Brett Kavanaugh

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[[File:Associate Justice Brett Kavanaugh Official Portrait.jpg|thumb|165px|Brett Kavanaugh looking innocent.]]{{cquote|There’s no more perfect symbol of American collapse than Brett Kavanaugh. It isn’t just that he’s a force of regress at a time when America desperately needs the opposite...it’s that he symbolizes, in many ways, the strange and terrible victory of the forces that have led America to a grim turning point where it is collapsing as a society — perhaps irreversibly. [[Trump]] is the consummate outsider. But Kavanaugh is the insider — the prep school boy, the Ivy Leaguer, the DC partisan functionary. Now note the strange thing here. We might have expected all these things to have civilized him — but no such thing happened whatsoever. None of these institutions — the prep school, the university, the political party, government — socialized him to believe in the basic tenets of [[democracy]] in any way at all. Instead, they seem to have socialized Kavanaugh into being a predator, to have masked and hidden his abuse, and to have given the enraged, preening entitlement to it, the sense that because he is atop American hierarchy, he has a license to abuse, demean, harm, and violate.|||{{wpl|Umair Haque}}<ref>[https://eand.co/why-brett-kavanaugh-is-the-perfect-symbol-of-american-collapse-d3be8bab1f46 Why Brett Kavanaugh is the Perfect Symbol of American Collapse] by Umair Haque (October 1, 2018), ''Medium''.</ref>}} 
{{law}}
'''Brett Michael Kavanaugh''' {{lived|1965}}, also known as '''Bart O'Kavanaugh''',<ref>[https://www.newsweek.com/brett-kavanaugh-refuses-bart-okavanaugh-question-1142733 Who Is Bart O'Kavanaugh? Mark Judge's Book Describes Drunken Friend] Touchberry, Ramsay. ''Newsweek''. 09.27.18</ref> is an American [[lawyer]] and Jurist who served as an appellate judge for the D.C. circuit for twelve years<ref name="WP-impeach"/><ref name="PBS-Brett"/> before becoming an associate justice of the [[Supreme Court of the United States|Supreme Court]] on October 6, 2018.<ref>[https://www.theguardian.com/us-news/2018/oct/06/brett-kavanaugh-confirmed-us-supreme-court Brett Kavanaugh confirmed to US supreme court after Senate votes in favour]. ''The Guardian''. October 6, 2018.</ref> He was appointed by President [[Donald Trump]] on July 9, 2018, to fill the vacancy left by the retirement of [[Anthony Kennedy]], for whom he previously clerked.<ref name="WP-impeach"/><ref group="note">Kennedy appears pleased with the choice. Coincidentally, Neil Gorsuch, Trump's first Supreme Court nominee, also clerked for Kennedy.</ref> His confirmation hearing was delayed due to multiple accusations of sexual misconduct. Trump ordered an [[FBI]] investigation,<ref>[https://www.bbc.com/news/world-us-canada-45687301 Brett Kavanaugh: Trump's Supreme Court pick faces FBI inquiry]. BBC News. September 29, 2018.</ref> but then made sure nothing happened by considerably limiting the scope and time of the investigation.<ref name="Hill">[https://thehill.com/homenews/sunday-talk-shows/410281-dem-senator-kavanaugh-confirmation-underscores-healthcare-mueller Dem senator: Kavanaugh confirmation 'underscores' health care, Mueller investigation as key midterm issues]. ''The Hill''. October 7, 2018.</ref> He was "finally" sworn in<ref>[https://www.bbc.com/news/world-us-canada-45774174 Brett Kavanaugh confirmation: Victory for Trump in Supreme Court battle]. BBC. October 7, 2018.</ref> after the second shortest confirmation process in recent history.<ref group="note">You only need to take a look at {{wpl|Elena Kagan|Kagan}} and {{wpl|Sonia Sotomayor|Sotomayor's}} delays to see a true example of the staunch liberal media in action.</ref> His confirmation is arguably detrimental to the legitimacy of not just the Supreme Court,<ref>[https://www.nytimes.com/2018/10/03/us/politics/bernie-sanders-midterms-voting.html Bernie Sanders Predicts Supreme Court is Headed for a Crisis]. ''The New York Times''. October 3, 2018.</ref><ref name="PBS">[https://www.pbs.org/newshour/show/what-kavanaughs-confirmation-means-for-the-future-of-the-supreme-court What Kavanaugh’s confirmation means for the future of the Supreme Court]. PBS Newshour. October 6, 2018.</ref> because he revealed himself to be a partisan with his heated attacks against Democrats during the confirmation hearing,<ref name="PBS"/> but also the Republicans in the 2018 midterm elections.<ref name="Hill"/> He also proved to lack the necessary emotional maturity for the Supreme Court by throwing a temper tantrum during his hearing.

In 2006, the American Bar Association downgraded its 2003 rating for Kavanaugh from "well qualified" to be a federal judge to merely "qualified."<ref name="NYT-overview">[https://www.nytimes.com/2018/07/14/us/politics/judge-brett-kavanaugh.html Influential Judge, Loyal Friend, Conservative Warrior — and D.C. Insider]. ''The New York Times''. July 14, 2018.</ref> Interestingly, in 2016, when Donald McGahn II, then top lawyer for the Trump campaign and now White House counsel, compiled a list of Supreme Court nominees to fill the vacancy left by the death of [[Antonin Scalia]] (a spot filled instead by Neil Gorsuch), Brett Kavanaugh was omitted.<ref name="NYT-overview"/><ref group="note">As a matter of fact, no one on that list came from the Beltway, in accordance with Trump's desire to "drain the swamp."</ref> McGahn is considered a key witness in the [[Trump-Russia connection|Trump-Russia investigation]].<ref>[https://www.businessinsider.com/don-mcgahn-interview-mueller-obstruction-trump-russia-2018-8 One of the Most Important Witnesses in Mueller's Obstruction Probe Voluntarily Sat Down for Over 30 Hours of Questioning]. The ''Business Insider''. August 19, 2018.</ref>

