Cabinet of the United States
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the government serving under the President. Aside from the Attorney General, the heads of the executive departments all receive the title of Secretary, all members of the Cabinet serve at the pleasure of the President, who can dismiss them at will for no cause. There is no definition of the term Cabinet in the United States Constitution. The name comes from a 17th-century usage for a room where advisors would meet. The term principal officers of the departments is mentioned in the Twenty-fifth Amendment. The executive departments are listed in 5 U. S. C, under the 1967 Federal Anti-Nepotism statute, federal officials are prohibited from appointing their immediate family members to certain governmental positions, including those in the Cabinet. Under the Federal Vacancies Reform Act of 1998, an incoming administration may appoint acting heads of department from employees of the relevant department and these may be existing high-level career employees, from political appointees of the outgoing administration, or sometimes lower-level appointees of the incoming administration.
The heads of the departments and all other federal agency heads are nominated by the President. If approved, they receive their commission scroll, are sworn in, an elected Vice President does not require Senate confirmation, nor does the White House Chief of Staff, which is an appointed staff position of the Executive Office of the President. 21 positions, including the heads of the departments and others. §5312, and those 46 positions on Level II pay are listed in 5 U. S. C, as of 2015, Level I annual pay, was set at $203,700. The annual salary of the Vice President is $235,300, the salary level was set by the Government Salary Reform Act of 1989, which provides an automatic cost of living adjustment for federal employees. For a full list of people nominated for Cabinet positions, see Formation of Donald Trumps Cabinet, the Cabinet includes the Vice President and the heads of 15 executive departments, listed here according to their order of succession to the Presidency. The following officials hold positions that are considered to be Cabinet-level positions, Department of the Navy, headed by the Secretary of the Navy, became a military department within the Department of Defense.
Post Office Department, headed by the Postmaster General, reorganized as the United States Postal Service, National Military Establishment, headed by the Secretary of Defense, created by the National Security Act of 1947 and recreated as the Department of Defense in 1949. Department of the Army, headed by the Secretary of the Army, Department of the Air Force, headed by the Secretary of the Air Force, became a military department within the Department of Defense. Secretary of Foreign Affairs, created in July 1781 and renamed Secretary of State in September 1789, Secretary of War, created in 1789 and was renamed as Secretary of the Army by the National Security Act of 1947. The 1949 Amendments to the National Security Act of 1947 made the Secretary of the Army a subordinate to the Secretary of Defense
Supreme Court of the United States
The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution.
The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v.
Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote
John Glover Roberts Jr. is the 17th and current Chief Justice of the United States. He took his seat on September 29,2005, having been nominated by President George W. Bush after the death of Chief Justice William Rehnquist and he has been described as having a conservative judicial philosophy in his jurisprudence. Roberts grew up in northwest Indiana and was educated in a private school and he attended Harvard College and Harvard Law School, where he was a managing editor of the Harvard Law Review. During this time, he argued 39 cases before the Supreme Court, notably, he represented 19 states in United States v. Microsoft. In 2003, Roberts was appointed as a judge of the D. C. Circuit by President George W. Bush, during his two-year tenure on the D. C. Circuit, Roberts authored 49 opinions, eliciting two dissents from other judges, and authoring three dissents of his own, in 2005, Roberts was nominated to be an Associate Justice of the Supreme Court, initially to succeed retiring Justice Sandra Day OConnor.
When Chief Justice Rehnquist died before Robertss confirmation hearings began, Bush instead nominated Roberts to fill the Chief Justice position, Roberts has authored the majority opinion in many landmark cases, including Parents Involved in Community Schools v. Seattle School District No. 1, Shelby County v. Holder, and National Federation of Independent Business v. Sebelius, John Glover Roberts was born in Buffalo, New York, the son of Rosemary and John Glover Jack Roberts Sr. His father was a plant manager with Bethlehem Steel and he has Irish and Czech ancestry. When Roberts was in grade, his family moved to Long Beach. He grew up with three sisters, Kathy and Barbara, Roberts attended Notre Dame Elementary School, a Roman Catholic grade school in Long Beach. In 1973, he graduated from La Lumiere School, a Roman Catholic boarding school in La Porte, Indiana and he studied five years of Latin, some French, and was known generally for his devotion to his studies. He was captain of the team, and was a regional champion in wrestling.
