Supreme Court nominee Brett Kavanaugh has made declarations under oath during his current and past confirmation hearings that are contradicted by documents from his time as a counsel to the president and staff secretary in the George W. Bush White House. Newly released documents have undermined Kavanaugh’s declarations to the Senate Judiciary Committee, contradictions that are drawing close scrutiny from many Democrats. Kavanaugh has denied making any misleading or false statements.
Much of Washington has spent the week focusing on whether Judge Brett Kavanaugh should be confirmed to the Supreme Court. After the revelations of his confirmation hearings, the better question is whether he should be impeached from the federal judiciary.
I do not raise that question lightly, but I am certain it must be raised.
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 after I had written them for the Senate Judiciary Committee as the chief counsel for nominations for the minority.
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.
My one disagreement is that impeachment is not the appropriate remedy here: I’m not sure there would be a Senate supermajority to convict Kavanaugh if it could be proven that he shot a man in Reno just to watch him die, and certainly for any lesser offense there’s a 0% chance. What valuable about bringing this out is that it makes Republicans more politically toxic, which since the only remedy is at the ballot box is critically important.
He’ll be confirmed and be a reliable conservative vote.
But the other options McConnell liked better would have too.
Republicans just keep choosing to pay a Trump Tax on their own popularity because they refuse to hold Trump to a high standard of conduct.
— Matthew Yglesias (@mattyglesias) September 6, 2018