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elleng

(131,098 posts)
Fri Sep 7, 2018, 09:52 PM Sep 2018

Brett Kavanaugh Can't Be Trusted A perfect nominee for a president with no clear relation

NYT Opinion

A perfect nominee for a president with no clear relation to the truth.

By The Editorial Board
The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

'In a more virtuous world, Judge Brett Kavanaugh would be deeply embarrassed by the manner in which he has arrived at the doorstep of a lifetime appointment to the Supreme Court.

He was nominated by a president who undermines daily the nation’s democratic order and mocks the constitutional values that Judge Kavanaugh purports to hold dear.

Now he’s being rammed through his confirmation process with an unprecedented degree of secrecy and partisan maneuvering by Republican senators who, despite their overflowing praise for his legal acumen and sterling credentials, appear terrified for the American people to find out much of anything about him beyond his penchant for coaching girls’ basketball.

Perhaps most concerning, Judge Kavanaugh seems to have trouble remembering certain important facts about his years of service to Republican administrations. More than once this week, he testified in a way that appeared to directly contradict evidence in the record.

For example, he testified that Roe v. Wade is “settled as a precedent of the Supreme Court.” But he said essentially the opposite in a 2003 email leaked to The Times. “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so,” he wrote then.

Judge Kavanaugh’s backers in the Senate brushed this off by pointing out that his 2003 statement was factually correct. They’re right, which means that his testimony this week was both disingenuous and meaningless.

As we’ve learned with each new trickle of previously withheld documents, Judge Kavanaugh didn’t start misleading senators just this week.

At his 2004 confirmation hearing before the Judiciary Committee, he denied any involvement in the vetting of a controversial judicial nominee while serving as one of President George W. Bush’s White House lawyers. The nominee, William Pryor Jr., had among other things called Roe v. Wade “the worst abomination of constitutional law in our history.” In fact, Mr. Kavanaugh was more than a little involved, as emails from that period — which Senate Republicans had withheld until early Thursday morning — made clear.

In that 2004 hearing and again in 2006, when he was being considered for a seat on the federal appeals court in Washington, D.C., Mr. Kavanaugh told Congress, under oath, that he knew nothing about the extensive theft of secret strategy documents from Democratic senators’ computers by Republican staffers. As it turns out, he did in fact receive those documents or summaries of them. But he now claims that he had no reason to believe that they had been stolen, even though one email he got had the subject line “spying” and began, “I have a friend who is a mole for us on the left.”'>>>

https://www.nytimes.com/2018/09/07/opinion/editorials/brett-kavanaugh-confirmation-hearings.html?

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