Brett Kavanaugh and Judicial Temperament

Quotes by Justice Kavanaugh Regarding Judicial Temperament

THEN
NOW


March 30, 2015
Sept 27, 2018

Brett Kavanaugh and Judicial Temperament Then
Brett Kavanaugh and Judicial Temperament Now


#BrettKavanaugh 9/4/18: "The Supreme Court must never, never be viewed as a partisan institution." » #Kavanaugh 9/27/18: "There’s been a frenzy on the left…Revenge on behalf of the Clintons." #KavanaughHearing Click To Tweet

Quotes by Justice Kavanaugh Regarding Judicial Temperament

THEN

March 30, 2015 & Sept 4, 2018

Brett Kavanaugh and Judicial Temperament Then
“First and probably most obviously, [a judge should not be] a political partisan.”
- March 30, 2015

2015 Saint John XXIII Lecture at the Columbus School of Law

CUA Law School, April 1, 2015
The Judge as Umpire delivered by The Honorable Brett M. Kavanaugh

(retrieved 10/1/18)
starts at 12:55

“You have to check those political allegiances at the door when you become a judge.”
- March 30, 2015

2015 Saint John XXIII Lecture at the Columbus School of Law

CUA Law School, April 1, 2015
The Judge as Umpire delivered by The Honorable Brett M. Kavanaugh

(retrieved 10/1/18)
starts at 13:54

“It’s very important at the outset… to avoid any semblance of… partisanship.
- March 30, 2015

2015 Saint John XXIII Lecture at the Columbus School of Law

CUA Law School, April 1, 2015
The Judge as Umpire delivered by The Honorable Brett M. Kavanaugh

(retrieved 10/1/18)
starts at 14:28

“To be a good judge and a good umpire it’s important to have the proper demeanor. Really important, I think. To walk in the others’ shoes, whether it be the other litigants, the litigants in the case, the other judges. To understand them. To keep our emotions in check. To be calm amidst the storm. On the bench, to put it in the vernacular, don’t be a jerk. I think that’s important… In your opinions, to demonstrate civility — I think that’s important as well. To be a good umpire and a good judge, don’t be a jerk.”
- March 30, 2015

2015 Saint John XXIII Lecture at the Columbus School of Law

CUA Law School, April 1, 2015
The Judge as Umpire delivered by The Honorable Brett M. Kavanaugh

(retrieved 10/1/18)
starts at 19:07

“The Supreme Court must never, never be viewed as a partisan institution.”
- Sept 4, 2018

Washington Post, Sept. 4, 2018
Partisan fury bursts into the open as Kavanaugh hearings begin

(retrieved 10/1/18)


#BrettKavanaugh 3/30/15: "It’s very important…to avoid any semblance of…partisanship." » #Kavanaugh 9/27/18: "❲Democrats❳ have replaced advice and consent with search and destroy." Click To Tweet

NOW

Sept 27, 2018

Brett Kavanaugh and Judicial Temperament Now
“The Constitution gives the Senate an important role in the confirmation process, but you [Democrats] have replaced advice and consent with search and destroy. Since my nomination in July, there’s been a frenzy on the left to come up with something, anything to block my confirmation.”
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 3:20

“The behavior of several of the Democratic members of this committee at my hearing a few weeks ago was an embarrassment. But at least it was just a good old-fashioned attempt at Borking. Those efforts didn’t work. When I did at least OK enough at the hearings that it looked like I might actually get confirmed, a new tactic was needed. Some of you were lying in wait and had it ready. This first allegation was held in secret for weeks by a Democratic member of this committee, and by staff. It would be needed only if you couldn’t take me out on the merits. When it was needed, this allegation was unleashed and publicly deployed over Dr. Ford’s wishes. And then — and then as no doubt was expected — if not planned — came a long series of false last-minute smears designed to scare me and drive me out of the process before any hearing occurred.”
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 5:19

