Trickle of Kavanaugh’s White House Documents Emerges

Aug 09, 2018 · 50 comments
nkda2000 (Fort Worth, TX)
In 2006, Mr. Brett M. Kavanaugh clearly lied under oath in his Senate hearing. That alone make him unqualified to be a judge, let alone a Supreme Court Justice.
Bob (Portland)
I don't know why Trump couldn't find a nominee who was even LESS interested in "justice for all".
Annie (Wilmington NC)
This is a frustrating article. To me, the most important story by far is that McConnell etc. are refusing to make thousands of documents available to the Senate from his long judicial history. This is simply unprecedented. What are they trying to hide? Why do they want to keep such a huge volume of documentation secret?
Cody McCall (tacoma)
It's all personal to DJT; so, BK's first and only job will be to protect DJT. After that, DJT doesn't really care.
Charles Adler (Florence, Italy)
After shamelessly blocking a Supreme Court nomination for nothing but naked partisan advantage, shouldn’t the Senate postpone confirming a judge who will decide a criminal case against the man who has nominated him?
Steve (New York)
Gee, I wonder if the reason that all the requested documents aren't being released is because there is something incriminatory in them. And isn't curious how the Republicans in Congress are threatening impeachment of Rosenstein for withholding documents they want but don't have any problem whatsoever about the withholding documents in this situation.
Thomas J. Bazzone (St. Petersburg, Florida)
This sounds like a desperate attempt to justify blocking Judge Kavanaugh’s appointment. If this is the best his detractors have, he should breeze through confirmation once the Democrats are out of ammunition and time.
Angry (The Barricades)
I don't think someone who lied to Congress is fit for the Supreme Court (among the dozen other reasons that Kavanagh shouldn't be seated)
Robert (St Louis)
Hopeful Dems go searching through 5700 pages of documents and now place their hopes an one ambiguous email. Good luck with that.
winthropo muchacho (durham, nc)
So when Kagan came up for confirmation there was no problem with the GOP request for disclosure of all her papers she created during her time with the Obama administration. No hack Dem lawyer cherry picking what to disclose either. Why? Because the Dems knew Kagan as a brilliant lawyer of sterling character. And the reason the GOP doesn’t reciprocate with Kagan-like transparency? And the reason the GOP has installed Bannon and Priebus lawyer Burck as the gate keeper of what documents will and will not be disclosed? And the reason the Dems have been forced to make a FOIA request for all Kavanaugh docs while he was in the employ of American taxpayers? Fill in the blanks folks.
RIO (USA)
@winthropo muchacho You've forgotten that there were documents not turned over with Judge Kagan at the discretion of the Clinton's either. In this instance, the documents being requested by Democrats are actually NOT those he created himself, but anything that went through the WH staff secretary's office, which number in the millions of pages and have no origin from Kavanaugh himself. All the documents he himself produced as WH counsel are already available. This is just a naked attempt to stall out his nomination before midterms, and Sen. Grassley is right in dismissing the far reaching claims being made
MD (MA)
Maybe we need Russia if we want to see the rest of the documents.
Phyliss Dalmatian (Wichita, Kansas)
But he seems like such a nice, polite guy. Said the neighbors of every serial killer, EVER. This guy has only ONE purpose on the SC: to protect Trumps behind. Seriously.
Bill Michtom (Beautiful historic Portland)
@Phyliss Dalmatian He has several others, starting with preventing women from having control of their own bodies.
Brian Barrett (New jersey)
Our system of laws not men is replete with holes. This is being amply demonstrated by the Trump administration. We need to plug these holes by making explicit and mandatory laws covering circumstances we apparently take for granted: 1.Presidential candidates need to release tax returns and undergo rigorous and impartial medical and mental examinations. 2. Presidents and all high-level officials must fully divest of all financial assets and place them in a truly blind trust. 3.There need to be restrictions on nepotism.(Ivanka,Jared) 4. Members of Congress cannot serve on corporate boards of directors, foreign or domestic.(Representative Collins) 5.Document disclosure requirements for posts requiring confirmation votes should be explicit and impartially administered. (CIA Director, SCOTUS candidate Kavanaugh) The 5 listed above are based on just the last week's current events. There are many hundreds more I am sure that could be considered based on 18 months experience. While I am sure that any list of rules can be circumvented, it is surprising that we have allowed our system to reach such a sclerotic state without taking action. It may be too late.
RIO (USA)
This article is a decieving mischaracterizing of his 2006 testimony and how this email isn't even talking about the same thing, and is itself rather innocuous. Democrats are so incredibly desperate to find a disqualifier that they're pathetic. There's over 300 cases he participated in on the COA to evaluate Judge Kavanaugh.
Bill Michtom (Beautiful historic Portland)
@RIO What about evaluating Merrick Garland?
