At this point, my position on Brett Kavanaugh’s nomination is quite simple: you cannot flagrantly violate a sworn oath and be placed on the Supreme Court. Someone who lies to the Senate in sworn testimony is not just unqualified to be a justice, but they should not be any kind of judge at all. Judges must take oaths seriously, because if they treat them as meaningless, then it’s unclear why they should mean anything to anybody. If Brett Kavanaugh lied to the Senate in his testimony, his nomination must be withdrawn, and he must be impeached and removed from office. Alger Hiss was sent to prison when he lied to Congress, Roger Clemens was prosecuted just for allegedly lying to Congress about baseball. I do not think there is much room for disagreement about this principle. Here, from the transcript:
GRASSLEY: Do you affirm that the testimony you’re about to give before the committee will be the truth, the whole truth and nothing but the truth, so help you God?
KAVANAUGH: I do.
We know Brett Kavanaugh violated this solemn oath. We know this definitively. We know that his sworn testimony was riddled with both outright falsehoods and deceptive half-truths. Kavanaugh said he never attended a gathering like the one Dr. Ford described. She described a small drinking evening with Kavanaugh, Mark Judge, PJ, and at least one other boy. Kavanaugh’s attendance at such a gathering is proved by his own calendar. Kavanaugh said the witnesses Ford lists “all say it didn’t happen.” That’s false. They didn’t say that. I could go on here, but I’ve already produced 10,000 words on it and I don’t think anybody is eager for more.