b>> i will nominate judgett kavanaugh... >> narrator: a supreme court face-off 30 years in the making... it is aystem that has become toxic... >> when bork got taken down they promised never to forget.po >> it was tics. and it was war. >> narrator: and behind the scenes one powerful republrean senator. >> mitch mcconnell is a tactical genius. >> ...not giving a lifetime appointment, to this president, on the way out the door...ed >> unprecedent >> democrats are outraged... >> narrator: tonight on raontline... >> we're living in the eral f the mcconnurt. >> narrator: "supreme revenge." >> frontne is masible by contributions to your pbs

station from viewers like you. thank you. and by the corporation for public broadcaing. major support is provided by the john d. and cathine t. macarthur foundation, committed to buitoing more just, verdant and peaceful world. more informaon at macfound.o. the fordoundation: working with visionaries on the efrontlines of social cha worldwide. at foroundation.org. additional support is provided by the aams foundation, mmitd to excellence in journalism. the park foundation, dedicated to heighteni publicub awareness of critical issues. the john and helen glessner family trust. supporting trustworthyjo nalism that informs an inspires.rm and by thee frontlurnalism fund, with major support from jon and jo ann hagler. ♪

>> iis my honor and privilege to announce that i will nominata judge bretnaugh to the united states supreme court. (applause) >> supreme court showdown ascr des are promising to fight president trump... >> theattle is on-- supreme court minee brett kavanaugh made the rounds... n is the time to fight. >> democrats have already come out in total opposition ...n >> you don't belong in this building as a justice. >> pay attention to this, guys. pay attention. >> if he's cfirmed, he'll be on the court for 25 to 30 years. that's six presidential terms. ♪ >> people on both sides of the aisle very quickly took positions on judge kavanaugh before they knew anything about him.m. (cameras clickg) >> i tell you, it was big drama. that room, there were more cameras, you could bhearel for the clicking whenever the judge would turn his head

or, or make a motion that they wanted to capture. (cameras clicking) >> good morning. i welcome everyone to this confmation hearing othe nomination of judge... >> mr. cirman. >> ...brett kavanaugh... >> mr. char.man. >> ...to serve as associate justice... >> mr. chairman... >> grassley is, like, 13 words into his remarks when they start badgering him. >> you are out... you are out of order, i'll proceed. >> we cannot possibly mo forward, mr. chairman, wh this hearing... >> i extend a very warm welcome... >> we have not been given an... >> the democrats had agreed that this.nd that they should do >> mr. chairman, i appeal toto the chaiecognize myself or one of my colleagues... >> you're out of o >> mr. chairman, i, i appeal to be recognized on your sense of deccy and integrity... >> mr. chairman, if, if we cannot be recognized, i move to adjourn. >> the american people... >> mr. chairman, i move to adjourn. (protesters outing) >> ... tvesty of justice. this is travesty of justice. we will not go back. canc brettavanaugh, adjourn

the hearin >> we're here to say to be a hero! h beo... (inaudible) (protesters continue shouting) >> that's no way to conduct a hearing. i think that the process was not becoming of the united states senate. >> but this is the first confirmation hearing for a supreme court juste i've seen basically according to mob rule. >> this is shaping up be the hypocrisy hearing, and that's hard tdo in the senate. (protesters shouting) >>arrator: it was only the first day of the kavanaugh hearings. >> it was the epitome of a totally broken system. if kennedyad been alive, or heflin, or scter h been watching the kavanaugh hearingsv we wouldpuked. >> a circus of protesters welcomed into the hearing room by the democratic party...

>> narrator: it lookede a product of the deep divisions in washington today. >> destroying civility and sowing chaos... >> narrator: but it had been decades in the making. court hearings? disrupt supreme they mig as well be in the audience with the protesters.to >> nar and behind the scenes, one powerful republican senator, majority leader mitch mcconnell. >> mcconnell knows the game plan. one of the reasonse's as good at his job as it is is becauseau he can play hiown hand at cards and he can also play his opponent's hand at catds. he knows exactly what they'reng tro do. >> narrator: out-maneuvering democrats, confirmingva ltnsertive judges were mcconnell's species. brett kavaugh would be his crowning achievement.(c amera clicks) >> it's moving the cou to a really very, very conservative court. that's mcconne's dream drom the time he was first in the senate, and maybe his dream en he went into politics >> this is going to be a ..ugh battle on capitol hi >> narrator: mitch mcconnell's determination to transform the

supreme court had been his life's work. senatorsnau.s. supreme courtup nominee clarence thomas managed to... >> potentially ensuring aor conservative my fory decades... >> narrator: through bruising knfirmation battles... >> ...democrats p an open mind about kavanaugh... >> narrator: a suggle over ideology and power... >> ...white house has been packaging clarence thomas like a political candidat.. >> ...expected to be one of the most contentious confirmation hearings in memory. >> narrator: ignited by a devastating defeat... >> ...rejecting the nomination of judge bork..... >>dge bork, the long public ordeal... >> narrator: and a promise to retaliate. >> the administration is marshaling all its resources for may be the last great idlogical battle of the reagan presidency... >> ...of what could be one the great supreme court nomination fights of the century... >> narrator: it started at the reagan white house. >> ...conservative judge rober bork... >> some friends of mine from the white house counsel's office called me and said, "it's happening now." so i jumped in a cab and came running over and managed to get through securitynd into ae white house. wonderful, i was, uh, uh... very pud of him.

