DOJ Behind Decision To Withhold Kavanaugh Docs From Senate Judiciary Committee

WASHINGTON, DC - JULY 09: U.S. President Donald Trump introduces U.S. Circuit Judge Brett M. Kavanaugh as his nominee to the United States Supreme Court during an event in the East Room of the White House July 9, 2018 in Washington, DC. Pending confirmation by the U.S. Senate, Judge Kavanaugh would succeed Associate Justice Anthony Kennedy, 81, who is retiring after 30 years of service on the high court. (Photo by Mark Wilson/Getty Images)
WASHINGTON, DC - JULY 09: U.S. President Donald Trump introduces U.S. Circuit Judge Brett M. Kavanaugh as his nominee to the United States Supreme Court during an event in the East Room of the White House July 9, 201... WASHINGTON, DC - JULY 09: U.S. President Donald Trump introduces U.S. Circuit Judge Brett M. Kavanaugh as his nominee to the United States Supreme Court during an event in the East Room of the White House July 9, 2018 in Washington, DC. Pending confirmation by the U.S. Senate, Judge Kavanaugh would succeed Associate Justice Anthony Kennedy, 81, who is retiring after 30 years of service on the high court. (Photo by Mark Wilson/Getty Images) MORE LESS
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September 4, 2018 7:10 am
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Through a spokeswoman, the Department of Justice took responsibility for withholding over 100,000 pages of documents from the Senate Judiciary Committee’s review of Supreme Court nominee Brett Kavanaugh’s record, according to a Monday Buzzfeed News report.

The admission only adds to Democrats’ frustration with the confirmation process. It’s also unusual that lawyers from the office of former President George W. Bush have been reviewing and releasing records outside of the normal process involving the National Archives.

“[T]he White House and the Department of Justice have identified certain documents of the type traditionally protected by constitutional privilege,” said lead Bush lawyer William Burck. “The White House, after consultation with the Department of Justice, has directed that we not provide these documents for this reason.”

Per Buzzfeed News, though the Bush legal team could force the White House to validate the privilege it’s using to keep the records private, Burck has made it clear that they will follow the Trump administration’s lead.

“[W]e have deferred to the White House, in consultation with the Department of Justice, on any documents not provided on constitutional privilege grounds,” he added.

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