Brett Kavanaugh

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Brett Michael Kavanaugh (born 1965), also known as Bart O'Kavanaugh,[1] is an American lawyer who served as an appellate judge for the D.C. circuit for twelve years[2][3] before becoming an Associate Justice of the Supreme Court on October 6, 2018.[4] He was appointed by President Donald Trump on July 9, 2018, to fill the vacancy left by the retirement of Anthony Kennedy, for whom he previously clerked.[2][note 1] His confirmation hearing was delayed due to multiple accusations of sexual misconduct. Trump ordered an FBI investigation,[5] but then made sure nothing happened by considerably limiting the scope and time of the investigation.[6] He was "finally" sworn in[7] after the second shortest confirmation process in recent history.[note 2] His confirmation is arguably detrimental to the legitimacy of not just the Supreme Court,[8][9] because he revealed himself to be a partisan with his heated attacks against Democrats during the confirmation hearing,[9] but also the Republicans in the 2018 midterm elections.[6]

In 2006, the American Bar Association downgraded its 2003 rating for Kavanaugh from "well qualified" to be a federal judge to merely "qualified."[10] Interestingly, in 2016, when Donald McGahn II, then top lawyer for the Trump campaign and now White House counsel, compiled a list of Supreme Court nominees to fill the vacancy left by the death of Antonin Scalia, Brett Kavanaugh was omitted.[10][note 3] McGahn is considered a key witness in the Trump-Russia investigation.[11]

Judicial views

Broadly speaking, his judicial views are similar to those of the late Antonin Scalia, though he does not insist on interpreting the words of the Constitution as they were understood at the time they were written.[12] Despite being the successor of Anthony Kennedy, Kavanaugh differs on the topics of presidential powers, affirmative action and criminal justice.[9] Before becoming an Associate Justice, Kavanaugh saw the positions advanced in his opinions adopted by the Supreme Court thirteen times and reversed only once.[10]

Presidents, civil lawsuits, presidential powers, and separation of powers

Although Brett Kavanaugh was part of the Kenneth Starr team investigating Bill Clinton and was very tough on him, Kavanaugh later changed his mind on the question of civil lawsuits against Presidents.[13] He argued in a 2009 article for the Minnesota Law Review that a sitting President should be exempt from "time-consuming and distracting" lawsuits and investigations so that he or she can focus on serving the public interest, "especially in times of financial or national security crisis." Such processes could proceed after the President has left office. If the President was being truly obnoxious or malevolent, he or she could always be impeached by Congress.[2] Writing in the Starr Report, Kavanaugh argued that a President may also be impeached for lying to his or her staff or misleading the public.[10]

He believes in what is known as the unitary executive theory, which states that the President bears full responsibility for the execution of federal laws and holds full authority over all federal agencies and their officers.[3] He views the presidency as the stabilizing institution, not Congress.[13] This position makes him of great interest to Donald Trump, who is being investigated by Special Counsel Robert S. Mueller III for his possible illicit ties with Russia; the case could end up on the Supreme Court.[2] But his aforementioned position that making false statements is an impeachable offense could prove damaging to Trump's case. Surprisingly, during his nomination hearing, Kavanaugh denied discussing the Mueller probe with the White House[14] and said he had not yet taken a position on the constitutionality of investigating a siting president.[15]

Kavanaugh strongly supports presidential power and opposes government bureaucracy, favoring the transfer of power to the President at the expense of administrative bodies.[2] However, he tends to approach the issue on a case-by-case basis. Still, this can be gleaned from his opinions and rulings: he believes that unless Congress has expressed its views on a particular topic or delegated a question to a particular agency, said agency has no authority to make a decision, and any regulation challenged under the relevant statute is presumed to be invalid. Kavanaugh refers to this as his "major rules doctrine."[12]