He participated in choir and drama, co-edited the school newspaper, and served on the athletic council and he attended Harvard College, graduating in 1976 with an A. B. summa cum laude in history in three years. He attended Harvard Law School where he was an editor of the Harvard Law Review. He graduated from law school with a J. D. magna cum laude in 1979, after graduating from law school, Roberts served as a law clerk for Judge Henry Friendly on the Second Circuit Court of Appeals for one year. Roberts frequently cites Judge Friendly in his opinions, from 1980 to 1981, he clerked for then-Associate Justice William Rehnquist on the United States Supreme Court. From 1981 to 1982, he served in the Reagan administration as a Special Assistant to U. S. Attorney General William French Smith, from 1982 to 1986, Roberts served as Associate Counsel to the President under White House Counsel Fred Fielding
Michael Richard Mike Pence is an American politician and the 48th Vice President of the United States. He previously served as the 50th Governor of Indiana from 2013 to 2017, born and raised in Columbus, Pence graduated from Hanover College and earned a law degree from the Indiana University Robert H. McKinney School of Law before entering private practice. After losing two bids for a U. S. congressional seat in 1988 and 1990, he became a conservative radio and he served as the chairman of the House Republican Conference from 2009 to 2011. Pence positioned himself as an ideologue and supporter of the Tea Party movement, noting he was a Christian, a conservative. Pence signed bills intended to restrict abortions, including one that prohibited abortions if the reason for the procedure was the race, gender. He signed an additional bill acting as an amendment intended to protect LGBT people. Michael Richard Mike Pence was born June 7,1959, in Columbus, one of six children of Nancy Jane and Edward J.
Pence and his family were Irish Catholic Democrats. He was named after his grandfather, Richard Michael Cawley, who emigrated from County Sligo, Ireland, to the United States through Ellis Island and became a bus driver in Chicago and his maternal grandmothers parents were from Doonbeg, County Clare. Pence graduated from Columbus North High School in 1977 and he earned a BA degree in history from Hanover College in 1981, and a JD degree from the Indiana Universitys Robert H. McKinney School of Law in Indianapolis in 1986. While at Hanover, Pence joined the Phi Gamma Delta fraternity, after graduating from Hanover, Pence was an admissions counselor at the college from 1981 to 1983. In his childhood and early adulthood, Pence was a Roman Catholic and Martin Luther King Jr. While in college, Pence became an evangelical, born-again Christian, after graduating from law school in 1986, Pence was an attorney in private practice. He ran unsuccessfully for a seat in 1988 and in 1990. He became the president of the Indiana Policy Review Foundation, a self-described free-market think tank in 1991, Pence left the Indiana Policy Review Foundation in 1993, a year after beginning to host The Mike Pence Show, a talk radio program based in WRCR-FM in Rushville, Indiana.
Pence called himself Rush Limbaugh on decaf since he considered himself politically conservative while not as outspoken as Limbaugh, the show was syndicated by Network Indiana and aired weekdays 9 a. m. to noon on 18 stations throughout the state, including WIBC in Indianapolis. From 1995 to 1999, Pence hosted a political talk show from Indianapolis. In 1988, Pence ran for Congress against Democratic incumbent Phil Sharp and he ran against Sharp again in 1990, quitting his job in order to work full-time in the campaign, but once again was unsuccessful. During the race, Pence used political donations to pay the mortgage on his house, his credit card bill, golf tournament fees
Party leaders of the United States Senate
The Senate Majority and Minority Leaders are two United States Senators and members of the party leadership of the United States Senate. They are elected to their positions in the Senate by their party caucuses, the Senate Democratic Caucus. By rule, the Presiding Officer gives the Majority Leader priority in obtaining recognition to speak on the floor of the Senate, the Assistant Majority and Minority Leaders of the United States Senate are the second-ranking members of each partys leadership. The main function of the Majority and Minority Whips is to gather votes on major issues, because they are the second ranking member of the Senate, if there is no floor leader present, the whip may become acting floor leader. Before 1969, the titles were Majority Whip and Minority Whip. The Senate is currently composed of 52 Republicans,46 Democrats, the current leaders are Republican Majority Leader Mitch McConnell of Kentucky and Democratic Minority Leader Chuck Schumer of New York. The current Assistant Majority Leader is Republican John Cornyn of Texas, the current Assistant Minority Leader/Whip is Democrat Dick Durbin of Illinois.