“This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election. Fear that has been unfairly stoked about my judicial record. Revenge on behalf of the Clintons.”
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 6:56

“I will not be intimidated into withdrawing from this process. You’ve tried hard. You’ve given it your all. No one can question your effort, but your coordinated and well-funded effort to destroy my good name and to destroy my family will not drive me out.”
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 6:56

“I – my family’s been destroyed by this, senator, destroyed!… It’s an — it’s an outrage that I was not allowed to come and immediately defend my name.”[1]
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 1:04:32

“You [Senator Patrick Leahy] like, make — make fun of some guy who has an addiction.”[2]
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 1:33:14

“I like beer. I like beer. I don’t know if you do. Do you like beer, Senator [Sheldon Whitehouse], or not? What do you like to drink? Senator, what do you like to drink?”[3]
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 1:55:19

“You’re asking ❲if I had a drinking❳ blackout. I don’t know. Have you [Senator Amy Klobuchar]?”[4]
Sept 27, 2018 -

Senate Judiciary Committee Supreme Court Confirmation Hearing

Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript

(retrieved 7/16/18)
starts at 2:09:03


#BrettKavanaugh 3/30/15: "❲A judge should not be❳ a political partisan." » #Kavanaugh 9/27/18: "The behavior of several…Democratic members…was an embarrassment." #KavanaughHearing Click To Tweet

Context

Context of:

I — my family’s been destroyed by this, senator, destroyed!… It’s an — it’s an outrage that I was not allowed to come and immediately defend my name.

Senator Diane Feinstein: Judge Kavanaugh, it’s my understanding that you have denied the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick. Is that correct?

Kavanaugh: Yes.

Feinstein: All three of these women have asked the FBI to investigate their claims. I listened carefully to what you said. Your concern is evident and clear. And if you’re very confident of your position, and you appear to be, why aren’t you also asking the FBI to investigate these claims?

Kavanaugh: Senator, I’ll do whatever the committee wants. I wanted a hearing the day after the allegation came up. I wanted to be here that day. Instead, 10 days passed where all this nonsense is coming out, you know, that I’m in gangs, I’m on boats in Rhode Island, I’m in Colorado, you know, I’m sighted all over the place. And these things are printed and run, breathlessly by cable news. You know, I wanted a hearing the next day. I — my family’s been destroyed by this, senator, destroyed!

Feinstein: And — and I’m — and I’m very…

Kavanaugh: And — and whoever wants — you know whatever the committee decides, you know, I’m — I’m — I’m all in.

Feinstein: But the question is…

Kavanaugh: Immediately. I’m all in immediately.

Feinstein: …know. And the terrible and hard part of this is when we get an allegation, we’re not in a position to prove it or disprove it; therefore, we have to depend on some outside authority for it. And it would just seem to me, then, when these allegations came forward, that you would want the FBI to investigate those claims and clear it up once and for all.

Kavanaugh: Senator, the committee investigates. It’s not for me to — to say how to do it. But just so you know, the FBI doesn’t reach a conclusion. They would give you a couple 302s that just tell you what we said. So I’m here. I wanted to be here — I wanted to be here the next day. It’s an — it’s an outrage that I was not allowed to come and immediately defend my name, and say I didn’t do this, and give you all this evidence. I’m not even — I’m not even in D.C. on the weekends in the summer of 1982. This happened on a weekday? Well, is it — when — when I’m not at a Blair High School for a summer league game, I’m not at Tobin’s house working out, I’m not at a movie with Suzanne? You know, I wanted to be here right away.

Feinstein: Well, the difficult thing is that it — the — these hearings are set and — set by the majority. But I’m talking about getting the evidence and having the evidence looked at. And I don’t understand — you know, we hear from the witnesses. But the FBI isn’t interviewing them and isn’t giving us any facts. So all we have…

Kavanaugh: You’re interviewing me!

Feinstein: …is what they say.