In 2016, Kavanaugh wrote for a panel ruing that the structure of Consumer Financial Protection Bureau (CFPB), a brainchild of Elizabeth Warren created under the Dodd-Frank Act, was unconstitutional, but did not order its shut down, contrary to the wishes of the plaintiffs and critics, who argued that the CFPB represented regulatory overreach and gave too much power to an individual, namely its director. The court's remedy was to give the President the power to remove the director of the Bureau. Originally, Dodd-Frank gave the Bureau's director a high degree of independence, and stipulated that he or she could only be fired for "inefficiency, neglect of duty or malfeasance."[16]

Health insurance, abortions and contraception

Kavanaugh dissented when the D.C. Circuit Court upheld the Affordable Care Act (ACA), also known as Obamacare, as constitutional, arguing that the court lacked jurisdiction to hear the case. In his dissent, he further argued that the penalty that comes with failure to comply with the "minimum essential coverage provision," more commonly known as the "individual mandate," which requires people to obtain and maintain health insurance unless they qualify for a waiver or are exempt, was basically a tax. However, the majority disagreed with this "linguistic analysis." The case was appealed, but the appellate court affirmed the previous decision. When the ACA found itself at the Supreme Court, comparing the individual mandate penalty to a tax became a central argument. As of 2018, both the ACA and the mandate remained in place. Observe that Kavanaugh never questioned the constitutionality of the ACA.[17]

Kavanaugh objected when a court on which he served permitted a teenaged immigrant in federal custody to have an abortion, arguing that the court had allowed undocumented minors to access "immediate abortion on demand,"[2] and that the government did not impose an undue burden on the girl by making her wait for a sponsor first.[3]

In a case concerning whether or not religious non-profits may exempt themselves from an Obamacare requirement that they provide birth-control benefits to their employees, unlike the dissenters who argued that the government had no compelling interest in facilitating access to contraception, Kavanaugh conceded that such an interest exists, but can be achieved in other ways,[note 4][12] though he did not specify which ways.

Gun ownership

Kavanaugh issued many challenges to gun control laws as circuit judge for the District of Columbia. He said he would have nullified the city’s ban on semiautomatic weapons and requirement that all guns be registered.[2][12] Gun control activists are worried about his views on this issue.[18]

Environmental protection

Kavanaugh sometimes attempted to rein in on Obama-era EPA regulations. In 2012, he opposed the EPA adapting the language of the Clean Air Act of 1970 to regulate greenhouse-gas emissions. He justified his position by writing that the Agency "exceeded its statutory authority," setting a precedent for other agencies to "adopt absurd or otherwise unreasonable interpretations of statutory provisions and then edit other statutory provisions to mitigate the unreasonableness," warning that "undue deference or abdication to an agency carries its own systemic costs."[12] In the same year, he rejected an attempt by the EPA to curb air pollution that crosses state lines.[12] In 2014, he dissented in a ruling that upheld the EPA's practice of not considering costs when regulating power plans, arguing that "as a matter of common sense, common parlance, and common practice, determining whether it is ‘appropriate’ to regulate requires consideration of costs."[12]

However, Kavanaugh has not always ruled against the EPA. For example, in 2010, he wrote an opinion upholding the EPA’s review of California’s limits on emissions from in-use non-road engines, and in 2014, he upheld an EPA program intended to address the impact of strip coal mining.[12] Still, environmentalists are worried about his views on this topic.[18] Kavanaugh appears to have never dissented from a ruling not in favor of an environmental interest.[3]

The First Amendment

In a 2010 case in which atheist plaintiffs objected to religious components of presidential inauguration ceremonies as violations of the Establishment Clause,[note 5] Kavanaugh concurred with a panel ruling that they lacked the standing to sue. Furthermore, he rejected their claims on the grounds that "those longstanding practices do not violate the Establishment Clause as it has been interpreted by the Supreme Court."[12] However, it should be noted that appeal to tradition is a logical fallacy.