it was kind of, kind of mong to see that. >> it is with great pleasure and deep respect for his extraordinary abilities that i today announce my intention tona nomi united states court of appeals judge robert h. rk to be an associate justice ofhe sup sme court. >> i thought, "well, this man i, an ideal person to be on the supreme court." as t most prominent andegarded intellectually powerful advocate of judicial restraint...>> ork was sort of the hallmark of ultra-conservative legalat thought. this was going to dramatically chan the court it was going to change it in a far more conservative direction. >> narrator: reagan had already successfully appointed conservatives to a court h considered tooiberal: sandra day o'connor, william rehnquist elevated to chief justice, antonin scalia. and now, with the retirement of lewis powell, reagan could secure conservative control of the court. >> so this was an opportunity t

really chae direction, not just for the next four years, but republicans were hoping fort the 0 years. >> narrator: reagan's attorneyma genera a phone call to capitol hill. he wanted to alert one powerfuln democraticor. s >> senator kennedy got a note that attorney general meese was calling for him. of thestepped o hearing into a phone booth and took the call. and, and meese told him that it was going to bbork. >> narrator: kennedy headed forn to the liberal senrom massachusetts, bork was a dire threat. >> everything that bork had written and stood for meant that the cie l rights and affirmative action push of the cheil rights movement was in danger. >> ...and the senator from massachuses is recognid... >> narrator: it had only been an hourince reagan's announcement.e

kennedy let esident and bork know they were in for a fight. >> mr. president, i oppose the nomination of robert bork to thr e court, and i urge the senate ttereject it.ff >> and our said, "hey, go hear what kennedy is saying." so i went over. >> robert bork's america is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, roguk police could bown citizens' doors in midnight raids. tl>> whoa, this sounds a l er the top. i knew robert bork, he'd been an professor of and i liked the guy, but certainly my journalistic instinct was,he "okay,ight's on, the fat's in the fire. this is really going to be somethg." >>o justice would be better than this injustice. i yield back the balance of myce time. >> when he finished, there was just silence. a i said, "what this

(bleep)? what, what are you doing?" he said, "just know that we'll have to stroy him." >> and we were watchis on tv as we were drking champagne in the counsel's office. and i said, "are you guys ready for this?"ai and they "oh, yeah, don't worry about it." well, they weren't ready.en i don't think theyny clue what was coming. (protesters shouting) >> narrator: what was coming was a full-on political assault led by liberal democrats protests, phone banks, and attack ads. >> so you're using every technique and every tool at your disposal. and we'd never seen that before. >> this is gregory pec please, urge your senators to vote against the bork nomination, because if robert bork wins a seat on the supreme will be for life-- his life and yours >> it was the first moment that you saw all-out war over a

supreme court nominee. it was the first example of the politics of destruion of the modern era. >> the name and future of robert bork tops the agenda in washington this rning.s president reagan's... >> and nowhere is the dehote er than at the confirmation hearings for supreme court nominee robert bork... >> this is abc news special port... >> narrator: the judiciary committee hearings, led by the democrats, we broadcast on national television. t >> it is a momentous day in washington d.c.... >> judge robert bork began his battle for confirmation to thehe supreme court today. >> it was kind of tense. it was tense, it was tv lights-- very hot tv lights. there's a certain sense, when you're theamily member, that there's absolutely nothing you can do. >> narrator: it was a cast designed for classic television drama-- the attackers: biden, heflin, metzenbaum, leahy, and kennedy. >> judge bork looks at senator

kennedy and senator kennedy now recognizes him. >> i was glued to the television like everybody else. i was as smitten by all the television theatricaa that, that everybody else was. >> narrator: and there were the defenders-- conservative republicans simpson an grassley. >> so the question was, "okay, how is this guy ing to present himself? what's going to be the drill?" >> ...many controversial statements he has made as aan professoa dge i've compiled... >> narrator: for five days they clashecl c you derive a right to an abortion from thconstitution? >> narrator: they challenged bork's views on controversialsu . >> yesterday you said women and blacks who know your record do fear you. >> it was epic. mean, they were discussing very serious things. >> do we have a constitutionalt ri speak recklessly? >> busing and... >> ...were made in busing... >>..law and order, privacy... ce>> would we allow the po to search the sacred presancts of... >> ...abortion rights...n >> ...the hughts bill, which would haic changed roe against wade...

>> .rights to determine all kis of personal autonomyto >> you do t believe that there is general right of privacy that is inhe constitution? >> not one derived in that... rs>> narrator: bors advi told him to be succinct, not lecture thsenators. >> i'll be happy to anhe committee's questions. >> narrator: he dinot follow their instructions. >> o no, oh, no, senator. >> well, let me, let me pick that strain up. >> all right, but i... but i'd li to get on the record right now that i don't feel very free to disregard what congress decided, that the mere fact that a law is outrageous is not engh to make it unconstitutional. >> i didn't think it was going well. i just thought it was torture. you want to tap your dad on th shoulder and say, "i would say it thiitway." um, can't do that. >> they have been hammering you with thathing for five days. effort to save himthe end, in an supporter wyoming senator alan simpson asked him one last question. >> why do you want to be an associate justice of the united states supreme court?

