Based on the new information that has surfaced about Judge Brett Kavanaugh, I have some additional thoughts. Instead of taking an adversarial position, Kavanaugh could ask President Trump to order an FBI investigation of the claims of sexual assault. That would help resolve the controversy and put the facts on the table. If President Trump refused, he could withdraw his name from consideration for the nomination. That action would say a lot about the integrity of the nominee and would be exactly the type of person I would like to see as a Justice on the US Supreme Court.
Additionally, any Senator who votes to push through the nomination of Judge Kavanaugh before reviewing the facts and allowing for ‘due process’, undermines an important historic role of the Senate. Again, it promotes his/her private agenda and makes them complicit in what appears like a possible cover-up.
I am strongly in favor of being Open, Honest and Transparent (OHT), and I am really bothered by the decision that has been made to exclude a considerable amount of evidence from Judge Brett Kavanaugh’s confirmation hearing to be a Justice on the US Supreme Court.
The information is related to Judge Kavanaugh’s two-year experience on the White House Counsel’s Office, and later as staff secretary of President George W. Bush. The documents, which are held by the National Archives and subject to release under the Presidential Records Act, are currently under review for release under that Act. The White House turned down the Senate Judiciary Committee’s request to see over 100,000 pages of documents related to Judge Kavanaugh’s experience, citing executive privilege.
The decision not to provide that information has the appearance of being a cover-up in order to help guarantee Judge Kavanaugh’s appointment. There is a simple way around the problem, one which makes it clear that everyone is being open, honest and transparent. Judge Kavanaugh could simply say that he wants the material to be considered in the review. He could add, that if the request is denied he will withdraw his name from consideration.
If Judge Kavanaugh does not take that position, it makes him appear to be complicit in the appearances of a cover-up. Under those circumstances, any Senator who votes for his confirmation becomes a party to the appearances of a cover-up as well .
Should Judge Kavanaugh refuse to follow through on this suggestion, it opens up the question “Is that the type of person we want to be a Justice on our Supreme Court, the highest court in the land?”
Apparently the old small-d democratic rule, “Majority rule with minority security” no longer applies. We are all part of the Hive, living in “One World” as part of United Nations. Let’s make that fantasy a reality.