In 2011, Kavanaugh concurred with a ruling against an activist who chalked an anti-abortion message on the street outside the White House, noting that "[n]o one has a First Amendment right to deface government property."[12]

In 2017, Kavanaugh dissented from a denial of rehearing en banc of a case in which the challenge to the Obama administration's "net neutrality" rules by telecommunications and internet service providers was rejected. This is an example of Kavanaugh applying his "major rules doctrine," described above.[12] He wrote that net neutrality "impermissibly infringes on the Internet service providers’ editorial discretion."[10]

Labor

In most cases, Kavanaugh narrowly interprets U.S. labor laws and generally favors employers over employees. His views on union issues are similar to those held by the Supreme Court’s conservative justices: Chief Justice John Roberts Jr. and Associate Justices Clarence Thomas, Samuel Alito Jr., and Neil Gorsuch.[3]

Prolific partisan

Kavanaugh also had a hand in other partisan battles, including the Elián GonzálezWikipedia's W.svg custody battle, the Terri Schiavo debacle, and the 2000 Florida election recount.[19]

Given that D.C. Circuit judges often review high-profile politically polarizing cases, his involvement in such political fights is no surprise. Furthermore, Chief Justice John G. Roberts Jr., and Associate Justices Ruth Bader Ginsburg, Clarence Thomas and the late Antonin Scalia all served there before being nominated for the Supreme Court. However, Democrats argued he was too partisan and delayed his nomination to the bench for three years.[2][12]

Hating the Clintons

See the main articles on this topic: Bill Clinton and Hillary Clinton

Kavanaugh's obsessive public hatred of the Clintons began with his wasting of federal tax money investigating the Vince Foster conspiracy theory in 1997 while working as an Associate Counsel under Ken Starr.Wikipedia's W.svg[20][21][22] Kavanaugh was also a principal author of the sexually explicit 1998 Starr ReportWikipedia's W.svg to Congress, which led to the impeachment of Bill Clinton,[23] the explicitness of which, was likely due to Kavanaugh.[24] Kavanaugh could not even keep his hatred of the Clintons contained during his Senate confirmation testimony.[25]

Accusations of sexual misconduct

Dr. Ford swearing in before the Senate Judiciary Committee.

Christine Blasey Ford

In early July 2018, when it became clear that Kavanaugh was on the shortlist of possible nominees to replace retiring justice Anthony Kennedy, but before Trump announced his name publicly, Christine Blasey Ford, a professor of psychology at Palo Alto University and a research psychologist at the Stanford University School of Medicine,[26] contacted the Washington Post with allegations that Kavanaugh had sexually assaulted her in the early 1980s when they were in high school.[27] According to Ford, one summer in the early 1980s, Kavanaugh and a friend corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County, Maryland. Then, while his friend watched, Kavanaugh pinned her to a bed on her back and groped her over her clothes, attempting remove her clothing. Ford said she was able to escape when Kavanaugh's friend, Mark Judge, jumped on top of them, sending all three tumbling.[27]

In August 7, Ford also took a polygraph test, which concluded she was being truthful when she said a statement summarizing her allegations was accurate.[28][29] The test consisted of only two questions, after an interview of Ford regarding her accusations of sexual assault: "Is any part of your statement false?" and "Did you make up any part of your statement?" Ford answered "No" to both question.[29] It is worth pointing out that, according to the American Psychological Association,[30] there is little evidence that polygraph tests can accurately detect lies (see the Polygraph page, for more details). It is thus disappointing that a professional psychologist such as Ford decided to take that test.

Aside from Kavanaugh himself, Ford has named three other people she says were at the party during the alleged incident: Mark Judge, a close high school friend of Kavanaugh's, being in the room during the alleged assault; Patrick James Smyth, a Kavanaugh's classmates in the Georgetown Prep class of 1983, as one of the people present at the alleged gathering; Leland Ingham Keyser, a lifelong friend of Ford, who was downstairs at the party during the alleged incident. All three have denied any recollection of being at such a party or knowing of an any alleged assault by Kavanaugh.[31]

On September 30, The Washington Post published a five-page memo written by Rachel Mitchell, the outside prosecutor Senate Republicans hired to lead the questioning in Ford's hearing about the sexual assault allegations. In the memo Mitchell outlines more than half a dozen reasons she thinks that Ford's testimony has some key inconsistencies, and she says that she does not think that a reasonable prosecutor would bring this case based on the evidence before the Senate Judiciary Committee, nor does she believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.[32][33] Some of the points mentioned by Mitchell are the following:[33]

  • Ford has not offered a consistent account of when the alleged assault happened. First, she said "mid 1980s", then "early 80s", then "summer of 1982". In particular, Ford failed to explain how she was suddenly able to narrow the timeframe to a particular season and particular year.
  • Ford does not remember in what house the assault allegedly took place or where that house was located with any specificity.
  • Ford does not remember how she got to the party and how she got from the party back to her house.