>> narrator: many believe bork's his nomination.death knell of >> i think it would be an intellectual feast.ea >> some more bad news for ewsupreme court nominee judge rort bork... >> .by telling the senators the first attraction of the supreme court is the intellectual pleasure it. >> that seemed to be a big thing, "oh, intellectual fst." oh, well, what the hl, you know, but that's washington. w >> and instead of saying, "i want to do justice and show mercy and protect the rights of individuals," says, "it'll be an iellectual feast." and most people said, "who the dinner?" (chuckles) >> regular order will be followed. the clerk will continue calling the roll. >> mr. bumpers, no.k. mr. burd >> narrator: bork's candor had become a liability... >> mr. chaffee. >> narrator: ...for democrats and even some liberal republicans. it was a resounding defeat for bork and the conservative republicans, 42 to 5

>> m cranston, no. mr. kenny. mr. kennedy, no. >> the job was to cut this guy down. get bork. it's now in the dictionaries of the united states and, and thes world, icalled "getting borked." >> ...senator from kentuy. >> narrator: it was a searing exrience for first-term senatomitch mcconnell. enraged, he took to the senate floo >> and so to robert bork, you happened to be the one who set the new senate standard that will be applied, in my judgment, by a majority of the senate prospectively. unfortunately, it got set over your dead body, so to speak, politically. >> narrator: mcconnell threatened that he and his republican colleagues would use the same ttics when it mattered.

>> we're going to do it when we want to. and when we want to is going toi be when the president, whoever he may be, sends up somedyboe don't like. >> he'll be darned if he's goi to allow them to just get away with taking somebody out withoup payingce for it later on down the road. >> and if we don't like the philosophicalel ing of the nominee... >> nartor: it s a promise of revenge, a warning of what could happen if republicans took control. >> the danger ge that c approachprrse... ♪ (crowd cheering and applauding) >> narrator: the next year. the sustained applause is from members of a new conservative legal group, the federalist society. it is r their hero, robert bork. >> when rk got taken down, you know, their attitude, i thin became "never again." om

and this washing that they promised never to forget, never to forgive. absolutely energizing. h >>e known less friendly gatherings.. (audience laughs) >> the forces for bork who suffered that very pnful defeat didn't giveidp, didn't go me to sulk. they went underground and built an infrastructure to create a new reality for our judicial politics. i intendo be in it, and i know you do, too. thank you.ap (audiencauds) >> narrator: the federalist society was started as a student group 1981, with bork at yale and antonin scalia at the university of chicago as the faculty adsers.so ted spoke at their first convention. >> these were studentshat had been unhappy with the fact that they felt that their law school

education was tilted so stronglf to the that they were not hearing oppong views. >> narrator: abortion. busing. protections for criminals. y righ. the federalist society founders ought the courts had gone too far to t left. >> for years, for decades, the left, as we call them, progressivesa lot in the democrat party, were getting a lot of their agenda passedth througcourts. >> narrator: what began as a student grouquickly grew, a job network, then a pool of prospective judges, supported by powerful >> the olin foundation in particular, the bradley foundation. there's this handful, this cluster of far-right foundations with tons on old moneyem. and they start to nurture theie federalist s. >> ...many members of the federalist society... >> narrator: during reagan's presidency, more than half the

political appointees of the justice partment had ties to the federalist society, as did all 12 assistant attor generals. >> i have an acronym that i use when i think about thest federaociety. what's the main idea, m-a-i-n, right? money, access, ideasand network. and they were very successful on all those fronts. (fife and drum music pd ying) >> narrator: within ten years, they had built 120 chapters, 3,000 members with a budget of $700,000. (music continues) >> thurgood marshall, a man who playedpl pivotal role in the redefinition of justice in america, is leaving... >> narrator: when the nation's first african-ameran justice, thurgood marshall, retired, it was a pivotal moment for senator mitch mcconnell and the federalist society, de opportunity to replace a liberal

justice with a conservative. gone into overdrivumor mill has morning... >> narrator: members of the federalist society had gone to cork searching for aominee, scouring lists onservative lawyers,udges... one name stood out: clarence thomas, an african-american appeals court dge. >> ...that i will nominate judge clarence thomas to serve as associate justice of the united states supreme court. >> narrator: the white house was determined that clarence thomas was not going to be borked. h.w. bush administstnewhe george what was coming. they remembered vividly what had happened with robert work. >> clarencthomas c not have beeprepared for the mob of still photographers...ra >> narr: the republins built a war room. they prepped thomas. >> senate hearings began bn the supreme court nomination of... >> narrator: they warned him it could get ug. >> clarence thomas, a black conservative originally from...