==Judicial views==
Broadly speaking, his judicial views are similar to those of the late Antonin Scalia, though he does not insist on [[Originalism|interpreting the words of the Constitution as they were understood at the time they were written]].<ref name="ScotusBlog"/> Despite being the successor of Anthony Kennedy, Kavanaugh differs on the topics of presidential powers, [[affirmative action]] and criminal justice.<ref name="PBS"/> Before becoming an Associate Justice, Kavanaugh saw the positions advanced in his opinions adopted by the Supreme Court thirteen times and reversed only once.<ref name="NYT-overview"/>

===Presidents, civil lawsuits, presidential powers, and separation of powers===
{{Rquote|right|We believe an indictment should not be pursued while the President is in Office.|Brett Kavanaugh for the Starr investigation of Bill Clinton|AP<ref name="Kavanaugh-indict"/>}}
Although Brett Kavanaugh was part of the Kenneth Starr team investigating [[Bill Clinton]] and was very tough on him, Kavanaugh later changed his mind on the question of civil lawsuits against Presidents.<ref name="PBS-1">[https://www.pbs.org/newshour/show/where-does-brett-kavanaugh-see-the-limits-of-executive-power Where does Brett Kavanaugh see the limits of executive power?]. PBS ''Newshour''. August 28, 2018.</ref> He argued in a 2009 article for the Minnesota Law Review that a sitting President should be exempt from "time-consuming and distracting" lawsuits and investigations so that he or she can focus on serving the public interest, "especially in times of financial or national security crisis." Such processes could proceed after the President has left office. If the President was being truly obnoxious or malevolent, he or she could always be [[Impeachment|impeached]] by [[Congress]].<ref name="WP-impeach">[https://www.washingtonpost.com/politics/top-supreme-court-prospect-has-argued-presidents-should-not-be-distracted-by-investigations-and-lawsuits/2018/06/29/2dd9c1cc-7baa-11e8-80be-6d32e182a3bc_story.html Supreme Court nominee has argued presidents should not be distracted by investigations and lawsuits]. ''The Washington Post''. July 9, 2018.</ref> Writing in the Starr Report, Kavanaugh argued that a President may also be impeached for lying to his or her staff or misleading the public.<ref name="NYT-overview"/> He also expressed his misgivings for indicting a sitting President.<ref name="Kavanaugh-indict">[https://www.apnews.com/53e75fca417d47aea25a5421d10cffb8 Memo shows Kavanaugh resisted indicting a sitting president]. Associated Press. August 11, 2018.</ref>

He believes in what is known as the unitary executive theory, which states that the President bears full responsibility for the execution of federal laws and holds full authority over all federal agencies and their officers.<ref name="PBS-Brett"/> He views the presidency as the stabilizing institution, not Congress.<ref name="PBS-1"/> This position makes him of great interest to Donald Trump, who is being investigated by Special Counsel Robert S. Mueller III for his possible [[Trump-Russia connection|illicit ties with Russia]]; the case could end up on the Supreme Court.<ref name="WP-impeach"/> But his aforementioned position that making [[false statements]] is an impeachable offense could prove damaging to Trump's case. Surprisingly, during his nomination hearing, Kavanaugh denied discussing the Mueller probe with the White House<ref>[https://www.pbs.org/newshour/politics/watch-kavanaugh-denies-discussing-mueller-probe-with-white-house WATCH: Kavanaugh denies discussing Mueller probe with White House]. PBS NewsHour. September 6, 2018.</ref> and said he had not yet taken a position on the constitutionality of investigating a siting president.<ref>[https://www.pbs.org/newshour/politics/kavanaugh-declines-to-answer-questions-about-extent-of-presidents-pardon-power Kavanaugh declines to answer questions about extent of president’s pardon power]. PBS NewsHour. September 5, 2018.</ref>

Kavanaugh strongly supports presidential power and opposes government bureaucracy, favoring the transfer of power to the President at the expense of administrative bodies.<ref name="WP-impeach"/> However, he tends to approach the issue on a case-by-case basis. Still, this can be gleaned from his opinions and rulings: he believes that unless Congress has expressed its views on a particular topic or delegated a question to a particular agency, said agency has no authority to make a decision, and any regulation challenged under the relevant statute is presumed to be invalid. Kavanaugh refers to this as his "major rules doctrine."<ref name="ScotusBlog"/>

In 2016, Kavanaugh wrote for a panel ruing that the structure of Consumer Financial Protection Bureau (CFPB), a brainchild of [[Elizabeth Warren]] created under the Dodd-Frank Act, was unconstitutional, but did not order its shutdown, contrary to the wishes of the plaintiffs and critics, who argued that the CFPB represented regulatory overreach and gave too much power to an individual, namely its director. The court's remedy was to give the President the power to remove the director of the Bureau. Originally, Dodd-Frank gave the Bureau's director a high degree of independence, and stipulated that he or she could only be fired for "inefficiency, neglect of duty or malfeasance."<ref>[https://www.nytimes.com/2016/10/12/business/dealbook/consumer-financial-protection-bureau-court-ruling-unconstitutional.html Court Gives President More Power Over Consumer Agency Chief]. ''The New York Times''. October 11, 2016.</ref>

===Health insurance, abortions and contraception===
Kavanaugh dissented when the D.C. Circuit Court upheld the [[Affordable Care Act]] (ACA), also known as Obamacare, as constitutional, arguing that the court lacked jurisdiction to hear the case. In his dissent, he further argued that the penalty that comes with failure to comply with the "minimum essential coverage provision", more commonly known as the "individual mandate", which requires people to obtain and maintain health insurance unless they qualify for a waiver or are exempt, was basically a [[tax]]. However, the majority disagreed with this "linguistic analysis". The case was appealed, but the appellate court affirmed the previous decision. When the ACA found itself at the Supreme Court, comparing the individual mandate penalty to a tax became a central argument. As of 2018, both the ACA and the mandate remained in place. Observe that Kavanaugh never questioned the constitutionality of the ACA.<ref>[https://www.forbes.com/sites/kellyphillipserb/2018/07/10/supreme-court-nominee-brett-kavanaugh-penned-healthcare-dissent-focused-on-tax/#643462644d6c Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax]. Forbes. July 10, 2018.</ref>

