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New Booker-Released Confidential Docs Show Kavanaugh Gave Misleading Testimony to Senate Judiciary Committee

Emails detailing Kavanaugh’s involvement with controversial judicial nominee contradict testimony he gave during 2006 Senate confirmation hearing

September 13, 2018
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WASHINGTON, D.C. -- U.S. Senator Cory Booker (D-NJ) today continued to release documents pertaining to Judge Kavanaugh's record that are marked "committee confidential" and have not been made available to the public.

All of the Committee Confidential documents that Booker has released to the public can be found here. There are 75 in total.

The latest batch of documents released today focuses on Judge Kavanaugh's involvement in the nomination of controversial federal judge Charles Pickering. The emails reveal that Kavanaugh's involvement in the judge's nomination was significant and far-reaching, calling into question how truthful he was in 2006 testimony he gave to the Senate Judiciary Committee, in which he seemed to indicate he wasn't substantively involved in the Pickering nomination.

"These latest documents raise more serious and concerning questions about Judge Kavanaugh's honesty before the Senate Judiciary Committee," Booker said. "Itâ??s clear that Kavanaugh was far more involved than he previously claimed with the nomination of a controversial federal judge who once defended a state law banning interracial marriage and campaigned for an avowed segregationist. These documents suggest Judge Kavanaugh misled the Senate Judiciary Committee during his prior testimony. This a grave and worrisome prospect given the fact that Judge Kavanaugh is up for a lifetime appointment to our nation's highest court with the potential to change American law for decades to come."

"It's unacceptable that Republicans have chosen to shroud Kavanaugh's record in secrecy and keep a significant portion of his background -- roughly 90 percent -- hidden from public view."

The emails released today show that Kavanaugh led critical aspects of the Pickering nomination for the White House Counsel's office and did so without involving any other Associate White House Counsel: he coordinated meetings with and about Pickering; drafted remarks, updates for members of Congress, and at least one op-ed for Alberto Gonzales about Pickering; met with Senate staffers about Pickering's nomination; liaised with the Department of Justice (DOJ), Senate Judiciary staff, staff of Congressman Chip Pickering (the Judge's son), and other White House staff about Pickering; advised White House Counsel Alberto Gonzalez on Pickering strategy; and more.

These actions raise questions about how truthful Kavanaugh was during testimony he gave in front of the Senate Judiciary Committee in 2006. During that hearing, when he was asked about his involvement with Pickering's nomination, Kavanaugh testified that Pickering "was not one of the judicial nominees that I was primarily handling" and also said in response to a written Question for the Record that he was "not the associate counsel in the White House Counsels' office assigned to Judge Pickering's nomination."

Today's release of 28 Committee Confidential documents follows the release of 47 documents last week by Booker. Those documents contained emails reflecting Kavanaugh's concerning views on racial profiling and affirmative action, as well as his support of a Bush administration figure notorious for his role in the infamous torture memos. They also shed new light on Kavanaugh's relationship with Republican Senate Judiciary Committee staffer Manny Miranda, who stole documents from the Democratic staff of the Committee, as well as his involvement in the nomination of another controversial Bush-era judge, William Pryor, which Kavanaugh has repeatedly attempted to downplay.

Last month, Booker joined Senate Democrats in advocating for the full public release of the documents related to Judge Kavanaugh's record that had been marked Committee Confidential. Senate Republicans did not respond to their request.