>> narrator: once again, theoc preedings would be a television event, here in the room where the bork hearings captivated americans. >> ...see judge thomas now with the chairman of the judiciary committee... >> narrator: the cast was familiar-- biden, kennedy, simpson, metzenbaum, heflin. >> bute don't know how he's going to comport himself... n arrar: this time, the republicans had an advantage. it would be hard for the democrats to forcefullke on an african-american nominee. >> politically, they were in aol very difficult position. it's very difficult to attk an african-american judge, and they wanted to befriend him, not attack him. (gavel banging) >> the hearing will come to order. good morning, judge. tslcome to the blinding li it's a pleasure to, to he you here. >> pollsnitially showed that most americans wanted clarence o thomthe supreme cotht,

which caused some of the senatorsparticular democrats, to try to go easy initially.ia >> heck, you're six, sen years. younger thanm 48. how old are you, judge, 42, 43? >> well, i've aged over the last ten weeks, but, uh... (audnce laughing) i'm 43m >> 43 years old. >> narrator: thomas' white house handlers, sitting behind him, waited for the democrats' questions. >> he >>s advised-- i knowis to be very careful, to fu very modest. they're going to ask you about a every controversial issue that has ever come befo the supreme court. >> ...in the area of civil rights... >> narrator: unlike bork, thomas wouldn't be so candid... >>don't remember or recall participating... >> he was like a steady brick wall.icwa he jus't going to answer anything, and, and he didn't. >> i think thatoake a position would undermine my ability to be impal. >> say as little as ssible. disavow any idea that you ever

had. a present yoursea blank slate, and that's the only way to win. >> what i am trying to do, senator, is to respond to your imquestion and at the same not offer a particular view onui this difficuue of aborti... >> it was going to work. he was squeaki through. >> presidesi breh said he has no doubt clarence thomas will be confirmed. >> confirmation heings continue this morning in washington forlarence thas... >> narrator: it had been eight days of hearings. the committee would soon vote. >> if clarence thomas is confirmed to the supreme court,n his nominas certainly the most controversial since robert bork's... publicrator: but nationa radio reporter nina totenberg heard something unusual. >> biden says something about, "people have tried to smear you with personal allegations." t >> i beliere are certa things that are not at issue at all. f d that is his character, or characterizations character. >> nrator: totenberg was surprised.

no issues of character had been raised during the hearings. >> and so i just started kicking tires, and i managed to get stuff. >> narrator: she discovered a secret-- allegations of sexual harassment by clarencearhomas. >> and pretty soon, i d anita hill's name, and i called her up >> narrator: anita hill had employment oortunityt the eql commission. >> according to hill's affidavit, thomas talked about pornographic materials depting individuals with large penises or brets involved in various sex acts. >>ere is a person who is in charge of protecting rigs of women.wo he is also really violating the ws that he'shehere to enforce. >> it wajust a giant explosion. i, i... (laughs) i mean, i walked up to capitol hill... (makes explosion sound) was like ikmushroom cloud.

>> good evening.en we begin tonight with thepo ntial for political explosion on capitol hl. >> clarence thomas ran into trouble toy. >> questions are growing over charges of sexual harassment agnst thomas... >> narrator: as the story broke, senator mitch mcconnell rushed to the senate floor. t>> as soon as the presid announced his choice, the special interest groups lined up their firing squad and vowed to bork him and to kill him politically. the process iseing hijacked... >> narrator: mcconnell saw the legations against thomas as yet another liberal takedown. >> mcconnellnderstands implication and coanequence better than any united states senator. when you vote on legislation in rethe house and senate, yo playing for the next election. wh you put in a judge, you're playing for the next generation. >>he sexual harassment sto around clarence thomas is i intensifying.to >> nar now mcconnell would watch as anita hill threatened to derl thomas' nomination. >> tom, the stage is set for what everyone ticipates will be a brutal hearing.

(gavel banging) >> professor, do you swear to tell the whole truth and noing but the truth, so helpu yod? >> do. >> thank you. >> it was incredibly compelling television. you know, she was gorgeous, composed, obviously projecting sincerity. >> on other occasions, referred to e size of os own penis as being largenithan normal and he also spoke on some occasions of the pleasures he had given to women...th ral sex. >> you could not take your eyes off this thing you couldn't believe that people were accusing each other of these things. d, and the senate had probably never heard language like this before. >> narrator: the republicans had watched bork attacked for his ideology. now it was thomas's character would go all out to defend their nominee.

>> my purpose is to find outy what happened.>> arrator: senator arlen specter led the charge. >> i find the references to thel alleged searassment not only unbelievable, but preposterous. >> narrator: he cast doubt onry her me >> how reliable is your testimsty on events that occurred eight, ten years ago... >> narr: he suggested she was exaggerati. >> you took it to mean that judge thomas wanted to hdge sexi you, but in fact, he never did ask you to have sex, >> n he did noask me to have sex. >> but hat was an inference that you drew? >> yes, yes. thomas and the supourt.ence they had to deroy her inr or get him confirmed. un what she was saying was true, he had lier oath. >> without objection, it wilben placede record.rd again, i thank your family,yo thank u. adjourned until 9:00. (gavel bangs) >> all america had its television sets tuned to the s