Kavanaugh objected when a court on which he served permitted a teenaged immigrant in federal custody to have an [[abortion]], arguing that the court had allowed undocumented minors to access "immediate abortion on demand",<ref name="WP-impeach"/> and that the government did not impose an undue burden on the girl by making her wait for a sponsor first.<ref name="PBS-Brett"/><ref group="note">The girl ultimately obtained her abortion, and the Supreme Court annulled the D.C. Circuit's decision, rendering the case moot. It consequently cannot serve as precedent.</ref>

In a case concerning whether or not religious non-profits may exempt themselves from an Obamacare requirement that they provide [[Birth control|birth-control]] benefits to their employees, unlike the dissenters who argued that the government had no compelling interest in facilitating access to contraception, Kavanaugh conceded that such an interest exists, but can be achieved in other ways,<ref group="note>This particular case ended up on the Supreme Court in 2016, which ruled that the parties should work to compromise.</ref><ref name="ScotusBlog"/> though he did not specify which ways. During his confirmation hearings, when answering a question about this, then Senator [[Kamala Harris]] put out a [[Quote mining|deceptively edited video of his testimony]] to make his summary of the employers' argument sound as if he was offering his personal view; when called on her bullshit, she opted to both double down and [[moving the goalposts|move the goalposts]].<ref>https://www.politifact.com/truth-o-meter/statements/2018/sep/10/kamala-harris/brett-kavanaugh-birth-control-abortion-inducing/</ref>

In late 2018, the Supreme Court declined to hear a case brought by [[Kansas]] and [[Louisiana]] seeking to eliminate Medicaid funding for [[Planned Parenthood]]. Justice Kavanaugh voted with the majority, which included Chief Justice John Roberts and the Court's four liberal Justices.<ref>[https://www.npr.org/2018/12/10/675260800/supreme-court-declines-key-planned-parenthood-case Supreme Court Ducks Effort To Defund Planned Parenthood]. NPR. December 10, 2018.</ref><ref group="note">Supporters of the organization noted that healthcare was a fundamental human right while opponents claimed that this was a case of taxation without representation and that abortion was not healthcare.</ref>

In 2022, Kavanaugh voted with the majority opinion to nullify ''[[Roe v. Wade]]'' in the ''Dobbs v. Jackson Women's Health Organization'' case.

===Gun ownership===
Kavanaugh issued many challenges to [[gun control]] laws as circuit judge for the District of Columbia. He said he would have nullified the city’s ban on semiautomatic weapons and requirement that all [[gun]]s be registered.<ref name="WP-impeach"/><ref name="ScotusBlog"/> Gun control activists are worried about his views on this issue.<ref name="BBC-Mag">[https://www.bbc.com/news/magazine-33103973 The US Supreme Court: Who are the justices?]. BBC Magazine. October 8, 2018.</ref>

===Environmental protection===
Kavanaugh sometimes attempted to rein in on Obama-era [[EPA]] regulations. In 2012, he opposed the EPA adapting the language of the Clean Air Act of 1970 to regulate greenhouse-gas emissions. He justified his position by writing that the Agency "exceeded its statutory authority," setting a precedent for other agencies to "adopt absurd or otherwise unreasonable interpretations of statutory provisions and then edit other statutory provisions to mitigate the unreasonableness," warning that "undue deference or abdication to an agency carries its own systemic costs."<ref name="ScotusBlog"/> In the same year, he rejected an attempt by the EPA to curb air pollution that crosses state lines.<ref name="ScotusBlog"/> In 2014, he dissented in a ruling that upheld the EPA's practice of not considering costs when regulating power plants, arguing that "as a matter of common sense, common parlance, and common practice, determining whether it is 'appropriate' to regulate requires consideration of costs."<ref name="ScotusBlog"/>

However, Kavanaugh has not always ruled against the EPA. For example, in 2010, he wrote an opinion upholding the EPA’s review of [[California]]’s limits on emissions from in-use non-road engines, and in 2014, he upheld an EPA program intended to address the impact of strip [[coal]] mining.<ref name="ScotusBlog"/> Still, [[environmentalist]]s are worried about his views on this topic.<ref name="BBC-Mag"/> Kavanaugh appears to have never dissented from a ruling not in favor of an environmental interest.<ref name="PBS-Brett"/>

===The First Amendment===
{{main|First Amendment}}
In a 2010 case in which [[atheist]] plaintiffs objected to religious components of presidential inauguration ceremonies as violations of the [[Establishment Clause]],<ref group="note">This clause forbids the establishment of a state religion by Congress.</ref> Kavanaugh concurred with a panel ruling that they lacked the standing to sue. Furthermore, he rejected their claims on the grounds that "those longstanding practices do not violate the Establishment Clause [[Stare decisis|as it has been interpreted]] by the Supreme Court."<ref name="ScotusBlog"/>

In 2011, Kavanaugh concurred with a ruling against an activist who chalked an [[anti-abortion]] message on the street outside the White House, noting that "[n]o one has a First Amendment right to deface government property."<ref name="ScotusBlog"/>

In 2017, Kavanaugh dissented from a denial of rehearing ''en banc'' of a case in which the challenge to the Obama administration's "[[net neutrality]]" rules by telecommunications and internet service providers was rejected. This is an example of Kavanaugh applying his "major rules doctrine," described above.<ref name="ScotusBlog"/> He wrote that net neutrality "impermissibly infringes on the Internet service providers' editorial discretion."<ref name="NYT-overview"/>

===Labor===
In most cases, Kavanaugh narrowly interprets U.S. labor laws and generally favors employers over employees. His views on [[union]] issues are similar to those held by the Supreme Court’s conservative justices: Chief Justice John Roberts Jr. and Associate Justices [[Clarence Thomas]], [[Samuel Alito]], Neil Gorsuch, and Amy Coney Barrett.<ref name="PBS-Brett">[https://www.pbs.org/newshour/politics/why-should-you-watch-brett-kavanaughs-confirmation-hearings-heres-where-he-stands-on-key-issues Why should you watch Brett Kavanaugh’s confirmation hearings? Here’s where he stands on key issues]. PBS NewsHour. September 3, 2018.</ref>