On October 2, in a letter to Fox News, a man whose name was redacted asserts to have been in a relationship with Ford from approximately 1992 to 1998 and contradicts some of her claims. In particular, he says Monica McLean was applying for positions at the FBI and the U.S. Attorney's Office and he "witnessed Dr. Ford help McLean prepare for a potential polygraph exam. Dr. Ford explained in detail what to expect, how polygraphs worked and helped McLean become familiar and less nervous about the exam,"[34] contrary to Ford's testimony that she never discussed with anyone, besides her attorneys, how to take a polygraph.[35] The man has later been identified by CNN as Brian Merrick.[36] McLean disputes his assertions in a written statement released by Ford's lawyers.[37] The information has not been verified, as if coming from the cesspit of Fox News wasn't already a red flag.

In an announcement on October 4, the White House found no corroboration of the allegations of sexual misconduct against Brett Kavanaugh after examining interview reports from the FBI’s latest probe into the judge’s background, according to people familiar with the matter.[38] The FBI interviewed nine people, precisely: Deborah Ramirez, Mark Judge, Chris Garrett, P.J. Smyth, Leland Keyser, Timothy Gaudette, and three other people who have not been named publicly.[39] Ford's attorneys Debra Katz, Lisa Banks, and Michael Bromwich, wrote a letter to the FBI pointing out that also the following people should have been interviewed in order to attest Ford's character and credibility: Jeremiah Hanafin (the examiner of Ford polygraph test), Russell Ford (Ford's husband), Keith Koegler (a close friend), Adela Gildo-Mazzon (a long-time friend), Rebecca Olson (a six-year friend of Ford), Kirsten Leimroth (a family friend) and Jim Gensheimer (who had a lunch meeting with Ford and Leimroth in early July 2018), and Monica L. McLean (a many-years friend of Ford).[40] None of these people were present at the party of the alleged sexual assault, or know of Ford's accusations before 2012.[40]

In the fallout of the FBI investigation, several have criticized the White House for deliberately hampering the FBI investigation in question purely for the sake of rigging the Supreme Court into Republican control and while blaming Democrats for apparent obstruction of justice. Josh Campbell,[41] a CNN law enforcement analyst and former Supervisory Special Agent with the FBI, called the investigation a "charade" in the midst of a politically charged climate, while the White House has deliberately tied its arms back all while when it has tried using the FBI to obstruct Robert Mueller's investigation. Similarly, William E. Scheuerman, a Kavanaugh's Yale classmate, called the investigation a "joke", saying that, likely under pressure from President Donald Trump and the Senate GOP leadership, the FBI ignored the information his classmates and him tried to provide.[42]

Arizona Senator Jeff Flake had demanded an FBI investigation that would do more than just give cover to Senators,[43] but it was ultimately no more than that because Trump took the unprecedented move of hamstringing the FBI by limiting its time and scope; Flake and Senator Susan Collins took cover under the report and voted to confirm Kavanaugh.[44]

Deborah Ramirez

On September 23, 2018 the New Yorker published an accusation from Deborah Ramirez, a classmate of Kavanaugh at Yale University. She said Kavanaugh had exposed himself at a drunken dormitory party during the 1983–1984 academic year, and he had thrust his penis in her face.[45] The New York Times interviewed several dozen people in an attempt to corroborate her story, but could find no one with firsthand knowledge. Ramirez herself contacted former Yale classmates asking if they recalled the incident and told some of them that she could not be certain Kavanaugh was the one who exposed himself.[46]

