There are new reports that Supreme Court Justice Brett Kavanaugh is now being investigated for possible perjury charges.
“Chief Justice John Roberts received more than a dozen judicial misconduct complaints in recent weeks against Brett M. Kavanaugh, who was confirmed as a Supreme Court justice Saturday, but did nothing about them.”
At the time we thought that Roberts had completely ignored the complaints, and nothing would come of them. Since Kavanaugh is now on the Supreme Court, we assumed the complaints would be buried and forgotten.
But, as it turns out, Roberts didn’t simply decide to bury the complaints after all. He’s posted a public letter referring the complaints against Kavanaugh to another court. Although the letter doesn’t mention Kavanaugh by name, it has been confirmed that Roberts is referring to Kavanaugh in the letter.
This means that Roberts has now referred allegations of judicial misconduct claims against Justice Brett Kavanaugh to outside judges for investigation. The letter was sent to the U.S. Court of Appeals for the Tenth Circuit in Denver, Colorado.
Judge Karen LeCraft Henderson, a George H.W. Bush nominee, had originally forwarded the complaints to the chief justice.
“The situation is highly unusual, legal experts and several people familiar with the matter said,” The Washington Post wrote on Saturday. “Never before has a Supreme Court nominee been poised to join the court while a fellow judge recommends that a series of misconduct claims against that nominee warrant review.”
Although Chief Justice Roberts had been sitting on the complaints for weeks, refusing to take any action before Kavanaugh was confirmed, that has now changed.
“Supreme Court Chief Justice John Roberts is asking federal judges outside the beltway to investigate complaints over statements made by now-Justice Brett Kananaugh during his contentious nomination,” Fox News host Brett Baier told his viewers on Wednesday.
“Roberts says he received the ethics complaints beginning September 20th, but did not act on referrals until today,” Baier added without giving an explanation for the delay.
Clearly Roberts could have made these complaints disappear by not referring them. Instead, by making an official referral to the U.S. Court of Appeals, Roberts is in effect opening an investigation into Brett Kavanaugh.
Based on the nature of the complaints, it appears that the misconduct investigation will look into possible perjury by the new Supreme Court Justice. Many different people have said that his sworn testimony before the Senate Judiciary Committee was not truthful, and in fact Kavanaugh might have committed perjury.
It is significant that Roberts has placed the new Kavanaugh judicial misconduct investigation into the hands of senior judges who are removed from politics. This assures an independent and unbiased review of the charges against him.
It appears that Chief Justice Roberts has done the right thing. Instead of burying perjury complaints he has made sure a judicial misconduct investigation will be pursued.
If the Democrats take control of the House after the November elections they will launch an investigation into Kavanaugh as soon as they take office in January. They will be able to make a criminal referral against Kavanaugh for lying under oath to Congress. They will be able to make their findings public.
At this time we don’t know how the judicial misconduct investigation will play out, or how it might affect future congressional investigations. But we do know that the charges of perjury against Justice Brett Kavanaugh will not be forgotten. They may someday come back to haunt him, and he may finally get the justice that he so richly deserves.
Editor’s Note: An investigation has not been “opened,” as has been inaccurately reported elsewhere. Roberts referred the allegations to a lower court, which is expected to dismiss the claims against Kavanaugh. Source: The Washington Post