==Prolific partisan==
[[File:Supreme Court Justice Brett Kavanaugh Swearing-In Ceremony.jpg|thumb|right|250px|Kavanaugh swearing in with his family and a boiled ham.]]
Kavanaugh also had a hand in other partisan battles, including the {{wpl|Elián González}} custody battle, the [[Terri Schiavo]] debacle, and the [[2000 U.S. presidential election|2000 Florida election recount]] (where he served on [[George W. Bush|George W. Bush's]] legal team).<ref>[https://www.mypalmbeachpost.com/news/brett-kavanaugh-florida-ties-elian-2000-vote-recount-terri-schiavo/KW4h9QMoAZd7mogcLv7AdP/ Brett Kavanaugh Florida ties: Elian, 2000 vote recount, Terri Schiavo] by Antonio Fins (Updated: 9:23 a.m. Tuesday, July 10, 2018 | Posted: 9:47 p.m. Monday, July 09, 2018) ''Palm Beach Post''.</ref> Just prior to the [[2020 U.S. presidential election]], Associate Justice Kavanaugh actually cited [[Bush v. Gore]] "in his explanation of why he voted to deny a request to reinstate an extension for the receipt of mail-in ballots in Wisconsin [...] the Supreme Court has never cited it as precedent in the two decades since, and only one other justice, Clarence Thomas, has even mentioned it in an opinion."<ref>https://www.washingtonpost.com/politics/courts_law/brett-kavanaugh-bush-gore-wisconsin-election/2020/10/27/799fe8aa-1876-11eb-befb-8864259bd2d8_story.html</ref>

Given that D.C. Circuit judges often review high-profile politically polarizing cases, his involvement in such political fights is no surprise. Furthermore, [[John Roberts|Chief Justice John G. Roberts Jr.]], and Associate Justices [[Ruth Bader Ginsburg]], [[Clarence Thomas]] and the late Antonin Scalia all served there before being nominated for the Supreme Court. However, Democrats argued he was too partisan and delayed his nomination to the bench for three years.<ref name="WP-impeach"/><ref name="ScotusBlog">Edith Roberts, [http://www.scotusblog.com/2018/06/potential-nominee-profile-brett-kavanaugh/ Potential nominee profile: Brett Kavanaugh], SCOTUSblog (Jun. 28, 2018, 5:48 PM). </ref>

===Hatred of the Clintons===
{{main|1=Bill Clinton|3=Hillary Clinton}}
Kavanaugh's obsessive public hatred of the Clintons began with his wasting of federal tax money investigating the [[Vince Foster]] [[conspiracy theory]] in 1997 while working as an Associate Counsel under {{wpl|Ken Starr||.}}<ref>[https://catalog.hathitrust.org/Record/003263302 Report on the death of Vincent W. Foster, Jr. / by the Office of Independent Counsel in Re Madison Guaranty Savings and Loan Association.] by Kenneth Starr (1997) U.S. Court of Appeals for the District of Columbia Circuit.</ref><ref>[https://www.nbcnews.com/think/opinion/i-knew-brett-kavanaugh-during-his-years-republican-operative-don-ncna907391 I knew Brett Kavanaugh during his years as a Republican operative. Don't let him sit on the Supreme Court.] by David Brock (Sep.07.2018 / 10:25 AM PDT) ''NBC News''.</ref><ref>[https://www.nytimes.com/2018/09/05/opinion/why-was-kavanaugh-obsessed-with-vince-foster.html Why Was Kavanaugh Obsessed With Vince Foster? He needs to explain why he followed right-wing conspiracy theories about the White House aide's suicide.] by Sean Wilentz (Sept. 5, 2018) ''The New York Times''.</ref> Kavanaugh was also a principal author of the sexually explicit 1998 ''{{wpl|Starr Report}}'' to Congress, which led to the [[impeachment]] of Bill Clinton,<ref>[https://www.nytimes.com/2018/08/04/us/politics/brett-kavanaugh-clinton-impeachment.html The Partisan Battle Brett Kavanaugh Now Regrets] by Michael D. Shear & Adam Liptak (Aug. 4, 2018) ''The New York Times''.</ref> the explicitness of which, was likely due to Kavanaugh.<ref>[https://www.nytimes.com/1998/09/12/us/testing-president-authors-young-protege-starr-established-nonfiction-writer.html Testing of a President: The Authors; A Young Protege of Starr, and an Established Nonfiction Writer] by David W. Chin and neil A. Lewis (Sept. 12, 1998) ''The New York Times''.</ref> Kavanaugh could not even keep his hatred of the Clintons contained during his Senate confirmation testimony.<ref>[https://www.businessinsider.com/brett-kavanaugh-opening-statement-transcript-senate-christine-ford-2018-9 Kavanaugh delivers fiery, emotional opening remarks in Senate hearing, claims his life has been 'totally and permanently destroyed'] by John Haltiwanger (Sep. 27, 2018, 3:52 PM) ''Business Insider''.</ref>

==Accusations of sexual misconduct==
[[File:Christine Blasey Ford swearing in.jpg|thumb|right|165px|Dr. Ford swearing in before the Senate Judiciary Committee.]]
===Christine Blasey Ford===
In early July 2018, when it became clear that Kavanaugh was on the shortlist of possible nominees to replace retiring justice [[Anthony Kennedy]], but before Trump announced his name publicly, Christine Blasey Ford, a professor of [[psychology]] at Palo Alto University and a research psychologist at the Stanford University School of Medicine,<ref>[https://www.usatoday.com/story/news/2018/09/17/who-christine-blasey-ford-professor-accusing-brett-kavanaugh-assault/1339485002/ Who is Christine Blasey Ford, the professor accusing Brett Kavanaugh of assault?]. ''USA Today''. September 17, 2018.</ref> contacted the ''[[Washington Post]]'' with allegations that Kavanaugh had sexually assaulted her in the early 1980s when they were in high school.<ref name="WashingtonPost">[https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault]. ''Washington Post''. September 16, 2018.</ref> According to Ford, one summer in the early 1980s, Kavanaugh and a friend corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County, [[Maryland]]. Then, while his friend watched, Kavanaugh pinned her to a bed on her back and groped her over her clothes, attempting to remove her clothing. Ford said she was able to escape when Kavanaugh's friend, Mark Judge, jumped on top of them, sending all three tumbling.<ref name="WashingtonPost"/>