Julie Swetnick

On September 26, 2018, Julie Swetnick, a former government employee, declared in a sworn statement that she went to high school parties involving Mark Judge and Kavanaugh and that it was common at such parties for boys to prey on girls, sometimes by spiking or drugging the drinks so that the girls could not resist.[47]

Jane Doe

On September 26, 2018, an anonymous letter received by Senator Kamala HarrisWikipedia's W.svg and signed Jane DoeWikipedia's W.svg was publicly released with Kavanaugh's testimony on the Committee's website.[48] The anonymous woman alleged that Kavanaugh and a friend had raped her "several times each" in a car.[49] Senate Judiciary Committee investigators identified the author as Judy Munro-Leighton, a woman decades older than Judge Kavanaugh, and concluded she had fabricated her accusation.[48] Senator Chuck Grassley asked for federal authorities to investigate her on allegations of making false statements and obstruction.[50]

Possible perjury

Brett, meeting with his study group at Yale.
See the main article on this topic: Perjury
"Do you know Bart O'Kavanaugh?"

"Yeah. He's around here somewhere."
"I heard he puked in someone's car the other night."

"Yeah. He passed out on his way back from a party."
—Mark Judge's thinly-veiled memoir[51]:52
…warn the neighbors that we’re loud, obnoxious drunks with prolific pukers among us. Advise them to go about 30 miles…
—"Bart" (Brett Kavanaugh) in a 1983 letter to his buddies[52]

Even though Kavanaugh made a number of statements that could be interpreted as false statements or perjury during his Senate confirmation testimony,[53] Republicans seemed unconcerned that these alleged crimes could be used to later impeach Kavanaugh after his confirmation if Democrats retake control of Congress.[54] Kavanaugh appears thinly-veiled as both Bart O'Kavanaugh and Bart Kavanaugh in his schoolmate Mark Judge's memoir, which would seem to put the lie to Kavanaugh portraying himself as a choirboy in school.[55]

This is a list of alleged false and misleading statements made by Kavanaugh under oath:[56][57]

  • "I never attended a gathering like the one Dr. Ford describes."
  • "All four witnesses who are alleged to be at the event said it didn't happen."
  • "She and I did not travel in the same social circles."
  • That he never binge drank and never drank to the point of blacking out. However, Kavanaugh also said, "I liked beer. Still like beer."[35]
  • That it was illegal for him to drink during high school
  • His explanations of various phrases next to his high school yearbook photo ("Renate Alumnius", "Devil's Triangle", "Boofing", "Beach Week Ralph Club, Biggest Contributor")
  • Regarding his receipt of secret information on Democrats during his tenure in the Bush administration
  • Regarding his personal involvement in the promotion of two controversial appeals court nominees while in the Bush administration, judges William H. Pryor Jr.Wikipedia's W.svg and Charles W. Pickering Sr.Wikipedia's W.svg

In addition, according to VoxWikipedia's W.svg, Kavanaugh dodged many questions of the hearing, while Ford did not.[58]

Notes

  1. Kennedy appears pleased with the choice. Coincidentally, Neil Gorsuch, Trump's first Supreme Court nominee, also clerked for Kennedy.
  2. You only need to take a look at KaganWikipedia's W.svg and Sotomayor'sWikipedia's W.svg delays to see a true example of the staunch liberal media in action
  3. As a matter of fact, no one on that list came from the Beltway, in accordance with Trump's desire to "drain the swamp."
  4. This particular case ended up on the Supreme Court in 2016, which ruled that the parties should work to compromise.
  5. This clause forbids the establishment of a state religion by Congress.

