Yeomans Work: The Kavanaugh Cover-Up

WASHINGTON, D.C., October 2, 2018 –  In the latest edition of Yeomans Work, AFJ Senior Justice Fellow Bill Yeomans writes, “Since Trump announced his nomination, Brett Kavanaugh’s confirmation campaign has been defined by an obvious effort to prevent the Senate and public from learning about large chunks of his professional and personal life.”  He adds that this cover-up now includes Kavanaugh’s lies during a hearing on sexual assault allegations against him, and the unrealistically rushed FBI probe under way.  Yeomans observes that the concealment of aspects of Kavanaugh’s record and behavior “has morphed into a desperate effort to get Kavanaugh on the Court before the Senate and public learn more disqualifying facts.”

The FBI background investigation called for by Sen. Jeff Flake comes in for special scrutiny, as Yeomans points out that the accelerated schedule “means senators will have no time to study the results of the FBI investigation.  Indeed, there is no process for the Senate to engage in meaningful evaluation of the FBI’s product.  Had the Republicans not already forced the nomination out of committee, the FBI could report to the committee, which could then schedule interviews and hearings to receive testimony from the FBI and any significant fact witnesses.  If Republicans were truly interested in taking the FBI’s findings seriously, they could refer the nomination back to committee. Otherwise, the FBI will send incomplete information to the Senate for instantaneous evaluation by each individual senator before a floor vote without committee input.”

Sadly, Yeomans writes, both the Senate and the Court will be worse off if the Kavanaugh cover-up effort succeeds.

Yeomans Work focuses on the challenges to the justice system in the era of  Trump. Bill Yeomans is available for media interviews. Contact Laurie Kinney, Communications Director, at laurie@afj.org or 202-464-7367.