u.s.ate... >> nothi>> like what happened today has ever happened before... >> washington, dc, a city sgusted by the gutter politics >>rator: but it wasn't over. inside the senate offices,ce clarhomas prepared to answer anita hill's alilgationsl senator alan simpson was in the room. >> we, we sat wi thoma and i told him my theory of political life: an attack unanswered is anttack believed. not only that, but agreed to. and he was teary. but i said, "you must have something to say." he said, "i real s do have something to say." >> this is a circus. it's a national disgrace. and as far as i'm concerned, it is a high-tech lynching for uppity blacks who in any way deign to think for tves, to do for themselves, to have

different ideas. >> i remember sitting behind a senator and hearing that and just feeling like a bomb had gone off in the room. and it suckeall the oxygen out of the room. unless you kowtow to an old order, this is what will happen to you. you will be lynched, destroyed, caricatured by a committee ofen the u.s., u.s.e rather than hung from a tree. >> the question is on the confirmation of the nomination c rence thomas of georgia. the clerk will call the roll. >> up to robert bork, therwas a sense of civility to this, that you could disagree without destroying. robert bork chbeged that, and clarence thomas confirmed it. and wi the clarence thomas nomition, everybody was watching

>> this vote, thas are 52 and the nays are 48. the nomination of clence thomas of georgia is hereby confirmed. >> narrator: clarence thomas was 43 years old.he owed to stay on the court for 43 more years. ♪ ea in the after thomas' confirmation, mcconnell watcnntc as democratic and republican presidents tried to tip theba nce of the court. >> president clinton tod nominated ruth bader ginsburg... >> narrator: with republicans in the minority, bill clinton r plach bader ginsburg and stephen breyer on the bench. congress the name is nominee to fill the se... >> narrato george w. bush, with a republican senate, put john roberts and samuel alito on the court. >> barack obama is project to be e next... >> narrator:ith democrats back to control, barack obama appointed sonia yor and elena kagan. >> still, many republicans are asking if she's the right

person for the job... >> narrator: throught all,nn mcl had been climbing to por inside the senate. majority whip. republican leader.aj and finally, mity leader. >> there's nobody who's more focused on political conquest than he is. there may not have been anybody calculating.t his entire life he knows more than everybody else. it was how much he could win and how much power he could achieve. power, and still holding on to that grievance aut what waited for the rigent to he use it. >> this is cnn breaking news... >> breaking news just in tus re at cnn.un ed states supreme court justice antonin scalia has died. >> scalia is found dead in his, in his bed one day. and what to do in this... in this moment of crisis becomes probably the defining moment of, of mitch mcconnell's career. >> ...and breaking news, u.s.ne narrator: mcconstice antonin...

immediately understoodtohe political implications of >> the stakes are enormous, with a... an obama appointee, then you probably have five justices on thcourt that are going to move the court in a much more progressive direction. >> wit wthat vacancy quesquon is, will a republican-controlled senate... >> narrator: president barack obama's replacement would givecr des a five-justice majority on the court. >> mitch mcconnell doesn't even wait for the day to end after uttonin scalia dies to put statement saying, in effect, "we're not goingo let president obama replace him." >> majority leader mitchnn mccoell just releasing a statement. >> ...this vacancy should not be filled until we have a newha ident. >> "it doesn't matter if you name anybody or t, i'm... we're not considering anybody because it's too cse to the election."." how shocking was that to yo >> it was amazing to me. i mean, they c say, "oh

there's precedent." this was unprecedented. er four-and-a-half weeks a justice scalia died, todayid prt obama... >> friendly crowd in the rose garden there as presidenobama nominates merrick ga.. >> narrator: undeterard by mcconnell, president obama would forge ahearg >> today, i am nominating chief judge merrick brian garland to join the supreme court. (audience applauds) >> president obama was trying to to be confirmed.y who waomgoing i thought, you know, how could members of the senate, with their bare faces hanging out, stop this very appealing nominee about whom, really, not a bad wod could be said? >> thank youmr. presidprt. this is the greatest honor of my life... (voice breaking): her than lynn agreeing to marry me 28 years ago. >> here is a man of distinguished education, distinguished background.s thise kind of person that should be on the supreme court.

and if it's obamd who's president, i was thrilled that he was appointing someone like merrick garland. >> five republican senators have agreed to talk... di a handful of republicans to break ranks, inc some facing tough re-election bids... >> narrator: mcconnell had a mini-revolt onis hands. h >> i met wrrick garland. i liked him. he's a person who would haved gotten 98 votes or 1 votes in the 1990s, just a few years before. >> ...blasting his party's leadership for stonewalling the nomination process... >> to not even allow the judiciary coittee to holita hearheg on his nomination just did not sit right with me. >> mitch mcconnell joins us nowm apitol hill. senator, thanks for being heg . >> narrator: he fouge back, hitting the airwaves. >> the right-of-center world does not want this vacancy filled by this president. we're not giving a lifetime appointment to this president on the way out the door, to change the supreme court for the xt 25 or 30 years. >> senator moran from

said he thought maybe there should be a hearing.g. and mcconnell just said to him, "you keep talking like that, and i'm i'nning a primary opponent ainst you," and moran backed off.ru mcconnell waless and brilliant. >> narrator: mcconnell kept the republic line. there would be no hearings, no votes, no consideration of judge garland. >> the one thing that i've learned about mitch is, if he says this is the way it is,he that's the way it is. >> (chuces) i don't ever question mcconnell. i mean, i worked with him-- you don't want to mess with mcconnell. >> democrats ats outraged by senate majory leader... >> narrator: mitch mcconnell han done what had never been done-- he'd blocked any consideration of a supreme cou nominee. >> ...said he didn't want to waste garland's time, quote, with unnecessary polical routines... >> narrato in the yearsince bork, mcconnell's ly, the federalist society, had become