In August 7, Ford also took a [[polygraph]] test, which concluded she was being truthful when she said a statement summarizing her allegations was accurate.<ref>{{Cite news|title=[https://www.usatoday.com/story/news/politics/2018/09/16/brett-kavanaugh-accuser-speaks-out-washington-post/1328625002/ Woman who accused Brett Kavanaugh of sexual assault speaks out in account published by Washington Post]|work=USA Today |date=September 17, 2018}}</ref><ref name="Polygraph"/> The test consisted of only two questions, after an interview of Ford regarding her accusations of sexual assault: "Is any part of your statement false?" and "Did you make up any part of your statement?" Ford answered "No" to both questions.<ref name="Polygraph">{{cite web|title=[https://www.scribd.com/embeds/389547505/content#from_embed Polygraph Examination Report]|date=August 8, 2018}}</ref> It is worth pointing out that,
according to the American Psychological Association,<ref>{{cite web |publisher=American Psychological Association|title=[https://www.apa.org/research/action/polygraph.aspx The truth about lie detectors (aka polygraph tests)]|date=5 August 2004}}</ref> there is little evidence that polygraph tests can accurately detect lies (see the [[Polygraph]] page for more details). It is thus disappointing that a professional psychologist such as Ford decided to take that test. 

Aside from Kavanaugh himself, Ford has named three other people she says were at the party during the alleged incident: Mark Judge, a close high school friend of Kavanaugh's, he being in the room during the alleged assault; Patrick James Smyth, one of Kavanaugh's classmates in the Georgetown Prep class of 1983, as one of the people present at the alleged gathering; and Leland Ingham Keyser, a lifelong friend of Ford, who was downstairs at the party during the alleged incident. All three have denied any recollection of being at such a party or knowing of an any alleged assault by Kavanaugh.<ref>{{cite news|title=[https://www.businessinsider.com/leland-ingham-keyser-pj-smyth-who-christine-blasey-ford-says-was-at-party-kavanaugh-judge-2018-9?IR=T Here's who else Christine Blasey Ford says was at the high school party where Brett Kavanaugh allegedly sexually assaulted her]|work=Business Insider|date=September 27, 2018}}</ref>

On September 30, ''The Washington Post'' published a five-page memo written by Rachel Mitchell, the outside prosecutor Senate Republicans hired to lead the questioning in Ford's hearing about the sexual assault allegations. In the memo Mitchell outlines more than half a dozen reasons she thinks that Ford's testimony has some key inconsistencies, and she says that she does not think that a reasonable prosecutor would bring this case based on the evidence before the Senate Judiciary Committee, nor does she believe that this evidence is sufficient to satisfy the preponderance-of-the-evidence standard.<ref>{{cite news|title=[https://www.washingtonpost.com/politics/in-memo-outside-prosecutor-argues-why-she-would-not-bring-criminal-charges-against-kavanaugh/2018/09/30/4e096654-c520-11e8-9158-09630a6d8725_story.html In memo, outside prosecutor argues why she would not bring criminal charges against Kavanaugh]|date=September 30, 2018|work=The Washington Post}}</ref><ref name="MitchellMemo">{{cite web|title=[https://assets.documentcloud.org/documents/4952137/Rachel-Mitchell-s-analysis.pdf Prosecutor Rachel Mitchell's Memo]|date=September 30, 2018}}</ref> Some of the points mentioned by Mitchell are the following:<ref name="MitchellMemo"/>
* Ford has not offered a consistent account of when the alleged assault happened. First, she said "mid 1980s", then "early 80s", then "summer of 1982". In particular, Ford failed to explain how she was suddenly able to narrow the timeframe to a particular season and particular year.
* Ford does not remember in what house the assault allegedly took place or where that house was located with any specificity.
* Ford does not remember how she got to the party and how she got from the party back to her house.

On October 2, in a letter to [[Fox News]], a man whose name was redacted asserts to have been in a relationship with Ford from approximately 1992 to 1998 and contradicts some of her claims. In particular, he says Monica McLean was applying for positions at the [[FBI]] and the U.S. Attorney's Office and he "witnessed Dr. Ford help McLean prepare for a potential polygraph exam. Dr. Ford explained in detail what to expect, how polygraphs worked and helped McLean become familiar and less nervous about the exam",<ref>{{cite web|title=[https://www.scribd.com/document/389992060/Declaration-Redacted-Ford-Friend#from_embed Ford ex-boyfriend declaration]|data=October 2, 2018}}</ref> contrary to Ford's testimony that she never discussed with anyone, besides her attorneys, how to take a polygraph.<ref name=Transcript/> The man has later been identified by CNN as Brian Merrick.<ref>{{cite news|title=[https://edition.cnn.com/2018/10/03/politics/kavanaugh-accuser-polygraph/index.html Friend of Kavanaugh accuser disputes polygraph controversy]|work=CNN|date=October 3, 2018}}</ref> McLean disputes his assertions in a written statement released by Ford's lawyers.<ref>{{cite news|title=[https://www.huffingtonpost.com/entry/christine-blasey-ford-friend-coach-polygraph_us_5bb4dd9be4b01470d04d963e Christine Blasey Ford's Friend Says Ford Didn’t Coach Her On Polygraph Exam]|work=HuffingtonPost|date=October 3, 2018}}</ref> The information has not been verified, as if coming from the cesspit of Fox News wasn't already a red flag.