Annie (Wilmington NC)
Democrats desperate? The shoe fits better on the other foot. You neglect to consider that Republicans are refusing to make available thousands of documents that pertain to BK's judicial history. I am a Democrat and don't feel desperate. I am angry that the GOP is refusing to be transparent about a candidate that, if confirmed, will make make decisions on the SCOTUS that will have a huge impact on my life and those of my children for generations.
L (Connecticut)
Democrats should demand the release of Kavanaugh's papers with the same ferocity that Devin Nunes and the House Henchmen demanded evidence from Rod Rosenstein. Congress, and the American people, have every right to know as much about Brett Kavanaugh as possible if he's to be a Supreme Court justice. Republicans, what are you trying to hide?
Alexis Adler (NYC)
A lying under oath Supreme to go along with the attorney general. Are there reprocussions for lying under oath for these folks, not that Mueller would even bother to put trump under oath, what’s the point, lies are truth to him by now. Is this is ok???
RIO (USA)
@Alexis Adler neither Sessions nor Kavanaugh "lied" under oath. That's a distortion of what's in dispute here.
Steve (New York)
Doesn't seem to have affected Clarence Thomas at all.
sonya (Washington)
@RIO Of course Sessions lied; that is why he had to recuse himself from the Mueller investigation!
Joe B. (Center City)
That the “legal” justifiers of torture are not in prison is reprehensible. But from John Yoo, who this paper continues to provide a regular forum for his nonsense, to Judges Bybee and Kavanaugh, they have been rewarded for their crimes. Pathetic.
Stephanie Bradley (Charleston, SC)
Agree with you, 100%. I am appalled that Yoo is given a forum, much less still holds a position as a law professor. Instead of our being up in arms about someone's old tweets, as bad as they are, we should be engaged in a massive outcry against someone whose transparently flawed logic and legal machinations were used to justify internationally outlawed torture! Yoo is a bad apple, who unleashed malevolent actions and hurt thousands, as well as the U.S.'s international reputation and standing!
Brewster Millions (Santa Fe, N.M.)
Looks to me like Judge Kavanaugh told the truth in 2006. Sorry Durban, but twisting plain language and your wishful thinking aren't going to get you anywhere. Bret. Kavanaugh. Making. America's. Judiciary. Strong.
Elizabethnyc (NYC)
The Republicans are shameless. Kavanaugh has already gone on record that he believes the sitting President is entitled to be "above the law". How much more do we need to know? I hope the Democrats continue to take a stand for once. When I think of some of the trash appointments they have allowed to just let slide by it's criminal. At the rate we are going there will be no bi-partisan government in the foreseeable future. Very sad.
Bill Michtom (Beautiful historic Portland)
@Elizabethnyc Scalia was confirmed 98-0.
Angel (NYC)
No hearings until after January 2019.
Joe B. (Center City)
No hearings until February 2021. #StolenSeat
Chinh Dao (Houston, Texas)
The GOP senators should not let the confirmation process to be rail-roaded through simply to protect a faked republican president. It would be a historical crime against our national security and interests, as well as our jurisprudence.
Charles Becker (Sonoma State University)
"I can only imagine..." is a phrase that would be apropos in the context of The View. It is profoundly stupid coming in a statement by an elected federal official. The only defense is the, "Johnny said it first" approach, and no grown up would actually invoke that. So far, about a million soldiers have died birthing and defending this nation, and we have become unworthy of a single one of the precious lives given for the sake of future generations.
Barry Fogel (Lexington, MA)
I never fully realized before 2017 the extraordinary power the majority party in the Senate and the House has to prevent transparency, mislead the public, and obstruct justice. The Founders worried about partisanship and the tyranny of the majority for very good reasons. Worst of all, the Republican crew is packing the Federal courts with judges who support the Republican agenda, including gerrymandering, voter suppression and unaccountable financing of candidates, plus rolling back civil rights and making healthcare unaffordable for millions more people. They should never, never have this kind of unchecked power again. But it may already be too late for America.
Andrew (Australia)
Kavanaugh is damaged goods. He’s a vestige from the disastrous Bush maladministration and someone who Trump wants on the SCOTUS out of pure self-interest in light of Kavanaugh’s states views on executive power and privilege. The Dems are absolutely right to insist on a properly informed confirmation hearing based on the full documentary record.
Christian Haesemeyer (Melbourne)
Look why wouldn’t you trust someone to be an impartial judge who lied to Congress. Isn’t lying under oath while Republican protected by some amendment anyways.
Chuck Burton (Steilacoom, WA)
Another devout Catholic who believes that the Seventh Commandment forbidding the bearing of false witness just does not apply to him. Kavanaugh - and the redoubtable Chief Justice himself - were also part of the lynch mob that shut down the recount in Miami in 2000.
Mark Singleton (Houston)
@Chuck Burton It has been 18 years. It is time to move on from the Miami recount. Please take heart and enjoy the Trump economy while it lasts.
Lorraine Davis (Houston)
You mean the obama economy that trump inherited?