one of the most porful forces in washington. >> the scale and scope was fantastic. they get into more and more law schools until they have a chapter invery law school in the country. they have a lawyers' chapter in all the major cities. they're vetting all the nominees for federal judgeships. >> narrar: their revenue had grown to more than $26 million. there were now over 60,000 mbers. >>he numbers a enormous. the money is enormous. and every important conservative jurist is a member, the supreme court e reembers of he courts on down thron h america. >> narrator: but in 2016, as mcconnell blocked merrick garland, the federalist society and publicans had a problem. >> w>>are led by very, very stupid people. >> narrator: they were worried about the republican presidential nominee, donald

trum >> drain the swamp! drain the swamp! >> but donald trump came out of nowhere to win t primary. he beat me and everybody else. but he was not r aublican in the sense that most of us understand the word to be. bottom line, his judicial conservative judgeunknown. be a >> narrator: mcconnell had a plan. he knew a lawyer, don mcgahn, who was inwhheederalis society and worked for the trump campaign.ai >> hs known don r many yes. and they had a mutual trust. th understand where each other are on issues that they are extremely concerned abou >> narrator: they told trump that pmising to appoints federalist juduld help him win over conservatives. >> leader mcconnell asked the president at that point, and i think don mcgahn was part of those nversations, to begin tting out a list that he would make public. (hn honks) >> narrator: candidate trump likethe idea of a list. he attended a meeting with the

ads of the federalist society and the conservative herite undation. >> he was very open about wh he wanted to do. nehe sd he wanted a list. he said, "can anet one?" and just raised my hand. "yes, sir." and aid, "can you have it by thursday?" we got the president a list of dges, and that's the federalist society's business.oc >> he outsourced this, essentially, to these two organizations.on he had no un hrstanding of whoes thpeople were. but when presented with it and when made clear thr , "this will help you politically, this will shore up your base," he said, "we got to do it." >>, lot of peop are, likea little bit borried about which judges. i'm going to submit a list of justices of the united states supreme courthat i will appoint from the list. >> that tst, that was a massive seller, which is, hey, you mayu hate trump, y not trust him, but it's got to be this n. and i don't think he'd bet president withat list. >> narrator: mcconnell had

helped trump get elected and he'd held open slia's seat, paving the wayor the nomination of federalist society favorite neil gorsrih. then, a year later, another opportunity. >> ...monumental moment... >> narrator: veteran justicey anthnnedy unexpectedly regned. >> kennedy really was the middle of the crt. so it's, it's a really serious moment, the st serious mom mt in the balance of the coant, really, since even before bork. >> narrato mitch mcconnell derstood the stakes. kennedy's replacement could lock up conservave control of the court. >> president trump's pick is in for the next supreme court nominee... >> brett kavanaugh to replace retiring... >> narrator: mcconnell, trump, and the federalist society again swung into action. the president nominated judgena brett h, who had joined the federalist society at yale law school.

>> kavanaugh is the perfect mcconnell nominee. he's very conservativen economic issues, on executive wer issues. he's the perfect blending of establishment and sort of red-state-based politics. (gavel banging) >> narrator: at the confirmation hearin, the democrats immediately put up a fight. >> mr. chairman, i'd like to be recogniz to ask a question. >> mr. chairman, it's a pending motion... >> if we don't even kn what the rules are, how can we...es >> i'd like tond to... >> mr. chairman... more than a year with a vacancy on theupreme court.up the treatment was shabby of merrick rrrland, president obama'nominee... >> democrats are really mad about garland that happened 2016, very recent history. >> people see through this. >> republicans a sll mad about bork. >> to my friends on the other side, you can't lose the election and pick judges.an

if youto pick judges, you better win. >> this stuff is now intensely polarized and super-partan. (gavel banging)>> arrator: and as the republican-led hearings got under way, brett kavanaugh would follow the clarence th playbook. >> i can't give you an answeon ds hypothetical question. senator, that soike a hypothetical, i... >> narrator: he wo hdn't engage. >> ...that's the hypothetical that you're asking me... senator, i think that hypothetical that u're asking is... ...a hypothetical that, uh,y about atutthat you're asking me.ki >> narrator: from his office, mcconnl watched the hearings. it all seemed to be going smoothly. >> what you ar iarthe knn. you don't know what you don't know. and if there is mething out dthere, some bombshell torop, or some way of captivating media attention, then u could have problems. >> dropping a bombell exactly one week before the committee is set to vote... >> and then you begin to see the newspapersvague referees to anonymous allegations that