The Democrats began the practice of electing floor leaders in 1920 while they were in the minority, John W. Kern was a Democratic Senator from Indiana. While the title was not official, he is considered to be the first Senate party leader from 1913 through 1917, the Constitution designates the Vice President of the United States as President of the United States Senate. The Constitution calls for a President pro tempore to serve as the leader of the body when the President of the Senate is absent, for these reasons, it is the Majority Leader who, in practice, manages the Senate. This is in contrast to the House of Representatives where the elected Speaker of the House has a deal of discretionary power. The Democratic Party first selected a leader in 1920, the Republican Party first formally designated a leader in 1925. gov Republican Majority Democratic Minority
Vice President of the United States
The executive power of both the vice president and the president is granted under Article Two, Section One of the Constitution. The vice president is elected, together with the president. The Office of the Vice President of the United States assists, as the president of the United States Senate, the vice president votes only when it is necessary to break a tie. Additionally, pursuant to the Twelfth Amendment, the president presides over the joint session of Congress when it convenes to count the vote of the Electoral College. Currently, the president is usually seen as an integral part of a presidents administration. The Constitution does not expressly assign the office to any one branch, causing a dispute among scholars whether it belongs to the executive branch, the legislative branch, or both. The modern view of the president as a member of the executive branch is due in part to the assignment of executive duties to the vice president by either the president or Congress. Mike Pence of Indiana is the 48th and current vice president and he assumed office on January 20,2017.
The formation of the office of vice president resulted directly from the compromise reached at the Philadelphia Convention which created the Electoral College, the delegates at Philadelphia agreed that each state would receive a number of presidential electors equal to the sum of that states allocation of Representatives and Senators. The delegates assumed that electors would typically choose to favor any candidate from their state over candidates from other states, under a plurality election process, this would tend to result in electing candidates solely from the largest states. Consequently, the delegates agreed that presidents must be elected by a majority of the number of electors. To guard against such stratagems, the Philadelphia delegates specified that the first runner-up presidential candidate would become vice president, the process for selecting the vice president was modified in the Twelfth Amendment. Each elector still receives two votes, but now one of those votes is for president, while the other is for vice president.
The requirement that one of those votes be cast for a candidate not from the electors own state remains in effect. S, other statutorily granted roles include membership of both the National Security Council and the Board of Regents of the Smithsonian Institution. As President of the Senate, the president has two primary duties, to cast a vote in the event of a Senate deadlock and to preside over. For example, in the first half of 2001, the Senators were divided 50-50 between Republicans and Democrats and Dick Cheneys tie-breaking vote gave the Republicans the Senate majority, as President of the Senate, the vice president oversees procedural matters and may cast a tie-breaking vote. As President of the Senate, John Adams cast 29 tie-breaking votes that was surpassed by John C. Calhoun with 31. Adamss votes protected the presidents sole authority over the removal of appointees, influenced the location of the national capital, on at least one occasion Adams persuaded senators to vote against legislation he opposed, and he frequently addressed the Senate on procedural and policy matters
Samuel Anthony Alito, Jr. is an Associate Justice of the Supreme Court of the United States. He was nominated by President George W. Bush and has served on the court since January 31,2006 and he is the 110th justice, the second Italian-American, and the eleventh Roman Catholic to serve on the court. Alito is considered one of the most conservative justices on the Court and he has described himself as a practical originalist. Alitos majority opinions in cases include McDonald v. Chicago. Alito was born in Trenton, New Jersey, the son of Samuel A. Alito, Sr. an Italian immigrant, and the former Rose Fradusco, an Italian-American. Alitos father, now deceased, was a school teacher and became the first Director of the New Jersey Office of Legislative Services. Alitos mother is a retired schoolteacher, Alito grew up in Hamilton Township, New Jersey, a suburb of Trenton. It called for the decriminalization of sodomy, and urged for an end to discrimination against gays in hiring by employers and he led the American Whig-Cliosophic Societys Debate Panel during his time at Princeton.
While a sophomore at Princeton, Alito received a low number,32. In 1970, he became a member of the schools Army ROTC program, attending a basic training camp that year at Fort Knox. Alito was a member of the Concerned Alumni of Princeton, which was formed in October 1972 at least in part to oppose Princetons decisions regarding affirmative action, Alito has cited the banning and subsequent treatment of ROTC by the university as his reason for belonging to CAP. During his senior year at Princeton, Alito moved out of New Jersey for the first time to study in Italy, where he wrote his thesis on the Italian legal system. Graduating in 1972, Alito left a sign of his lofty aspirations in his yearbook and he was commissioned as a Second Lieutenant in the U. S. Army Signal Corps after his graduation from Princeton and assigned to the United States Army Reserve. Following his graduation from Yale Law School, he served on duty from September to December 1975. The remainder of his time in the Army was served in the inactive Reserves and he was a captain when he received an honorable discharge in 1980.
