On the recordFebruary 16, 2017
Well, I wanted to go back to lawyering for a minute in response to the Senator's comments about the predicament that the other side is being put into--being asked to vote on the nominee, knowing that the disclosure of thousands of emails between the nominee and the industry and companies that he is going to supposed to regulate is imminent--is imminent. As the distinguished Senator from Hawaii said, maybe there is nothing in those; maybe this is just an empty concern. But over and over and over, emails have been really important at breaking investigations open. Certainly, our friends on the other side--until the election in November--had a fascination with emails, a fixation with emails. They couldn't get enough of other people's emails. And now suddenly everybody is looking at the ceiling, examining the ceiling tiles when it is time to wonder about these emails. There is a doctrine, if I recall successfully back in the days when I was a more active lawyer, called willful blindness, which is the wrongful act of intentionally keeping oneself unaware of something--the wrongful act of intentionally keeping oneself unaware of something. If that doesn't describe what is being done right now to the Republican Senators about these emails with this vote, I don't know what does, but what I do know is that willful blindness under the law is a culpable state of mind.…