had been lodged againsbrett kavanaugh about his conduct. >> narrato the aion-- his... sexual assault. >> word of her leaks out without her name at first, and then when there's, the news breaks, just ke with anita hill, her name is leaked. >> her name is christine blasey ford. >> the woman's name is cistine blasey ford. >> christine blasey ford... >>arrator: mcconnell wouldn't back dckn from the coming fight. >> i think he was furious. you know, this was the torpedo that he dreaded. >>hristine blasey ford described kavanaugh as stumbling drk... narrator: he was worried about losing the senate in the upming midterms. he had to get kavanaughd confirst. >>ou know, thow, words of mcnnell, "you will rue the day," back in the bork fight? those equally applied to him if he lost hhe kavanaugh fht, because the democrats, if they controlled the senate after this elec on, he wou wue the day

of what he'd done in garland. >> narrator: mcconnell lnched >>enate democrats and their allies are arying to destroy a man's personal and pional life on the basis of decades-old allegations... >> nartor: bork. thomas. nokavanaugh. the fight for the court had become personal. mcconnell blamed the democrats. >> democrats wouldn't let a few inconvenient things get between them and a good smear. it's despicable. >> he's ver faced a fight like this. he never faced one where he could go, go down like this. and it was right there on the zor's edge. ♪ >> just moments away now from the historicestimony of christine blasey ford before the senate. >> dr. ford has arrived here on capitol hill to testify in

public for the first time. >> it will certainly be an historic day on capitol hill. >> remember, nobody haseen her and nobody had heard from her. not even the senators. so it was a total surp >> (voice shaking): i am here day not because i want to be. i am terrified. i am here because i believe it is my cic duty to tell you what hwhpened to me while brettr kavanaugh and i re in high school. >> when you realized how genuinely terrified she was to be there, it shocked a lot of the older, longer-servg senators, that once again, this issue was being broughinto the public sphere. >> (voice breaking): i believed he was going to rape me. i tried to yell for help. when i did, brett put his hand over mmouth to stop me fromll g. this is what terrifi me the most, and has had thmost lastinlaimpact on my life.

it was hard for me tbreathe, and i thought that brett was accidently going to kill me. >> it was, of course, a larger-than-fe moment. christine blasey ford had to go before the eyes of a nation and the world. >> i thought she was enormously courageous, enormously persuasive. >> she was very polite and just looked dead honest. >> it was a huge burden on her to come forwomd. >> it was impossible n to be riveted with hd testimony. she was compelling. >> narrator: some of the senators tt day had also been at the clarence thomas hearings. paick leahy was one. >> when dr. ford testified, i asked her, "what do youu i remember of thident?" and i think everybody in that hearing remembers hersw . >> the laughter, the laugh-- thu uproariouster between the two, and they're having fun at

my expense. i was, you know, underneath one of them while the two laughed, two friends having a really good time wh e another. narrator: it looked bad for brett kavanaugh and republicans. >> this is over, this was destating. >> i believe those who wanted to believe her did. >> the mood among repuicans >> we had a meeting right after her testimony. and i uld tell that colleagues were moved and they were saying, you know, "he'd better be good. he'd better haven answer, because she sounds very credible." >> the worst-case scenario for kavanaugh and his defenders was what just transpired. >> narrator: at the white house, the president ofhe united states had also been watching.pr >> both thident and leader mcconnell found her testimony to be incredibly compelling.

>> i was in the white house the entire day, including watching the testimony of both ford and kavanaugh. the president watched it live. and the president and i have th said, each of us have said publicly, she gave, she rendered compelling testimony. >> narrator: the president picked up the phe. on the oer end-- mitch mcconnell. >> both of them are kind of testing each other a little bit. "where are you at on" you know, "how strong are you?" and mcconnell basically says to the president, "yodon'worry about me. i'm strong as mule piss." that's his quote. "i'm strong as mule piss." oiin other words, he's not to let up, he's not going to give up, he's not going to surrender. ♪ at >> to say verything that could have gone wrong for brett kavanaugh has is an understatement >> the impetus is on judge kavanaugh. they did dot have the votes in the senate... >> do not underestimate the importance of cee next few hours for brett kanaugh.na >> at some point, if you poke a stick and you torment that

person and you attack that person, at some point, that individual's going to fight back. >> i categorically andaleq vocally deny the alletion against me by dr. ford. i never had any sexual or physical encounter of any kind with d ford. >>t was like watching clarence thomas all over again.is as another version of the "hh-tech lynching." >> this confirmation process has become a nional disgrace. but you have replaced advice ann cothearch and destroy. >> narrator: clare invoked race.. now brett kavanaugh launched a partisan attack on t democrs. >> this whole two-week effort has en a calculated andan orchestrated political hit fueled with apparent pent-upes anger about ent trump, revenge on behalf of the cltons, and millions of llars in mon from outside

le-wing opposition groups. >> it has become this completely politicized drama. he took the allegations away from christine blasey ford and turned it intoin huge fight between democrats and he's trying to ral the republicans to his side. >> narrator: kavanaugh hadom become atant in the war between republicans and democrats. yo>> does this reflect rha are? does this yearbook reflectour focus on... >> narrator: they squared off over his high school yearbook. >> that's easy, yes or no, youo don't havelibuster... >> narrator: and hisndrinking. >> oh, no, no, no, no, no, you got this up, i'm going to, i'm going to talk about my high school.... no, no, i'm going to talk... >> let him answer! t >> i'm goitalk about my high school record if you're going to sit here and mock me. >> did it relate to alcohol? you haven't answered that. >> i like beer, i like beer. i don't know if you do... do you like be, senator? >> the quote that jumped out at me was, "brett was a sloppy drunk, and i know because i drank with him." >> that july 1 reference to

