The author of some of the emails by Democratic Senate staffers that were stolen from Congressional servers by a Republican operative and given to then-White House lawyer Brett Kavanaugh just wrote a scathing article about the Supreme Court nominee on Slate today and called for Kavanaugh not just to be rejected as the nominee, but impeached from the federal judiciary for his behavior.
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Lisa Graves, who worked for the Democrats as chief counsel for nominations for the minority on the Senate Judiciary Committee, cites the newly released emails that show that “Kavanaugh received confidential memos, letters, and talking points of Democratic staffers stolen by GOP Senate aide Manuel Miranda.”
According to Graves:
“Receiving those memos and letters alone is not an impeachable offense.”
“No, 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.”
Graves mentions two separate times that Kavanaugh lied under oath before Congress in discussing the matter. The first was in 2004 when Senator Orrin Hatch (R-UT) directly questioned him, asking whether he had received “any documents that appeared to you to have been drafted or prepared by Democratic staff members of the Senate Judiciary Committee.” Kavanaugh replied with an unmistakable “No.”
The second was in 2006 when the late Senator Ted Kennedy (D-MA) asked Kavanaugh whether he had any remorse over how he handled documents received from Miranda that he later learned were stolen. Kavanaugh rejected Kennedy’s premise, insisting that he had never seen any stolen documents,
Now that the Senate Judiciary Committeee has to acknowledge memos that were previously labeled “Committee Confidential” after being leaked by Democratic Senators on the committee, Kavanaugh’s perjury is obvious to all. Senator Patrick Leahy (D-CT) posted some of the stolen memos on Twitter showing that they are clearly marked “for use and not distribution.”
BREAKING: Kavanaugh testified he never received any docs that even “appeared to … have been drafted or prepared by Democratic staff.” Well, he got 8 pages of material taken VERBATIM from my files, obviously written by Dem staff, LABELED “not [for] distribution”. pic.twitter.com/eFlIBZ0Z1W
— Sen. Patrick Leahy (@SenatorLeahy) September 6, 2018
Graves points out that it strains credulity that a politically savvy White House lawyer would not notice that the material he is reading, including at least one email chain with the subject line “Spying,” was not stolen from the opposition party’s files.
“it is illogical to think that we would have just given Miranda this ‘confidential’ information for him to use against us. But this is precisely what Judge Kavanaugh suggested in his testimony on Wednesday. He is not that naïve,” Graves writes.
“In the hearing this week, Sen. Leahy also noted that the previously hidden emails showed that Miranda asked to meet Kavanaugh in person to give him ‘paper’ files with ‘useful info to map out [Sens. Joe] Biden and [Dianne] Feinstein, and others.’ The promised information included ‘Biden-speak.’ Again, this would not have been a normal information exchange,” she continues.
Graves suggests that the Supreme Court nominee is again lying during the current hearings by claiming that it was normal for him to be told what “Democrats planned to ask at these combative hearings over controversial nominees,” calling it the “coin of the realm.” Graves points out that “the GOP senators, their staff, the White House, and outside groups were working intensively to undermine the work of Democratic senators to block the most extreme of President Bush’s judicial nominees….Kavanaugh knew this just as intimately as I did—our sides fought over those nominations intensely.”
The strongest indictment that Graves cites in the article, however, comes from Kavanaugh’s behavior after the theft of the files was discovered and Miranda was forced to resign. Not only did he not volunteer to the Senate to give information about his receipt of the purloined documents, he also didn’t raise his voice when the Senate referred Miranda’s case to the Justice Department for prosecution.
Instead, he continues to actively deny knowing anything about the stolen documents. As Graves concludes her article:
“Even if Kavanaugh could claim that he didn’t have any hint at the time he received the emailsthat these documents were of suspect provenance—which I personally find implausible—there is no reasonable way for him to assert honestly that he had no idea what they were afterthe revelation of the theft. Any reasonable person would have realized they had been stolen, and certainly someone as smart as Kavanaugh would have too.”
“But he lied.”
“And he did so repeatedly…”
“….His actions were dishonorable and dishonest.”
“This week, as part of his efforts to be elevated to the highest court in the land, he has calmly continued to deceive, falsely claiming that it would have been perfectly normal for him to receive secret Democratic letters, talking points, and other materials. And if this absurd notion were somehow true, it would not even be consistent with what he testified to 12 and 14 years ago. Back then, he didn’t state it would have been normal for him to receive secret Democratic strategy materials.”
“Instead, he explicitly and repeatedly went out of his way to say he never had access to any such materials. These objectively false statements were offered under oath to convince the committee of something that was untrue. It was clearly intentional, with Kavanaugh going so far as to correct Sen. Kennedy when the senator described the document situation accurately.”
“That’s why—without even getting into other reasonable objections to his nomination—he should not be confirmed.”
“In fact, by his own standard, he should clearly be impeached.”
With proof of his perjury, Kavanaugh doesn’t belong in the Supreme Court or in any other federal, state, or local office. He should be disbarred.
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