The Washington Post is reporting that Chief Justice John G. Roberts Jr. has received more than a dozen judicial misconduct complaints in recent weeks against Brett M. Kavanaugh and held them until Kavanaugh was confirmed as a Supreme Court justice on Saturday, and not to referring them to a judicial panel for investigation as they should have been.
Sources say the Judge, Karen LeCraft Henderson, who sits on the court on which Kavanaugh serves — passed on to Roberts a string of complaints the court received starting three weeks ago.
In a statement Saturday, Henderson said the complaints centered on untruthful statements Kavanaugh made during his Senate confirmation hearings.
Under the law, “any person may file a misconduct complaint in the circuit in which the federal judge sits,” she said in the statement. The complaints seek investigations only of the public statements he has made as a nominee to the Supreme Court of the United States.”
People familiar with the matter say the allegations made in the complaints — that Kavanaugh was dishonest and lacked judicial temperament during his Senate testimony.
Roberts’s decision not to immediately refer the cases to another appeals court has caused concern in the legal community. Now that he has been confirmed, the details of the complaints may not become public and instead may be dismissed, legal experts say. Supreme Court justices are not subject to the misconduct rules governing these claims.
Kathleen Arberg, a spokeswoman for the Supreme Court, declined to comment, citing judicial rules requiring confidentiality for misconduct complaints.
Roberts, an appointee of President George W. Bush, has for many years hired Kavanaugh clerks to work for him at the Supreme Court. Bush credits Kavanaugh in his book with helping him choose Roberts for the high court when Kavanaugh was a White House lawyer.
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Brett Kavanaugh defended his nomination to the Supreme Court in his opening statement at the Senate Judiciary hearing on Thursday, calling efforts to derail his confirmation process a “grotesque and coordinated character assassination” fueled by people’s hatred of President Donald Trump and funded by left-wing opposition groups. “I’ve never sexually assaulted anyone, not in high school, not in college, not ever,” Vaughan said fighting back faux tears and badly timed breaks for water to add dramatic effect.
In the letter, the woman alleged that, during an encounter at a party, Kavanaugh held her down, and that he attempted to force himself on her. She claimed in the letter that Kavanaugh and a classmate of his, both of whom had been drinking, turned up music that was playing in the room to conceal the sound of her protests, and that Kavanaugh covered her mouth with his hand. She was able to free herself. Although the alleged incident took place decades ago and the three individuals involved were minors, the woman said that the memory had been a source of ongoing distress for her, and that she had sought psychological treatment as a result.”
Senator Diane Feinstein ignited controversy Thursday by releasing a statement saying she turned information about Kavanaugh over to the FBI. She did not detail the accusation, and Republicans accused her of trying to orchestrate a last-minute smear.
The woman referenced in the letter has yet to be identified, but is being represented by Debra Katz, a whistleblower attorney who works with #MeToo survivors, according to The Intercept.
Kavanaugh in a release statement said: “I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time.”
Sen. Cory Booker,said Thursday that he was ready to risk expulsion from the Senate to expose the “sham” of confirmation hearings for Supreme Court nominee Brett Kavanaugh.
Booker, backed up by Democratic Sen. Mazie Hirono of Hawaii, released emails — designated by the Judiciary Committee as “confidential” — that reference Kavanaugh’s position on racial profiling and thoughts on Roe v. Wade dating from his time as a White House official under President George W. Bush.
“I understand the penalty comes with potential ousting from the Senate. … I openly invite and accept the consequences of my team releasing that email right now. Bring it.” Booker said.
Later in the meeting all the Democrats on the committee supported Booker’s decision and invited any retaliation the GOP could bring forth in the Senate.
Blowhard GOP Sen. John Cornyn said before Booker released the documents that if he went ahead, he would be committing an offense that would be tantamount to releasing classified information.
“Running for president is not an excuse for violating the rules of the Senate,” the Texas Republican told Booker. “No senator deserves to sit on this committee, or serve in the Senate in my view, if they decide to be a law unto themselves and willingly flout the rules of the Senate.”
Booker said he doubted Cornyn would follow through on his threats.
“I think he’s like a lot of bullies are: a lot of talk no action.”