After graduating from Yale Law School in 1975, where he was an editor of the Yale Law Journal, garth in Newark, New Jersey in 1976 and 1977. He interviewed with Supreme Court Justice Byron White for a clerkship but was not hired, between 1977 and 1981, Alito was Assistant United States Attorney, District of New Jersey. While serving as an Assistant U. S. Attorney for New Jersey, he prosecuted many cases that involved drug trafficking, from 1981 to 1985, Alito was Assistant to Solicitor General Rex E. Lee
Ruth Bader Ginsburg
Ruth Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10,1993 and she is the second female justice and one of four female justices appointed on the Supreme Court. She is generally viewed as belonging to the wing of the Court. Ginsburg was one of the few women in her law school class, following law school, Ginsburg turned to academia. She was a professor at Rutgers School of Law–Newark and Columbia Law School, Ginsburg spent a considerable portion of her legal career as an advocate for the advancement of gender equality and womens rights, winning multiple victories arguing before the Supreme Court. She advocated as a lawyer for the American Civil Liberties Union and was a member of its board of directors. In 1980, President Jimmy Carter appointed her to the U. S. Court of Appeals for the District of Columbia Circuit. Born in Brooklyn, New York City, Joan Ruth Bader is the daughter of Nathan and Celia Bader, Russian Jewish immigrants.
The Baders older daughter, died of meningitis at age 6 when Ruth was 14 months old, the family called Joan Ruth Kiki, a nickname Marylin had given her for being a kicky baby. When Kiki started school, Celia discovered that her daughters class had several other girls named Joan, although not devout, the Bader family belonged to East Midwood Jewish Center, a Conservative temple, where Ruth learned tenets of the Jewish faith and gained familiarity with the Hebrew language. At age thirteen, Ruth acted as the rabbi at a Jewish summer program at Camp Che-Na-Wah in Minerva. Her mother took a role in her education, taking her to the library often. Celia had been a student in her youth, graduating from high school at age 15. Celia wanted to see her daughter get more of an education, Ruth attended James Madison High School, whose law program dedicated a courtroom in her honor. Celia struggled with cancer throughout Ruths high school years, and died the day before Ruths high school graduation, Bader attended Cornell University in Ithaca, New York, where she was a member of Alpha Epsilon Phi.
While at Cornell she met Martin D. Ginsburg at age 17 and she graduated from Cornell with a Bachelor of Arts degree in government on June 23,1954. She was a member of Phi Beta Kappa and the female student in her graduating class. At age 21, she worked for the Social Security Administration office in Oklahoma and she gave birth to a daughter in 1955
Law of the United States
The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U. S. states, the scope of federal preemption is limited because the scope of federal power is not universal. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U. S. law consists primarily of state law, which can and does vary greatly from one state to the next. At both the federal and state levels, the law of the United States is largely derived from the law system of English law. However, American law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations. In the United States, the law is derived from five sources, constitutional law, statutory law, administrative regulations, where Congress enacts a statute that conflicts with the Constitution, the Supreme Court may find that law unconstitutional and declare it invalid.
Notably, a statute does not disappear automatically merely because it has been found unconstitutional, many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to the common law tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder, as common law courts, U. S. courts have inherited the principle of stare decisis. The actual substance of English law was received into the United States in several ways. Some reception statutes impose a specific date for reception, such as the date of a colonys founding. Thus, contemporary U. S. Second, a number of important British statutes in effect at the time of the Revolution have been independently reenacted by U. S. states.
Two examples that many lawyers will recognize are the Statute of Frauds, such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. However, it is important to understand that despite the presence of reception statutes, early on, American courts, even after the Revolution, often did cite contemporary English cases. But citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910
President of the United States
The President of the United States is the head of state and head of government of the United States. The president directs the executive branch of the government and is the commander-in-chief of the United States Armed Forces. The president is considered to be one of the worlds most powerful political figures, the role includes being the commander-in-chief of the worlds most expensive military with the second largest nuclear arsenal and leading the nation with the largest economy by nominal GDP. The office of President holds significant hard and soft power both in the United States and abroad, Constitution vests the executive power of the United States in the president. The president is empowered to grant federal pardons and reprieves. The president is responsible for dictating the legislative agenda of the party to which the president is a member. The president directs the foreign and domestic policy of the United States, since the office of President was established in 1789, its power has grown substantially, as has the power of the federal government as a whole.
