I previously explained that Judge Kavanaugh provided misleading testimony in his previous confirmation hearing.
Kavanaugh testified that he had no role in the Bush administration terrorist interrogation and torture program. A year after his confirmation, NPR reported Brett Kavanaugh may have been less-than-forthright with Congress at a crucial hearing last year to confirm his appointment to a seat on the powerful federal appeals court in Washington, D.C. Federal Judge Downplayed Role in Detainee Cases.
In fact, in 2002, Kavanaugh and a group of top White House lawyers discussed whether the Supreme Court would uphold the Bush administration’s decision to deny lawyers to American enemy combatants. Kavanaugh advised the group that the Supreme Court’s swing voter, Justice Anthony Kennedy, would probably reject the president’s assertion that the men were not entitled to counsel. Kavanaugh had worked as a clerk for Kennedy. That meeting was first reported in The Washington Post. NPR independently confirmed the details with multiple sources.
Durbin now says he feels “perilously close to being lied to” at Kavanaugh’s confirmation hearing.