On Kavanaugh

WASHINGTON, DC - OCTOBER 08: U.S. Supreme Court Associate Justice Brett Kavanaugh speaks at his ceremonial swearing in in the East Room of the White House October 08, 2018 in Washington, DC. Kavanaugh was confirmed i... WASHINGTON, DC - OCTOBER 08: U.S. Supreme Court Associate Justice Brett Kavanaugh speaks at his ceremonial swearing in in the East Room of the White House October 08, 2018 in Washington, DC. Kavanaugh was confirmed in the Senate 50-48 after a contentious process that included several women accusing Kavanaugh of sexual assault. Kavanaugh has denied the allegations. (Photo by Chip Somodevilla/Getty Images) MORE LESS
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September 15, 2019 12:19 p.m.
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There was a thread in the Kavanaugh confirmation hearings about a then-girl he and his friends shamed as promiscuous in their school yearbook. Unlike so many other accusations that were raised in the hearing we didn’t need to credit a victim’s account or those of other witnesses. The yearbook itself made what happened crystal clear. Kavanaugh simply lied about it outright. From the point of view of the hearings process this always struck me as a key moment. There was no ambiguity. He was being scrutinized for a lifetime appointment to the Supreme Court and he was perfectly willing to lie under oath. The conduct was less egregious than the assault allegations. But the unambiguous evidence of willful and malicious deception was clarifying.

Here was a key part of that exchange …

Now we have more confirmation of one of the incidents that was at the center of the controversy and entirely new incident that is similar but did not come up in the hearings. We also have more evidence for what was pretty clear at the time: that the FBI investigation was nominal and structured so as to generate no relevant information about the questions at hand.

Removing someone from the Supreme Court is extremely difficult. You need the same 2/3rds majority as you do to remove a president. But it’s crystal clear that Kavanaugh repeatedly perjured himself to get on the court. The incidents may have happened decades ago but the perjury was only last year.

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