Joe B. (Center City)
Yeah, time to move on from the stolen election and the one that followed. Bush v Gore ain’t even precedent. How long before we need to move in from the Teapublican/Russian theft of the 2016 election?
Yunus (Manhattan)
Gotta love: 00113629 (Kavanaugh forwards "very important" article about Democratic obstruction of nominees); 00116246-00116266 ( Addington "agrees"during an exchange with Kavanaugh that the Senate should vote on nominees [although Kavanaugh doesn't write this]). I'm sure we'll hear so much about the Senate's prior abdication of that role....
Soxared, '04, '07, '13 (Boston)
Charles Grassley argued that the “secretary files aren’t needed to make a judgment” on Judge Kavanaugh’s “fitness for office.” Do you mean that there are no potential compromising emails that Kavanaugh sent while in W’s White House? Aren’t you duty-bound to look into possible flashing lights in his past—lights that may become alarm bells and whistles before a full Senate vote? And Judge Merrick Garland’s “fitness for office,” Senator Grassley? Why didn’t your Senate Subcommittee on the Judiciary—of which you were the chairman—take up his files? Sir?
silver vibes (Virginia)
If Senator Grassley thinks that Mr. Kavanaugh's files are "too voluminous" to review in a timely manner, especially before the Midterms, he didn't use that argument with Mitch McConnell when the Majority leader blocked Merrick Garland from Supreme Court consideration. Garland had no voluminous trove of files to review, yet McConnell couldn't be bothered to even give Garland a hearing.
Andrew (Australia)
Gorsuch and Kavanaugh are the two most shameful, self-serving, highly-politicized SCOTUS nominations in US history. If Kavanaugh is confirmed, both will forever have an asterisk next to their names. Gorsuch is occupying Garland's seat and Kavanaugh was nominated by Trump purely for his views on executive power and likely judgment if (when) Mueller subpoenas him.
Michael Kelly (Bellevue, Nebraska)
Since McConnell and Grassley could take a year in stalling Obama's appointment a few months to study Kavanaugh's record would not be out of line.
Whether 'tis Nobler (New England)
The documents, all of them, are highly relevant. It is good that they are being released. They should all be available. There seems to be an effort to persuade liberals to bow to the inevitable and vote yea. For example, self-decribed liberal feminist and lawyer, Lisa Blatt, has written in Politico that Kavanaugh is "unquestionably well-qualified, brilliant, has integrity and is within the mainstream of legal thought.” However, as Bess Levin writes in Vanity Fair, Brett kavanaugh accrued as much as $200,000 in credit card debt in the last several years, at times his debts exceeding his assets. The white House has spun these debts as somehow blameless and even kind of cute, since they resulted from his buying baseball tickets "for himself and friends". Levin goes on to write: "...Fortunately, we don’t have to worry about Brett’s financial situation or spending habits because, rather fortuitously, “the credit-card debts and loan were either paid off or fell below the reporting requirements..." There are two red flags here: one, the debt itself. This indicates a serious lack of judgment, as well as questionable integrity. Second, by whom were his debts paid off, 'fortuitously,' just before the Trump administration began choosing the next Justice of the Supreme Court? And is he thereby beholden to someone or compromised by that pay off? There are egregious problems with this nomination, for Liberals and Conservatives, irrespective of the million or so contested documents.
silver vibes (Virginia)
@Whether 'tis Nobler -- Kavanaugh's credit card debt was paid off by one of Manafort' shell companies that he and Gates went through great pains to hide. Don't be surprised if that comes out in Manafort's trial.
Warren Shingle (Sacramento)
I am hoping that one of the indirect benefits of the Trump administration will be a renewed demand that the voting public be given "full and open" access to government documents. At the risk of sounding sophomoric, we paid for the time and energy that it took to generate them--they are ours they do not belong to the endlessly manipulatively Mitch McConnell. This government belongs to us. What the Republican Party is doing in multiple areas is simply and plainly wrong. In more ways than I can count I will be glad to see the end of Senator McConnell's career. Yes my distaste for him is even larger than the distaste for the current occupant of the Whitehouse.
Mark Singleton (Houston)
@Whether 'tis Nobler the credit card debt makes him relatable at least to me.
Janet Michael (Silver Spring Maryland)
Are we supposed to feel sympathy for the Republicans because they have to wait several months to get the paperwork on Kavanaugh? It took them eight months not to consider the nomination by Obama of Merrick Garland.If they were in such a hurry to fill the seat they should have chosen a candidate with a short paper trail.His work as a lawyer for Bush in 2001-2003 could be very instructive.They chose Kavanaugh for their own purpose but he will be on the Court for a lifetime and a careful examination of his work is warranted.Most of the Senate Judiciary are lawyers and are capable of reviewing his opinions.A nomination by the Federalist Society is not enough to confirm a judge.The Democrats are right to ask for much more.
SR (Bronx, NY)
"A nomination by the Federalist Society is not enough to confirm a judge." If anything, that ought to disqualify one, like a better-than-F rating from the National teRrorist Association.