Seriously, Can We Wait Till The FBI Is Done With Kavanaugh Before Voting On His Lifetime Appointment?

The fact that even this won't matter to the GOP or FedSoc makes everything worse.

Senate Democrats have confirmed that they have referred a letter to the FBI regarding information they have received about Brett Kavanaugh. The referral has been confirmed by Dianne Feinstein, who said that the person who wrote the letter has been unwilling to come forward publicly.

The Intercept first broke the news about the letter:

Different sources provided different accounts of the contents of the letter, and some of the sources said they themselves had heard different versions, but the one consistent theme was that it describes an incident involving Kavanaugh and a woman while they were in high school.

The New York Times is confirming the news:

This has to stop. Republicans? Federalist Society? Come on. You have to stop this. Forcing a confirmation vote on September 24th, while there is still so much we don’t know about Kavanaugh’s integrity and truthfulness, is a defecation upon the institution of the Supreme Court.

Kavanaugh has given less than credible answers in front of Congress. He has given less than credible answers about his relationship with Alex Kozinski. He’s given less than credible answers about his debt situation and baseball ticket habit. He’s given entirely unbelievable answers about his dice game. He’s given no answers as to the extent he was questioned and prepared by Trump’s legal team on Trump’s defense to the Robert Mueller, and other, investigations, yet asks for the right to judge the legitimacy of those investigations, should they ever come before the Supreme Court.

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Every single answer Kavanaugh has given about these issues fails to pass the smell test:

Gambling? I get aggressive at dice games that don’t involve money.
Debts? I’m a huge baseball fan.
Lies to Congress? What I said might not rise to the technical level of legal perjury.
Alex Kozinski? I didn’t hear it, I didn’t see it, I never heard it, not a word of it, I won’t say nothing to no one and never told a soul what I know is the truth.

And now there’s something about a high school girl? From the Hill:

Sources told The Intercept that the letter was relayed to lawmakers by an individual affiliated with Stanford University. Some sources told the publication that it was about an incident involving Kavanaugh and a woman while they were in high school.

Attorney Debra Katz is believed to be representing the woman who is the subject of the letter, though she did not confirm that to The Intercept. She also declined to confirm to BuzzFeed News that she is representing the woman, and did not comment further.

What will his “answer” be to this one? “Please refer to question 11.” “Nominee precedent prevents me from discussing what I did in high school.” The damn Reddit man is more forthcoming.

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I’ve already seen the Twitter defenders of Kavanaugh say this is “desperate” because it’s “going back to when he was in high school.” That is the most disgusting defense. They’re suggesting that this letter is irrelevant because… the alleged behavior happened a long time ago?

This vote has to be stopped. We need to see if the FBI will open an investigation, and if they do, we need to see what that investigation reveals. We need ANSWERS about this man.

I’m left to appeal to the decency of people who have consistently shown they have none since Donald Trump took over their party. Stop this. You’re ruining the Court.


Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.