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Bench Memos

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No “Leak Issue” for Kavanaugh



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I was surprised to read a couple recent postings that made oblique references to supposed allegations that Brett Kavanaugh, President Bush’s outstanding nominee to the U.S. Court of Appeals for the D.C. Circuit, might have engaged in leaks while working for Ken Starr’s independent-counsel investigation. It appears that some conservative radio commentators have been defending Kavanaugh against such supposed allegations. In fact, from what I have been able to determine, there is absolutely no “leak issue” concerning Kavanaugh.

I am reliably informed by a knowledgeable source that no one in the Senate or in the left-wing activist groups opposing the president’s judicial nominations has ever alleged any leaks by Kavanaugh. People for the [Un-]American Way’s lengthy screed against Kavanaugh’s nomination criticizes Kavanaugh for being a “Starr protégé” and, in reminding readers what a bad, bad man the admirable Starr was, asserts that “secret grand jury information was intentionally leaked by Starr’s office.” But, notwithstanding PAW’s general willingness to make elaborate leaps, its report does not in any way allege or even insinuate that Kavanaugh was responsible for any such leaks.

I am also reliably informed that any such allegations would be entirely baseless.

It is of course possible that, somewhere in the murky miasma of the loony left, someone is flinging such allegations against Kavanaugh. (It is also possible that Michael Moore and Oliver Stone are collaborating on a new pseudo-documentary implicating Kavanaugh in JFK’s assassination.) But it would be a serious disservice to Kavanaugh to give any such allegations any currency. Among other things, one can easily imagine Senate Democrats claiming that some new buzz about supposed leaks requires further investigation and delay.

Brett Kavanaugh was nominated nearly two years ago, on July 25, 2003. His Judiciary Committee hearing occurred more than one year ago, on April 27, 2004. It is long past time for this outstanding nominee to be confirmed.



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