References

  1. Who Is Bart O'Kavanaugh? Mark Judge's Book Describes Drunken Friend Touchberry, Ramsay. Newsweek. 09.27.18
  2. 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Supreme Court nominee has argued presidents should not be distracted by investigations and lawsuits. The Washington Post. July 9, 2018.
  3. 3.0 3.1 3.2 3.3 3.4 Why should you watch Brett Kavanaugh’s confirmation hearings? Here’s where he stands on key issues. PBS NewsHour. September 3, 2018.
  4. Brett Kavanaugh confirmed to US supreme court after Senate votes in favour. The Guardian. October 6, 2018.
  5. Brett Kavanaugh: Trump's Supreme Court pick faces FBI inquiry. BBC News. September 29, 2018.
  6. 6.0 6.1 Dem senator: Kavanaugh confirmation 'underscores' health care, Mueller investigation as key midterm issues. The Hill. October 7, 2018.
  7. Brett Kavanaugh confirmation: Victory for Trump in Supreme Court battle. BBC. October 7, 2018.
  8. Bernie Sanders Predicts Supreme Court is Headed for a Crisis. The New York Times. October 3, 2018.
  9. 9.0 9.1 9.2 What Kavanaugh’s confirmation means for the future of the Supreme Court. PBS Newshour. October 6, 2018.
  10. 10.0 10.1 10.2 10.3 10.4 Influential Judge, Loyal Friend, Conservative Warrior — and D.C. Insider. The New York Times. July 14, 2018.
  11. One of the Most Important Witnesses in Mueller's Obstruction Probe Voluntarily Sat Down for Over 30 Hours of Questioning. The Business Insider. August 19, 2018.
  12. 12.00 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 12.09 12.10 12.11 Edith Roberts, Potential nominee profile: Brett Kavanaugh, SCOTUSblog (Jun. 28, 2018, 5:48 PM).
  13. 13.0 13.1 Where does Brett Kavanaugh see the limits of executive power?. PBS Newshour. August 28, 2018.
  14. WATCH: Kavanaugh denies discussing Mueller probe with White House. PBS NewsHour. September 6, 2018.
  15. Kavanaugh declines to answer questions about extent of president’s pardon power. PBS NewsHour. September 5, 2018.
  16. Court Gives President More Power Over Consumer Agency Chief. The New York Times. October 11, 2016.
  17. Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax. Forbes. July 10, 2018.
  18. 18.0 18.1 The US Supreme Court: Who are the justices?. BBC Magazine. October 8, 2018.
  19. Brett Kavanaugh Florida ties: Elian, 2000 vote recount, Terri Schiavo by Antonio Fins (Updated: 9:23 a.m. Tuesday, July 10, 2018 | Posted: 9:47 p.m. Monday, July 09, 2018) Palm Beach Post.
  20. Report on the death of Vincent W. Foster, Jr. / by the Office of Independent Counsel in Re Madison Guaranty Savings and Loan Association. by Kenneth Starr (1997) U.S. Court of Appeals for the District of Columbia Circuit.
  21. I knew Brett Kavanaugh during his years as a Republican operative. Don't let him sit on the Supreme Court. by David Brock (Sep.07.2018 / 10:25 AM PDT) NBC News.
  22. Why Was Kavanaugh Obsessed With Vince Foster? He needs to explain why he followed right-wing conspiracy theories about the White House aide's suicide. by Sean Wilentz (Sept. 5, 2018) The New York Times.
  23. The Partisan Battle Brett Kavanaugh Now Regrets by Michael D. Shear & Adam Liptak (Aug. 4, 2018) The New York Times.
  24. Testing of a President: The Authors; A Young Protege of Starr, and an Established Nonfiction Writer by David W. Chin and neil A. Lewis (Sept. 12, 1998) The New York Times.
  25. Kavanaugh delivers fiery, emotional opening remarks in Senate hearing, claims his life has been 'totally and permanently destroyed' by John Haltiwanger (Sep. 27, 2018, 3:52 PM) Business Insider.
  26. Who is Christine Blasey Ford, the professor accusing Brett Kavanaugh of assault?. USA Today. September 17, 2018.
  27. 27.0 27.1 California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault. Washington Post. September 16, 2018.
