 -- that "criminal investigations take the president's focus away from his or her responsibilities to the people."

To which Graham replied, "Well, what I think you'll find is somebody that has had 308 decisions. So, you can get a pretty good idea of what he thinks based on his time on the court of appeals but the bottom line here is that most people are unsure as to whether or not a president can be indicted, a sitting president.

"Impeachment is a process to remove a president, their criminal liability aspects are very much in debate. I think he's going to be mainstream in his thinking. He's going to look at both sides of the issue and decide appropriately."

As for Kavanaugh's reported statement that Roe v. Wade is "settled law," Graham said any Supreme Court decision can be revisited, but "there's a process of overturning long precedent."

"There's a four-part test you have to apply," Graham said. "From my point of view, what he will do is, when that case comes, if it ever does, you just don't wake up one day and say, hey, I'd like to overturn Roe v. Wade. If there's a conflict that makes it to the Supreme Court, he will apply the test of precedent to that decision, Roe v. Wade, and every other precedent."

"He would be disqualified, in my opinion, if you would not listen to both sides of the story and decide accordingly. This idea that Roe v. Wade is going to be challenged at state level, there are all kinds of laws out there. Some may work their way up to Supreme Court. He will give great deference I'm sure to Roe v. Wade. But it can be overturned like every other decision but that will be up to the facts on the record."

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