In an announcement on October 4, the [[White House]] found no corroboration of the allegations of sexual misconduct against Brett Kavanaugh after examining interview reports from the FBI's latest probe into the judge's background, according to people familiar with the matter.<ref>{{cite news|title=[https://www.wsj.com/articles/white-house-finds-no-corroboration-of-sexual-misconduct-allegations-against-kavanaugh-in-fbi-report-1538625927 White House Finds No Support in FBI Report for Claims Against Kavanaugh]|date=October 4, 2018|work=The Wall Street Journal}}</ref> The FBI interviewed nine people, precisely: Deborah Ramirez, Mark Judge, Chris Garrett, P.J. Smyth, Leland Keyser, Timothy Gaudette, and three other people who have not been named publicly.<ref>{{cite news|title=[http://time.com/5415845/kavanaugh-fbi-investigation-witnesses/ Here Are All the People We Know the FBI Talked to for the Kavanaugh Report]|date=October 4, 2018|work=Time}}</ref> Ford's attorneys Debra Katz, Lisa Banks, and Michael Bromwich wrote a letter to the FBI pointing out that also the following people should have been interviewed in order to attest Ford's character and credibility: Jeremiah Hanafin (the examiner of Ford's polygraph test), Russell Ford (Ford's husband), Keith Koegler (a close friend), Adela Gildo-Mazzon (a long-time friend), Rebecca Olson (a six-year friend of Ford), Kirsten Leimroth (a family friend) and Jim Gensheimer (who had a lunch meeting with Ford and Leimroth in early July 2018), and Monica L. McLean (a many-years friend of Ford).<ref name=KatzBanks>{{cite web|title=[https://cdn.cnn.com/cnn/2018/images/10/04/181004.--.ltr.to.wray.pdf Supplemental Background Investigation of Judge Brett M. Kavanaugh UPDATED]|date=October 4, 2018}}</ref> None of these people were present at the party of the alleged sexual assault, or know of Ford's accusations before 2012.<ref name=KatzBanks/>

In the fallout of the FBI investigation, several have criticized the White House for deliberately hampering the FBI investigation in question purely for the sake of rigging the Supreme Court into Republican control and while [[projection|blaming Democrats for apparent obstruction of justice]]. Josh Campbell,<ref>{{cite news|title=[https://www.cnn.com/2018/10/08/opinions/kavanaugh-fbi-charade-opinion-campbell/index.html The Kavanaugh investigation was a charade]|date=October 9, 2018|work=CNN}}</ref> a [[CNN]] law enforcement analyst and former Supervisory Special Agent with the FBI, called the investigation a "charade" in the midst of a politically charged climate, while the White House has deliberately tied the FBI's arms behind its back, all while trying to use the FBI to obstruct Robert Mueller's investigation. Similarly, William E. Scheuerman, Kavanaugh's Yale classmate, called the investigation a "joke", saying that, likely under pressure from President Donald Trump and the Senate GOP leadership, the FBI ignored the information he and his classmates had tried to provide.<ref>{{cite news|title=[https://www.usatoday.com/story/opinion/nation-now/2018/10/09/kavanaugh-classmate-fbi-investigation-joke-clumn/1575930002/Kavanaugh Yale classmate: The FBI investigation was a joke. I tried to help and was ignored]|date=October 9, 2018|work=USA Today}}</ref>

[[Arizona]] Senator Jeff Flake had demanded an FBI investigation that would do more than just give cover to Senators,<ref>[https://thehill.com/homenews/senate/409312-flake-kavanaugh-investigation-no-good-if-it-just-gives-us-more-cover Flake: Kavanaugh investigation 'no good' if it 'just gives us more cover'] by Jordain Carney (10/01/18 02:56 PM EDT) ''The Hill''.</ref> but it was ultimately no more than that because Trump took the unprecedented move of hamstringing the FBI by limiting its time and scope; Flake and Senator Susan Collins took cover under the report and voted to confirm Kavanaugh.<ref>[https://www.washingtonpost.com/politics/senators-prepare-to-review-fbi-report-on-kavanaugh-after-early-morning-arrival/2018/10/04/394dbaf8-c7be-11e8-b2b5-79270f9cce17_story.html Kavanaugh moves closer to Senate confirmation as GOP argues FBI report exonerates the judge] by Seung Min Kim & John Wagner (October 4, 2018) ''The Washington Post''.</ref>

===Deborah Ramirez===
On September 23, 2018, the ''New Yorker'' published an accusation from Deborah Ramirez, a classmate of Kavanaugh at Yale University. She said Kavanaugh had exposed himself at a drunken dormitory party during the 1983–84 academic year, and he had thrust his penis in her face.<ref name="Ramirez">{{cite news|title=[https://www.newyorker.com/news/news-desk/senate-democrats-investigate-a-new-allegation-of-sexual-misconduct-from-the-supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh's College Years]|newspaper=The New Yorker|date=September 23, 2018}}</ref> ''The [[New York Times]]'' interviewed several dozen people in an attempt to corroborate her story, but could find no one with firsthand knowledge. Ramirez herself contacted former Yale classmates asking if they recalled the incident and told some of them that she could not be certain Kavanaugh was the one who exposed himself.<ref>{{cite news|title=[https://www.nytimes.com/2018/09/23/us/politics/brett-kavanaugh-christine-blasey-ford-testify.html Christine Blasey Ford Reaches Deal to Testify at Kavanaugh Hearing]|date=September 23, 2018|newspaper=[[The New York Times]]}}</ref>

===Julie Swetnick===
On September 25, 2018, Julie Swetnick, a former government employee, declared in a sworn statement that she went to high school parties involving Mark Judge and Kavanaugh and that it was [[rape|common at such parties for boys to prey on girls, sometimes by spiking or drugging the drinks so that the girls could not resist]]. Swetnick was represented by lawyer Michael Avenatti.<ref>{{Cite news|url=https://www.nbcnews.com/politics/supreme-court/read-sworn-declaration-kavanaugh-accuser-julie-swetnick-n913336|title=Read the sworn declaration by Kavanaugh accuser Julie Swetnick |publisher=NBC News|date=September 26, 2018|accessdate=June 12, 2022}}</ref><ref>{{cite news|url=https://www.nbcnews.com/politics/supreme-court/woman-alleges-kavanaugh-spiked-punch-parties-so-intoxicated-girls-could-n912491|title=Kavanaugh accuser Julie Swetnick alleges he 'spiked' punch at parties so intoxicated women could be raped|publisher=NBC News|date=September 26, 2018|accessdate=June 12, 2022}}</ref>

