Newly released emails show that while he was working to move through President George W. Bush’s judicial nominees in the early 2000s, Kavanaugh received confidential memos, letters, and talking points of Democratic staffers stolen by GOP Senate aide Manuel Miranda. That includes research and talking points Miranda stole from the Senate server…
Graves notes, “receiving those memos and letters alone is not an impeachable offense.”
“No,” she argues, “Kavanaugh should be removed because he was repeatedly asked under oath as part of his 2004 and 2006 confirmation hearings for his position on the U.S. Court of Appeals for the D.C. Circuit about whether he had received such information from Miranda, and each time he falsely denied it.”
“[H]e lied. Under oath,” Graves asserts. “And he did so repeatedly.”
At least some Senate Democrats agree, publicly accusing Kavanaugh of perjury.
That’s kind of a problem for a judge of any kind, not to mention a Supreme Court justice.
Wheeler writes: “[O]n one issue—Kavanaugh’s use of emails stolen from Democrats—we don’t need to determine whether he lied or not, because he irrefutably did something that should make him unacceptable to be confirmed.” She adds:
Sex. Abortion. Parenthood. Power.
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Even those that argue Kavanaugh didn’t lie and those that argue that, because Manny Miranda wasn’t prosecuted (during a GOP Administration and benefitting from speech and debate protection) or because it wasn’t a technical hack but rather a permissions violation, these emails weren’t “stolen,” do agree that using them was wrong. Here’s David Lat, for example, who wrote most of a book’s worth of Twitter threads defending Kavanaugh this week, admitting that using the emails was “unethical and wrong.”
🚨Now the Senate MUST investigate perjury charges. When Congress impeached Bill Clinton, Arkansas suspended his law license for 5 years & the Supreme Court bar suspended him for 40 days. https://t.co/6DHj1MxImY What will they do with Bret Kavanaugh? #doublestandard? https://t.co/F5XAc7HgHm
— (((sfpelosi))) (@sfpelosi) September 9, 2018
The Senate Judiciary committee record on Kavanaugh remains “open” until noon today, until which time Senate Democrats can insert a request for a referral for investigation on whether Kavanaugh lied under oath. “Leahy seemed extremely uncomfortable making a lifetime judicial appointment if there was clearly a prima facia case for lying under oath,” Pelosi said by phone. “Senators need to go deeper” by making a referral to the full committee.
In a Twitter thread, Pelosi called on Senators to act expeditiously:
IF declarations allege that Kavanaigh lied under oath, Senators have an obligation to determine whether he perjured himself before they vote on his confirmation. Would Republicans investigate a Democrat? In a heartbeat! And Democrats would agree.
— (((sfpelosi))) (@sfpelosi) September 8, 2018
The Twitter thread continued:
So @SenateDems should put the charges in the Judiciary Committee Record, even if the result is “voted out of committee with a request for perjury in the minority report” and ask every Senator “did Kavanaugh lie and should you investigate that before voting on confirmation?”
We #HamiltonElectors did this at the Electoral College. Made a demand for a Russia intel briefing. Passed a resolution at our #CA Electoral College session. Put a marker down. And now Mueller is doing the work. Each of us should use the power we have to follow the Constitution.
And I repeat – if a Democratic President nominate a Supreme Court Justice who was documented to have LIED in a confirmation hearing, the PERJURY referral would have already been made. With bipartisanship. As it should be. If he lied, investigate. Or don’t call him a liar. Full 🛑
“Senators need to do what they can with what they have,” Pelosi told me by phone. And they should publicly make the Republicans respond by asking all 100 members of the U.S. Senate: Are you comfortable with a prima facia case of perjury without investigation?”
Jeff Hauser, executive director of the Revolving Door Project, thinks it is critical for Senate Minority Leader Chuck Schumer to support an aggressive strategy to investigate Kavanaugh for perjury. In an email, he told me: “Kavanaugh answered questions for half the number of days as Sonia Sotomayor did in 2009, and did so while most relevant documents have been hidden from the Senate.” He continued, “This sham hearing underscores why Schumer was wrong to act like everything was normal while hastening confirmation for a flock of Trump nominations in August. Schumer has only imperfect tools available, but limited tools are far more than none. Schumer must never again pretend everything is normal and instead offer sustained maximum resistance to this lawless Trump-McConnell freight train.”