Ranking Member Dianne Feinstein Senator Patrick Leahy Senator Dick Durbin Senator Sheldon Whitehouse Senator Amy Klobuchar Senator Christopher Coons Senator Richard Blumenthal Senator Mazie Hirono Senator Cory Booker Senator Kamala Harris Committee on the Judiciary United States Senate Washington, D.C. 20510
Republicans have sought to hide Supreme Court nominee Brett Kavanaugh’s White House records at every turn, and now we know why. With your bombshell release of previously “committee confidential” emails, it’s now clear that Kavanaugh made a series of false statements, under oath, during hearings for his current position on the Court of Appeals for the D.C. Circuit, likely committing multiple acts of perjury.
Because of Kavanaugh’s multiple instances of perjury, we urge you to immediately refer this matter to the Department of Justice for criminal investigation and potential criminal charges. We count no fewer than five instances that appear to rise to the level of perjury:
● Kavanaugh lied under oath to Sen. Kennedy in 2004 about his work on the Pryor nomination: During Kavanaugh’s 2004 confirmation hearing, Sen. Ted Kennedy asked him about his work in the Bush White House on the judicial nomination of anti-abortion, anti-LGBTQ judge William Pryor. Kavanaugh responded, “I am familiar generally with Mr. Pryor, but that was not one that I worked on personally,” Yet newly released emails show that statement to be unambiguously false — Kavanaugh was involved in selecting Pryor, interviewing him, and working to confirm him.
● Kavanaugh lied under oath to Sen. Leahy in 2006 about his work on warrantless wiretapping: During his 2006 confirmation hearing, Kavanaugh told Sen. Leahy that he was not involved in the President Bush’s “warrantless wiretapping program” and did not know of its existence until the program was publicly reported by the New York Times in 2005. Yet the Times reported yesterday, in a now-public 2001 email Kavanaugh wrote to John Yoo, who was then a Justice Department lawyer, that Kavanaugh asked about the Fourth Amendment implications of “random/constant surveillance of phone and email conversations of non-citizens who are in the United States when the purpose of the surveillance is to prevent terrorist/criminal violence.”
● Kavanaugh lied under oath to Sen. Durbin in 2006 about his involvement in policies regarding the detention of combatants: During his 2006 confirmation hearing, Kavanaugh told Sen. Durbin, “I was not involved and am not involved in the questions about the rules governing detention of combatants.” There are now at least three recorded examples of Kavanaugh participating in discussions of Bush administration detainee policy.
● Kavanaugh lied under oath to multiple Senators in multiple hearings about receiving and using emails and memos stolen from Democratic senators: During his 2004 and 2006 confirmation hearings, Kavanaugh answered more than 100 questions about Democratic emails and communications stolen by Republican Judiciary Committee staffer Manuel Miranda. For example, Sen. Hatch asked, “Did Mr. Miranda ever share, reference, or provide you with information that you believed or were led to believe was obtained or derived from Democratic files?” Kavanaugh answered, “No.” Newly released emails show Kavanaugh did receive such information and should have known that it was improperly obtained.
● Kavanaugh may have lied under oath about his involvement in the nomination of controversial nominee Charles Pickering: During his 2006 confirmation hearing, Kavanaugh downplayed his role in the nomination of Charles Pickering, but newly released emails deeply undercut those assertions.
Kavanaugh’s nomination must not proceed without the public release of all of his White House records related to these instances. His false testimony casts considerable doubt on his integrity and his suitability for the bench. These revelations deserve a serious response. We urge you to refer the matter to the Department of Justice and insist on a full, transparent response.
Demand Justice MoveOn NARAL Pro-Choice America
Cc: Democratic Leader Charles Schumer