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Judge Brett Kavanaugh has served 12 years as a federal appeals court judge in the second most powerful court in the U.S., the D.C. Circuit Court of Appeals, but he has never left his real job, as a highly political spear carrier for the Grand Old Party, the Republicans.

Judge Kavanaugh

Kavanaugh's father, E. Edward Kavanaugh, was for over two decades the president of the Cosmetic, Toiletry and Fragrance Association, a D.C. trade (lobbying) group, and his mother Martha, after being a Washington public school teacher, became a state prosecutor and then a state trial court judge.

After Catholic private schools in D.C. , an undergraduate career as a Yalie, and law school at the usual place for Supreme Court picks these days, Yale, Kavanaugh clerked for a Third Circuit Judge in Philadelphia, then a Republican Ninth Circuit Judge, Alex Kosinski, followed by a Supreme Court clerkship with Justice Anthony Kennedy (whom he would replace on the Supreme Court if confirmed).

Kavanaugh then worked for Kenneth Starr on the investigation of the Vince Foster suicide in 1994, and after a short time at the Justice Department and in private practice (where he never tried a legal case), he returned to the warm embrace of Kenneth Starr to work on the Republican-initiated impeachment proceedings regarding President Bill Clinton in 1998.

Kavanaugh really got caught up in the dirt ejaculated in these proceedings regarding President Clinton's involvement with Paula Jones and Monica Lewinsky.

Kavanaugh really got caught up in the dirt ejaculated in these proceedings regarding President Clinton's involvement with Paula Jones and Monica Lewinsky. In a memo to Kenneth Starr dated August 15, 1998, Judge Kavanaugh stated that he was "strongly opposed to giving the President any 'break' in the questioning regarding the details of the Lewinsky relationship—unless before his questioning on Monday, he either (i) resigns or (ii) confesses perjury and issues a public apology to you."

He proceeds to suggest a number of questions to ask President Clinton:

  • "If Monica Lewinsky says that you inserted a cigar into her vagina while you were in the Oval Office area, would she be lying?"
  • "If Monica Lewinsky says that on several occasions in the Oval Office area, you used your fingers to stimulate her vagina and bring her to orgasm, would she be lying?"
  • "If Monica Lewinsky says that she gave you oral sex on nine occasions in the Oval Office area, would she be lying?"
  • "If Monica Lewinsky says that you ejaculated into her mouth on two occasions, would she be lying?"
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  • "If Monica Lewinsky says that you masturbated into a trashcan in your secretary's office, would she be lying?"

I guess we know where Judge Kavanaugh's mind was when he wrote this memo.

When the 2000 Presidential election ended up in the courts in Florida over the recount efforts there, Kavanaugh was instrumental in helping to "elect" George Bush as President. After the Supreme Court in Bush v Gore handed the Presidency to Bush, he was rewarded by a job at the White House in the Office of the Counsel to the President.

He remained at the White House for five and one half years, moving from the White House Counsel's Office to the position of Staff Secretary to President Bush, being the gatekeeper for all documents the President saw, and handling all documents that left his office. No one was closer to W during the years he occupied this position. In 2006, after a long and controversial nomination process, he was finally confirmed for a lifetime appointment to the D.C. Circuit Court of Appeals.

His wife Ashley was Personal Secretary to President Bush when he was Staff Secretary to the President, and they married during his time there.

The Confirmation Hearing

Most of the documents generated by or passing through Kavanaugh in his Staff Secretary position have not been produced for examination by the Democratic Senators on the Judiciary Committee evaluating whether or not to confirm his Supreme Court nomination. It is said by the Republicans on the Committee that these documents are President Bush's to release to the Committee, but W apparently has no objection. It is the Republicans on the Committee who are prohibiting the use of the documents generated over this three year period in the confirmation proceedings. Thus there is a three-year black hole in Kavanaugh's record as a public servant, which are being suppressed by the Republicans. What are they hiding?

Kavanaugh is a very intelligent, dignified judge who has authored over 300 opinions during his 12 years on the D.C. Circuit. He has shown a consistently conservative bent in his opinions. In the areas of abortion rights, gun control, regulation of business, and Presidential immunity, he has shown in his opinions to be a reliable conservative who would push the Supreme Court farther to the right if confirmed.

One area of inquiry so far in the confirmation hearings is being pursued by Patrick Leahy, a Senator for over 40 years, who questioned Kavanaugh on his dealings with a staffer working for Republican Senator Orrin Hatch, who hacked into emails and documents of Senator Leahy and leaked them to Kavanaugh when he was in the White House Counsel's Office in 2003, in the midst of hearings to approve a federal judge nominee. Kavanaugh appeared to be flustered when he was examined on this matter by Senator Leahy. The Senator complained that the relevant documents had been prevented by the Republican Chair of the Judiciary Committee from being made public or even being able to be shown to the nominee.

More to come in the days ahead...

Things in the Trump Administration are coming totally unglued. And remember my prediction: Special Counsel Mueller will reveal sweeping indictments of many Trump Administration officials (and even his children), regarding Russian money laundering, collusion, obstruction of justice, and violations of the Emoluments Clause of the Constitution. He will also name Trump, Pence and Putin as unindicted co-conspirators. This will all happen on Friday, September 14, 2018.

I won't be here to witness this. I will be in Russia, and hopefully will be allowed to return.

ted vaill

Ted Vaill