The United States Supreme Court is a citizen's last defense and protection against the unjust. Below is a letter from U.S. Congressman Dick Durbin who fights to protect our "highest court in the land."
Yesterday, I met with Judge Brett Kavanaugh, President Trump’s nominee for the Supreme Court.
Judge Kavanaugh had the opportunity to respond to a letter I sent him 11 years ago about his testimony to the Judiciary Committee in 2006. Despite his sworn testimony in 2006 that he was never involved in “questions about the rules governing detention of combatants” while working in the White House, he confirmed to me that he was involved with internal Bush Administration discussions about litigation and policy regarding the detention of enemy combatants. By any reasonable understanding, his 2006 statement was misleading at best.
Fundamental questions about the accountability of the President may soon come before the Supreme Court. Judge Kavanaugh was an aggressive proponent of investigating President Bill Clinton, but changed his view after working for President George W. Bush. He would not say whether he believed a sitting president was subject to a subpoena or criminal indictment. The American people need answers to these questions.
Lastly, the Trump Administration and Senate Republicans have refused to disclose any documents from the 35 months that Judge Kavanaugh spent as Staff Secretary in the White House, a time when many controversial issues of constitutional importance were debated and decided. He acknowledged that he was involved in many of these issues, including same-sex marriage, abortion, executive power, detainees, torture, Supreme Court nominations, warrantless wiretapping, and more. Time and again, he would not rule out that there are documents about his work on these issues—documents that are being hidden from the American people.
It is clear to me that the Senate should not hold confirmation hearings on Judge Kavanaugh unless his full record has been made available for review. There are simply too many missing documents and unanswered questions about this nominee for the Senate to credibly consider him for a lifetime appointment on the highest court in the land. It would be an abdication of the Senate’s constitutional responsibility of “advice and consent” to consider Judge Kavanaugh’s nomination without first obtaining these documents and answers. What is in these documents that Judge Kavanaugh does not want America to see?
This is a nomination to replace the swing vote on the Supreme Court. Too much is at stake for the Senate to get this wrong.
U.S. Senator Dick Durbin