However, NBC News could not find outside corroboration for Swetnick's claims. Among four witnesses named by Swetnick, one was deceased, two did not comment, and another did not remember Swetnick.<reF>{{cite news|url=https://www.nbcnews.com/politics/supreme-court/kavanaugh-accuser-julie-swetnick-speaks-out-sexual-abuse-allegations-n915641|title=Kavanaugh accuser Julie Swetnick speaks out on sexual abuse allegations|publisher=NBC News|date=October 2, 2018|accessdate=June 12, 2022}}</ref> Furthermore, Swetnick's story in her October 1, 2018 interview with NBC was not entirely consistent with her sworn statement, and another witness presented by Avenatti accused Avenatti of misrepresenting her claims.<ref>{{cite web|url=https://www.nbcnews.com/politics/justice-department/new-questions-raised-about-avenatti-claims-regarding-kavanaugh-n924596|title=New questions raised about Avenatti claims regarding Kavanaugh|publisher=NBC News|date=October 25, 2018|accessdate=June 12, 2022}}</ref> Furthermore, Swetnick has questionable credibility due to having lied on a resume and being accused of sexual misconduct at a previous employer.<ref>{{cite web|last=Rogoway|first=Mike|url=https://www.oregonlive.com/silicon-forest/2018/09/julie_swetnick_one_of_kavanaug.html|title=Julie Swetnick, a Brett Kavanaugh accuser, faced misconduct allegations at Portland company|work=The Oregonian|date=September 26, 2018|accessdate=June 12, 2022}}</ref> One senator criticized Avenatti for turning the confirmation into a "circus atmosphere" through raising dubious accusations.<ref>{{cite web|url=https://www.cnn.com/2018/10/06/politics/democrats-avenatti-swetnick-accusation/index.html|title=Democrats say Avenatti undercut their case against Kavanaugh|publisher=CNN|date=October 8, 2018|last=Raju|first=Manu|accessdate=June 12, 2022}}</ref>

===Jane Doe===
On September 26, 2018, an anonymous letter received by Senator {{wpl|Kamala Harris}} and signed {{wpl|John Doe|Jane Doe}} was publicly released with Kavanaugh's testimony on the Committee's website.<ref name=JaneDoe>{{cite news|title=[https://www.businessinsider.com/brett-kavanaugh-sexual-assault-accuser-judy-munro-leighton-2018-11 'I was angry, and I sent it out': Woman admits she fabricated a claim about writing an anonymous letter that accused Brett Kavanaugh of sexual assault]|work=Businessinsider|date=November 3, 2018}}</ref> The anonymous woman alleged that Kavanaugh and a friend had raped her "several times each" in a car.<ref name=JaneDoeLetter>{{cite web|title=[https://www.scribd.com/document/392240642/Munro-Leighton-Referral-with-Redacted-Enclosures#from_embed Munro-Leighton Referral with Redacted Enclosures]}}</ref> Senate Judiciary Committee investigators identified the author as Judy Munro-Leighton, a woman decades older than Judge Kavanaugh, and concluded she had fabricated her accusation.<ref name=JaneDoe/> Senator Chuck Grassley asked for federal authorities to investigate her on allegations of making false statements and obstruction.<ref>{{cite news|title=[https://eu.usatoday.com/story/news/politics/2018/11/02/brett-kavanaugh-accuser-referred-fbi-doj-investigation/1863210002/ 'I was angry and I sent it': Another Kavanaugh accuser referred to FBI after recanting|work=USA Today|date=November 3, 2018]}}</ref>

==Possible perjury==
[[File:fratboys.jpg|thumb|right|Bart, meeting with his study group at Yale.]]
{{main|Perjury}}
{{cquote|"Do you know Bart O'Kavanaugh?"<BR>
"Yeah. He's around here somewhere."<BR>
"I heard he puked in someone's car the other night."<BR>
"Yeah. He passed out on his way back from a party."|||Mark Judge's thinly-veiled memoir<ref name=wasted>''Wasted: Tales of a GenX Drunk'' by Mark Gauvreau Judge (1997) Hazelden Publishing ISBN 1568381425.</ref>{{rp|52}}}}
{{cquote|…warn the neighbors that we're loud, obnoxious drunks with prolific pukers among us. Advise them to go about 30 miles…|||"Bart" (Brett Kavanaugh) in a 1983 letter to his buddies<ref>[https://www.nytimes.com/2018/10/02/us/brett-kavanaugh-georgetown-prep.html Kavanaugh's 1983 Letter Offers Inside Look at High School Clique] by Kate Kelly & David Enrich (Oct. 2, 2018) ''The New York Times''.</ref>}}

Even though Kavanaugh made a number of statements that could be interpreted as false statements or perjury during his Senate confirmation testimony,<ref>[https://www.huffingtonpost.com/entry/brett-kavanaugh-lies_us_5bb26190e4b027da00d61fcd All The Lies Brett Kavanaugh Told: The Supreme Court nominee fibbed throughout his entire confirmation hearing. Republicans don’t seem to care.] by Paul Blumenthal & Jennifer Bendery (10/01/2018 06:24 pm ET) ''Huffington Post''.</ref> Republicans seemed unconcerned that these alleged crimes could be used to later impeach Kavanaugh after his confirmation if [[Democrats]] retake control of Congress.<ref>[https://www.washingtonpost.com/politics/2018/10/04/if-kavanaugh-is-confirmed-impeachment-could-follow-heres-how/ With Kavanaugh confirmed, impeachment could follow. Here’s how.] by Deanna Paul (October 6 at 4:11 PM) ''The Washington Post''.</ref> Kavanaugh appears thinly-veiled as both Bart O'Kavanaugh and Bart Kavanaugh in his schoolmate Mark Judge's memoir, which would seem to put the lie to Kavanaugh portraying himself as a choirboy in school.<ref>https://www.newsweek.com/brett-kavanaugh-refuses-bart-okavanaugh-question-1142733</ref>

