Warm Southern Breeze

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Judge Brett Kavanaugh: Liar On The Federal Bench

Posted by Warm Southern Breeze on Sunday, July 8, 2018

Judge Brett M. Kavanaugh (b.1965), United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

Brett Kavanaugh, who has been said to be under consideration as a SCOTUS nominee to replace retiring Justice Anthony M. Kennedy, for whom he also clerked during the October Term 1993, presently has lifetime tenure as a Federal Circuit Court Judge on the U.S. Court of Appeals for the D.C. Circuit. In May 2006 when he last appeared before the Senate Judiciary Committee as a nominee for that position, he was asked by Senators Patrick Leahy (D) of Vermont, Chairman of the Judiciary Committee, and Richard Durbin (D) of Illinois, a committee member, if he should recuse himself from cases involving questions of detainees because of his involvement in, and proximity to Bush administration decisions regarding enemy combatants who were American citizens.

Senator Durbin asked then-nominee, now-Judge Kavanaugh, who had been a White House lawyer during the George W. Bush administration, about his role in screening a Bush nominee for a Fourth Circuit appeals court seat – William J. Haynes II, General Counsel for the Pentagon – who was involved in creating many of then-POTUS George W. Bush administration’s interrogation policies for detainees at Guantánamo Bay, Cuba, and elsewhere.

Senator Durbin asked Mr. Kavanaugh: “What did you know about Mr. Haynes’s role in crafting the administration’s detention and interrogation policies?”

Mr. Kavanaugh replied: “Senator, I was not involved, and am not involved, in the questions about the rules governing detention of combatants, and so I do not have any involvement in that.”

Shortly after Mr. Kavanaugh’s confirmation, National Public Radio was the first to broadcast the news that in May 2002, he and a group of top White House lawyers discussed whether the Supreme Court would uphold the Bush administration’s decision to deny lawyers to American enemy combatants – contrary to his sworn testimony under oath.

Swearing-in Ceremony for Brett Kavanaugh to the U.S. Court of Appeals for the District of Columbia, at White House Oval Office, Rose Garden. From LEFT to RIGHT: then-POTUS George W. Bush, Brett Kavanaugh, spouse Ashley Estes (nee) Kavanaugh, Supreme Court Justice Anthony M. Kennedy administering oath of office.

Mr. Kavanaugh, who had also worked as a clerk for Justice Anthony Kennedy during the October Term 1993, advised the group that as the Supreme Court’s swing voter, Justice Kennedy would probably reject the president’s assertion that the men were not entitled to counsel.

That meeting was first reported in The Washington Post, while NPR also independently confirmed the details with numerous sources.

After Mr. Kavanaugh was confirmed to his present judgeship, Sen. Durbin wrote and asked him to recuse himself from detainee-related cases in part, as follows: “In light of the Washington Post and National Public Radio reports, your sworn testimony appears inaccurate and misleading. By testifying under oath that you were not involved in this issue, it appears that you misled me, the Senate Judiciary Committee, and the nation.”

Senator Durbin’s full letter may be read here: https://www.npr.org/templates/story/story.php?storyId=11433231

If Judge Brett Kavanaugh were to become the SCOTUS nominee to replace retiring Justice Anthony M. Kennedy, he would again appear before the Senate Judiciary Committee for a confirmation hearing, and would undoubtedly be asked about his earlier testimony which, by all accounts, appears to have been falsified.


Ed. Note: While it remains unedited, the reader should note that the lead paragraph was originally written to reflect Judge Brett Kavanaugh’s status as a potential nominee, while he is now an official nominee. 10July 2018

One Response to “Judge Brett Kavanaugh: Liar On The Federal Bench”

  1. […] « Judge Brett Kavanaugh: Liar On The Federal Bench […]


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