However, nine vice presidents have assumed the presidency without having elected to the office. The Twenty-second Amendment prohibits anyone from being elected president for a third term, in all,44 individuals have served 45 presidencies spanning 57 full four-year terms. On January 20,2017, Donald Trump was sworn in as the 45th, in 1776, the Thirteen Colonies, acting through the Second Continental Congress, declared political independence from Great Britain during the American Revolution. The new states, though independent of each other as nation states, desiring to avoid anything that remotely resembled a monarchy, Congress negotiated the Articles of Confederation to establish a weak alliance between the states. Out from under any monarchy, the states assigned some formerly royal prerogatives to Congress, only after all the states agreed to a resolution settling competing western land claims did the Articles take effect on March 1,1781, when Maryland became the final state to ratify them.
In 1783, the Treaty of Paris secured independence for each of the former colonies, with peace at hand, the states each turned toward their own internal affairs. Prospects for the convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washingtons attendance to Philadelphia as a delegate for Virginia. It was through the negotiations at Philadelphia that the presidency framed in the U. S. The first power the Constitution confers upon the president is the veto, the Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law. Once the legislation has been presented, the president has three options, Sign the legislation, the bill becomes law. Veto the legislation and return it to Congress, expressing any objections, in this instance, the president neither signs nor vetoes the legislation
Brett Michael Kavanaugh is a federal judge on the United States Court of Appeals for the D. C. He was Staff Secretary in the Executive Office of the President of the United States under President George W. Bush, a protégé of Kenneth Starr, Kavanaugh played a lead role in drafting the Starr report, which urged the impeachment of President Bill Clinton. Kavanaugh led the investigation into the suicide of Clinton aide Vincent Foster, Kavanaugh himself was nominated to the D. C. Appeals Court by Bush in 2003 and his confirmation hearings were contentious and stalled for three years over charges of partisanship. Kavanaugh was ultimately confirmed in May 2006 after a series of negotiations between Democratic and Republican Senators, according to Jeffrey Toobin, Kavanaugh is a potential future Republican nominee to the Supreme Court. Kavanaugh was born on February 12,1965 in Washington, D. C. and raised in Bethesda, Maryland and he is a Roman Catholic and graduated from the Georgetown Preparatory School before going to Yale College.
He received his B. A. from Yale College and his law degree from Yale Law School, where he served as Notes Editor of the Yale Law Journal. He is married to Ashley Estes, a native of Abilene, Kavanaugh clerked for Supreme Court Justice Anthony Kennedy, as well as Judge Alex Kozinski of the Ninth Circuit and Judge Walter Stapleton of the Third Circuit. Prior to his Supreme Court clerkship, Kavanaugh earned a fellowship in the Office of the Solicitor General of the United States. The Solicitor Generals office represents the United States before the Supreme Court, Kavanaugh was a partner at the law firm of Kirkland & Ellis, where his practice focused on appellate matters. After George W. Bush became president in 2001, Kavanaugh served for two years as Senior Associate Counsel and Associate Counsel to the President, in that capacity, he worked on the numerous constitutional and ethical issues handled by that office. Starting in 2003, he served as Assistant to the President, in that capacity, he was responsible for coordinating all documents to and from the president.
President George W. Bush first nominated Kavanaugh to the D. C. Circuit on July 25,2003, to a created by Judge Laurence H. Silberman. Kavanaughs nomination was stalled in the Senate for nearly three years, Democratic Senators criticized him as being too partisan, with Senator Dick Durbin calling him the Forrest Gump of Republican politics. The Senate Judiciary Committee recommended confirmation on a 10-8 party-line vote on May 11,2006, on June 1,2006, he was sworn in by Justice Anthony Kennedy, for whom he had previously clerked, during a special Rose Garden ceremony at the White House. Kavanaugh was the fourth judge nominated to the D. C. Circuit by Bush, Kavanaugh began hearing cases on September 11,2006 and had his formal investiture on September 27 at the Prettyman Courthouse. His first published opinion was released on November 17,2006 and he authored the opinion of the court for a unanimous three-judge panel in the case of National Fuel Gas Supply Corp. v. FERC. In July 2007 Democratic Senators Patrick Leahy and Dick Durbin accused Kavanaugh of misleading the Senate committee during his nomination stemming from the Bush White House detention policy