"skis," "went over for skis,"'s thbrewskis," correct?ct and after tobin... >> sir, sir, i just need a yes or no-- that, "brewskis," right? >>ell, i need to explain context. >>ou just said, sir, that you drank on weekdays. that's all ias looking for. >> you're saying there's never been a case where you drank so much that you didn't remember what happened the nit before or part of what happened. do it's, you're asking about, yeah, blackout, t know, have you? >> could y answer the question, judge? i just... so, you... that's not happen. is that your answe >> yeah, and i'm curious if you ihave. >> i have no drinking prlem, judge. >> yeah, nor do i. >> okay, thank you.at >> s graham.ha >> narrator: on the republican side, lindsey graham led the ght. >> this is the most unethical sham since i've been in politics. y bo all want power. god, i hope you never get it.ge i hope the american people can see through th sham. god, i hate to say it because these have been my friends fbut

let me tell you, when it comes to this, you're looking for air rocess? you came to the wrong town at e wrong time, my friend. this is not a job interview. this is hell. >> is this... >> this is going to stroy the ability of good people to me your high school yearbook!t . >>rves to rally republicans and make it an us- versushem kind of issue. and if it's an us-versus-them kind of issue,hen you vehe majority, that's what you want. >> t r crk will call the rol >> mr. cruz. mrs. ernst. mr. flake. mr. gardner.gadu msworth. >> narrator: with mcconnell's y republicans almost entir line... >> mr. toomey. >> narrator: brett kavanaugh was confirmed.

>> mr. udall. >> our friends in the united states senate, on th sides, created at environment. m warner. >> and now we have to ve with it. >> ms. warren. >> and the proem is, we can't. >> mr. whitehouse. >> and the biggest tragedy is that we are now hopelessly divided on the last thing that used to unite us, which is our judial system. now there's nothing that pulls us together.no ing. >> narrator: kanaugh, gorsuch, thomas, alito, roberts-- the t deralist society and mitch mcconnell now dominate thet. supreme co >> you talk about the warren court or the burger court or the roberts court, we're living in the era of the mcconnell court now because he did what he did. and it very well could be the mcconnell court for several decades to come. >> clarence thomas doesn't want to ser on the high court

anymore. >> clarence thomas comfortable retiring now, and there's a couple of others... >> surgeons today removed two malignant nodules frremefrfr court justice ruth bruer ginsburg's left lung. >> the 85 year old is id to have fracturethree ribs..... >> rbg's health 'ss become the subject ofuch attention in recent years... >> go to pbs.org/frontline for frontline's late transparency project.ze explore the of interviews in "supreme renge." >> imean i walked up to capitol hill... >> it was theepitome of a totallybroken system.g >> i'm submit a list of justices, potential... >> and idon't think he'dbe presidentt withou thatlist. >> connect to the frontlineac communmmy ebook and twitter, and watch anytimeat on the pbs video app or pbs.org/frontline. >> narrar: behind the crisis on the border...ph >> ste mler and jeff sessions and myself had a dinner in this very room. t >> narrator: ...lis of planning.ni >> the audaciousness of

what thewere plotting... >> they literally put children in cages. >> stephen miller believes any time the country is focused onmi ation, the president is winning. >> narrato the three men behind zero torance. >> they use thusr power over immigration in ways we have not seen for a goreration. >> frontline is made possible by contributions to your s station from viewers like you. thank you.ra and by the coron for public broadcasting. major support is provided by the john d. and catherine t. macarthur foundation, committed to blding a more just, verdant and peaceful world. more informatinf at macfound.org. the ford foundation: working with visionaries on the frontlines of social change worldwide. at fordfoundation.org. additional support is provided t abrams foundation, committed to excellence in journalism.rk the oundation, dedicated to heightening public awareness of critical issues. the john and helen glessner

family trust.fa supporting trustworthy journasm that informs and inspires. and by the frontline journalism fund, n andmajor support from jonn hagler. pt ned by media access group at wgbh access.wgbh.org f more on this and other "frontline" programs, visit our website at pbs.org/frontline. ♪ to order "frontline's" "supreme revenge" on dvd visit shoppbs, or call 1-800-play-pbs. this program is also available on amazoprime video.

♪ ♪ you're watching pbs. ♪ ♪ -you've said you'd favor middle-class tax cuts. -the front line is just up here. at's where the river... -she took me out to thoseetlaets. -i think we're off to a great gtart. ♪

>> and our top story, the violent start to the new yearoo victim tonight.ther ting >> a 28-year-old man was shot several times in the upper body. >> two shootings in salinas tonight. the most serious happened jusbefore 7:00. >> snipers, helicopters, and a swat team all called in to try and catch the suspects. woman: another shooting in salinas. its the fifth in less than a week. man: two separate shootings in salinas in less than an hour and just mil apart. >> this park is kind of like the reallyangerous place for, like, young peopley, to hang around. usua you know, every year,

you get a couple of shootingsth happen down there. t >> you can s b