Supreme Court nominee Brett Kavanaugh wrote that “any program targeting Native Hawaiians as a group is subject to strict scrutiny and of questionable validity under the Constitution,” according to a confidential email released by U.S. Sen. Mazie Hirono this morning.

Kavanaugh’s 2002 email was written during his time serving in President George W. Bush’s administration.

Kavanaugh was advising the Treasury Department on upcoming testimony related to capital investment in “Indian country.”

Hirono tweeted: “These are the docs R(epublicans) don’t want you to see—because they show that Judge Kavanaugh wrongly believes that Native Hawaiian programs are Constitutionally questionable. I defy anyone reading this to be able to conclude that it should be deemed confidential in any way, shape, or form.”

Hirono, a member of the Senate Judiciary Committee, also grilled Kavanaugh during yesterday’s confirmation hearings on his views on Native Hawaiians.