  28. "Woman who accused Brett Kavanaugh of sexual assault speaks out in account published by Washington Post". USA Today. September 17, 2018. 
  29. 29.0 29.1 "Polygraph Examination Report". August 8, 2018. 
  30. "The truth about lie detectors (aka polygraph tests)". American Psychological Association. 5 August 2004. 
  31. "Here's who else Christine Blasey Ford says was at the high school party where Brett Kavanaugh allegedly sexually assaulted her". Business Insider. September 27, 2018. 
  32. "In memo, outside prosecutor argues why she would not bring criminal charges against Kavanaugh". The Washington Post. September 30, 2018. 
  33. 33.0 33.1 "Prosecutor Rachel Mitchell's Memo". September 30, 2018. 
  34. "Ford ex-boyfriend declaration". 
  35. 35.0 35.1 "Kavanaugh hearing: Transcript". The Washington Post. September 27, 2018. 
  36. "Friend of Kavanaugh accuser disputes polygraph controversy". CNN. October 3, 2018. 
  37. "Christine Blasey Ford’s Friend Says Ford Didn’t Coach Her On Polygraph Exam". HuffingtonPost. October 3, 2018. 
  38. "White House Finds No Support in FBI Report for Claims Against Kavanaugh". The Wall Street Journal. October 4, 2018. 
  39. "Here Are All the People We Know the FBI Talked to for the Kavanaugh Report". Time. October 4, 2018. 
  40. 40.0 40.1 "Supplemental Background Investigation of Judge Brett M. Kavanaugh UPDATED". October 4, 2018. 
  41. "The Kavanaugh investigation was a charade". CNN. October 9, 2018. 
  42. "Yale classmate: The FBI investigation was a joke. I tried to help and was ignored". USA Today. October 9, 2018. 
  43. Flake: Kavanaugh investigation 'no good' if it 'just gives us more cover' by Jordain Carney (10/01/18 02:56 PM EDT) The Hill.
  44. Kavanaugh moves closer to Senate confirmation as GOP argues FBI report exonerates the judge by Seung Min Kim & John Wagner (October 4, 2018) The Washington Post.
  45. "Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh's College Years". The New Yorker. September 23, 2018. 
  46. "Christine Blasey Ford Reaches Deal to Testify at Kavanaugh Hearing". The New York Times. September 23, 2018. 
  47. "Julie Swetnick Accuses Brett Kavanaugh Of Sexual Misconduct, Alleges He Was Present During 'Gang Rape'". The Huffington Post. September 26, 2018. 
  48. 48.0 48.1 "'I was angry, and I sent it out': Woman admits she fabricated a claim about writing an anonymous letter that accused Brett Kavanaugh of sexual assault". Businessinsider. November 3, 2018. 
  49. "Munro-Leighton Referral with Redacted Enclosures". 
  50. "'I was angry and I sent it': Another Kavanaugh accuser referred to FBI after recanting". USA Today. November 3, 2018. 
  51. Wasted: Tales of a GenX Drunk by Mark Gauvreau Judge (1997) Hazelden Publishing ISBN 1568381425.
  52. Kavanaugh's 1983 Letter Offers Inside Look at High School Clique by Kate Kelly & David Enrich (Oct. 2, 2018) The New York Times.
  53. All The Lies Brett Kavanaugh Told: The Supreme Court nominee fibbed throughout his entire confirmation hearing. Republicans don’t seem to care. by Paul Blumenthal & Jennifer Bendery (10/01/2018 06:24 pm ET) Huffington Post.
  54. With Kavanaugh confirmed, impeachment could follow. Here’s how. by Deanna Paul (October 6 at 4:11 PM) The Washington Post.
  55. https://www.newsweek.com/brett-kavanaugh-refuses-bart-okavanaugh-question-1142733
  56. Here are all the times Kavanaugh is suspected of misleading the Senate by Eliza Relman (Oct. 4, 2018, 4:31 PM) Business Insider.
  57. Brett Kavanaugh’s testimony: What was misleading, what was not by Glenn Kessler & Salvador Rizzo (October 5, 2018 at 3:00 AM) The Washington Post.
  58. "Every time Ford and Kavanaugh dodged a question, in one chart". Vox. September 28, 2018.