Senate Majority Leader Mitch McConnell, as you likely know, has re-thought his principled position on consideration of Supreme Court nominees. Previously, he was adamant that Senate hearings were not appropriate before the American people had spoken in an election. Now, of course, he is anxious for a speedy confirmation, before the upcoming election, of the latest nominee. That candidate, Brett Kavanaugh, has had his own evolution of a firmly-held belief. In 2009, he wrote about bringing criminal charges against a sitting president. His opinion no doubt strengthened his perceived qualifications to join the Supreme Court.
“In particular, Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.”
Decades earlier, Kavanaugh had a different view. He was the main author of the salacious Kenneth Starr report (released September 11, twenty years ago), the culmination of Starr’s years-long, $70 million investigation, beginning with a failed Clinton land deal and meandering its way to the death of Vince Foster, the firing of White House travel agents and finally to Bill Clinton’s sexual peccadillos. Kavanaugh was Starr’s cheerleader, urging him on:
“But in my view, given what we know, the interests of the Office of the President would be best served by our gathering the full facts regarding the actions of this President so that the Congress can decide whether the interests of the Presidency would be best served by having a new President.”
Kavanaugh was so intent on gathering the full facts, that he sent to Starr a list of questions to ask the President. Here is a sampling: (Cover your children’s eyes.)
- If Monica Lewinsky says that you inserted a cigar into her vagina while you were in the Oval Office area, would she be lying?
- If Monica Lewinsky says that you had phone sex with her on approximately 15 occasions, would she be lying?
- If Monica Lewinsky says that on several occasions in the Oval Office area, you used your fingers to stimulate her vagina and bring her to orgasm, would she be lying?
- If Monica Lewinsky says that she gave you oral sex on nine occasions in the Oval Office area, would she be lying?
- If Monica Lewinsky says that you ejaculated into her mouth on two occasions in the Oval Office area, would she be lying?
- If Monica Lewinsky says that on several occasions you had her give oral sex, made her stop, and then ejaculated into the sink in the bathroom off the Oval Office, would she be lying?
- If Monica Lewinsky says that you masturbated into a trashcan in your secretary’s office, would she be lying?
Brett Kavanaugh and Clarence Thomas will no doubt have a good time swapping stories.