This is a list of alleged false and misleading statements made by Kavanaugh under oath:<ref>[https://www.businessinsider.com/all-the-times-kavanaugh-made-misleading-or-false-statements-under-oath-2018-10 Here are all the times Kavanaugh is suspected of misleading the Senate] by Eliza Relman (Oct. 4, 2018, 4:31 PM) ''Business Insider''.</ref><ref>[https://www.washingtonpost.com/amphtml/politics/2018/10/05/brett-kavanaughs-testimony-what-was-misleading-what-was-not/ Brett Kavanaugh’s testimony: What was misleading, what was not] by Glenn Kessler & Salvador Rizzo (October 5, 2018 at 3:00 AM) ''The Washington Post''.</ref>
*"I never attended a gathering like the one Dr. Ford describes."
*"All four witnesses who are alleged to be at the event said it didn't happen."
*"She and I did not travel in the same social circles."
*That he never [[Alcoholism|binge drank]] and never drank to the point of blacking out. However, Kavanaugh also said, "I liked [[beer]]. Still like beer."<ref name=Transcript>{{cite web|date=September 27, 2018|title=[https://www.washingtonpost.com/news/national/wp/2018/09/27/kavanaugh-hearing-transcript/?noredirect=on&utm_term=.f80563e42ff0 Kavanaugh hearing: Transcript]|work=The Washington Post}}</ref>
*That it was illegal for him to drink during high school
*His explanations of various phrases next to his high school yearbook photo ("Renate Alumnius", "Devil's Triangle", "[[Anal sex|Boofing]]", "Beach Week Ralph Club, Biggest Contributor"<ref>[https://archive.org/details/cupola-1983/page/n143 Cupola 1983] Georgetown Preparatory School, p. 189</ref>)
*Regarding his receipt of secret information on Democrats during his tenure in the Bush administration
*Regarding his personal involvement in the promotion of two controversial appeals court nominees while in the Bush administration, judges {{wpl|William H. Pryor Jr.}} and {{wpl|Charles W. Pickering Sr.}}
 
In addition, according to {{wpl|Vox_(website)|Vox|,}} Kavanaugh dodged many questions of the hearing, while Ford did not.<ref>{{cite news|title=[https://www.vox.com/policy-and-politics/2018/9/28/17914308/kavanaugh-ford-question-dodge-hearing-chart Every time Ford and Kavanaugh dodged a question, in one chart]|work=Vox|date=September 28, 2018}}</ref>

==Dismissal of complaints==
In December 2018, a federal judicial council dismissed some 83 complaints against Justice Brett Kavanaugh. These complaints accused Kavanaugh of making false statements during his September confirmation hearings, partisan bias, inappropriate judicial temperament, and disrespectful behavior towards members of the Senate Judiciary Committee. This does not come as a surprise, since legal experts have noted that the Judicial Conduct and Disability Act from 1980 excludes Supreme Court Justices. Congress at that time considered it unseemly that members of the high court be subject to rulings by a lower court. Supreme Court Justices may only be removed when impeached and convicted by Congress, which has never happened,<ref name="c-dismissed">[https://www.cnn.com/2018/12/18/politics/kavanaugh-complaints-dimissed/index.html Complaints against Brett Kavanaugh dismissed by federal judicial council]. CNN. December 18, 2018.</ref> though one was impeached and then acquitted by the Senate ({{wpl|Samuel Chase}}) and some lower-level federal judges have been removed by impeachment.<ref>[https://www.fjc.gov/history/judges/impeachments-federal-judges Impeachments of Federal Judges]. Federal Judicial Center.</ref>

In an essay for the ''Wall Street Journal'', Kavanaugh admitted that he was "very emotional" during his confirmation hearing and that he said things he should not have said.<ref name="c-dismissed"/> Yet, the things he said proved he does not have the emotional stability to be on the Supreme Court and therefore shouldn't have been confirmed.

==Kavanaugh stops==
Kavanaugh was the only justice to sign on to a concurring opinion that justified [[racial profiling]] by [[U.S. Immigration and Customs Enforcement|ICE]] immigration enforcement in widespread sweeps, arguing that being a US citizen kidnapped by ICE was a minor inconvenience (''sotto voce'', for people who look like himself). Such kidnappings have become known as "Kavanagh stops".<ref>[https://slate.com/news-and-politics/2025/12/judge-roasts-supreme-court-kavanaugh-stops.html A Judge Just Drew the Line on the Supreme Court’s Terrible “Kavanaugh Stops” Decision] by Dahlia Lithwick and Mark Joseph Stern (Dec 07, 2025•5:45 AM) ''Slate''.</ref><ref>[https://www.404media.co/how-a-us-citizen-was-scanned-with-ices-facial-recognition-tech/ How a US Citizen Was Scanned With ICE's Facial Recognition Tech] by Joseph Cox & Ashley Cleek (Dec 13, 2025 at 3:01 AM) ''404 Media''.</ref><ref>[https://www.supremecourt.gov/opinions/24pdf/25a169_5h25.pdf?ref=404media.co Kristi Noem, Secretary, Department of Homeland Security, et al. v. Pedro Vasquez Perdomo, et al.] (September 8, 2025) ''Supreme Court of the United States''.</ref> As of October 16, 2025, ICE had already kidnapped more than 170 US citizens.<ref>[https://www.propublica.org/article/immigration-dhs-american-citizens-arrested-detained-against-will We Found That More Than 170 U.S. Citizens Have Been Held by Immigration Agents. They’ve Been Kicked, Dragged and Detained for Days.] by Nicole Foy (October 16, 2025, 12:00 pm) ''ProPublica''.</ref>

==Notes==
<references group="note"/>

==References==
{{reflist|2|80%}}

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