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Why has government been instituted at all? ​Because the passions of men will not conform to the dictates of reason and justice, without constraint.
   ~ ​Alexander Hamilton









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Photo by Andrew Horne

Senator Leahy Presses Brett Kavanaugh about Stolen Emails

9/7/2018

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Vermont Democratic Senator Patrick Leahy has served in the Senate since 1974. Between 2001 and 2003, a Republican counsel on the Judiciary Committee named Manuel Miranda stole files from Democratic members of the committee that related to strategy on judicial nominations coming before the committee. Kavanaugh at that time was associate White House counsel and worked closely with Miranda on judicial nominations.

Miranda, now a private attorney in Maryland, has stated that he may have shared information that he learned from the files with Kavanaugh, but that Kavanaugh did not know where the information came from.

When Kavanaugh was nominated to serve as a federal judge in 2004 and 2006, he testified before the Senate Judiciary Committee that he knew nothing about the stolen emails. The 2004 nomination stalled. He was appointed to the appeals court in 2006.


Documents released during the confirmation process for placing Kavanaugh on the Supreme Court cast doubt on that version of events.

From the Chicago Tribune:

"An email written by Miranda on March 18, 2003, and copied to Kavanaugh, had the subject line was "for use and not distribution." Miranda wrote that "Dem staffers say that they have confidential information," and he then listed "points they make." Leahy said the points came from a draft of a letter written by his office. "We have every reason to believe that was taken," Leahy said.

Separately, an email written to Kavanaugh by a then-staffer to the Republican leadership, Barbara Ledeen, had the subject line "spying." Ledeen wrote that "I have a friend who is a mole for us on the left," and described information she had learned about spending plans by liberal groups on judicial nominations. "It is important to note that IF we have a nominee, we need to ZIP THAT PERSON RIGHT THROUGH THE PROCESS....WE CANNOT BEAT 20 MILLION DOLLARS," Ledeen wrote on June 5, 2003.

Kavanaugh forwarded the message to his boss, Counsel Alberto Gonzales, and others, writing, "interesting Ledeen email . . ."

The article from the Chicago Tribune can be found here.
http://www.chicagotribune.com/news/nationworld/politics/ct-leahy-kavanaugh-stolen-documents-20180907-story.html

A portion of the exchange between Leahy and Kavanaugh during the Senate Judiciary Committee hearing can be found here.
https://www.youtube.com/watch?v=ZqYzQY6CyoM

The four days of hearings can be found on the Senate Judiciary Committee website. The first day can be found here.
https://www.judiciary.senate.gov/meetings/nomination-of-the-honorable-brett-m-kavanaugh-to-be-an-associate-justice-of-the-supreme-court-of-the-united-states
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"Committee Confidential" Documents Released by Senator Cory Booker - Kavanaugh Emails from Bush Administration

9/7/2018

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Senator Cory Booker released 28 documents that had been labeled "committee confidential" by Senate Judiciary Committee leadership. The documents relate to abortion, affirmative action, and racial profiling.
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