Kavanaugh: You’re interviewing me! You’re — you’re doing it, senator. I’m sorry to interrupt…

Feinstein: Well…

Kavanaugh: …but you’re doing it. That’s — the — the — there’s no conclusions reached.

Feinstein: And — and what you’re saying, if — if I understand it, is that the allegations by Dr. Ford, Ms. Ramirez and Ms. Swetnick are — are wrong?

Kavanaugh: That — that is emphatically what I’m saying! Emphatically! The Swetnick thing is a joke! That is a farce!

Feinstein: Would you like to say more about it?

Kavanaugh: No.

Feinstein: OK. That’s it. Thank you, Mr. Chairman.

[ Note: This was the first instance where, when asked multiple times by multiple senators whether he wanted an FBI investigation into the allegations against him to clear his name, Kavanaugh refused to answer.1Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript
retrieved 10/1/2018
]


Context of:

You like, make — make fun of some guy who has an addiction.

Senator Patrick Leahy: The author of a book titled, “Wasted: Tales of a Gen X Drunk.” He references a Bart O’Kavanaugh vomiting in someone’s car during Beach Week and then passing out. Is that you that he’s talking about?

Kavanaugh: Senator, Mark Judge was…

Leahy: To your knowledge, is that you that he’s talking about?

Kavanaugh: I’ll explain it if you let me.

Leahy: Proceed, please.

Kavanaugh: Mark Judge was a friend of ours in high school who developed a very serious drinking problem, an addiction problem that lasted decades and was very difficult for him to escape from. And he nearly died. And then developed — then he had leukemia as well, on top of it. Now, as part of his therapy — or part of his coming to grips with sobriety, he wrote a book that is a fictionalized book and an account. I think he picked out names of friends of ours to throw them in as kind of close to what — for characters in the book. So, you know, we can sit here…

Leahy: So you don’t know — you don’t know whether that’s you or not?

Kavanaugh: … we can sit here and you like, make — make fun of some guy who has an addiction.

Leahy: I’m not making…

Kavanaugh: I don’t think that really makes — is really good…

Leahy: Judge Kavanaugh, I’m trying to get a straight answer from you under oath. Are you Bart O’Kavanaugh that he’s referring to, yes or no? That’s it…

Kavanaugh: You’d have to ask him.

Leahy: Well, I agree with you there. And that’s why I wish that the chairman had him here under oath… We got a filibuster but not a single answer.


Context of:

I like beer. I like beer. I don’t know if you do. Do you like beer, Senator, or not? What do you like to drink? Senator, what do you like to drink?

Senator Sheldon Whitehouse: So the vomiting that you reference in the Ralph Club [high school yearbook] reference, related to the consumption of alcohol?

Kavanaugh: Senator, I was at the top of my class academically, busted my butt in school. Captain of the varsity basketball team. Got in Yale College. When I got into Yale College, got into Yale Law School. Worked my tail off.

Whitehouse: And did the world “ralph” you used in your yearbook…

Kavanaugh: I already — I already answered…

Whitehouse: …refer to alcohol?

Kavanaugh: …the question. If you’re…

Whitehouse: Did it relate to alcohol? You haven’t answered that.

Kavanaugh: I like beer. I like beer. I don’t know if you do…

Whitehouse: OK.

Kavanaugh: …do you like beer, Senator, or not?

Whitehouse: Um, next…

Kavanaugh: What do you like to drink?

Whitehouse: Next one is…

Kavanaugh: Senator, what do you like to drink?


Context of:

You’re asking about, you know, blackout. I don’t know. Have you?

Senator Amy Klobuchar: OK. Drinking is one thing, but the concern is about truthfulness, and in your written testimony, you said sometimes you had too many drinks. Was there ever a time when you drank so much that you couldn’t remember what happened, or part of what happened the night before?

Kavanaugh: No, I — no. I remember what happened, and I think you’ve probably had beers, Senator, and — and so I…

Klobuchar: So you’re saying there’s never been a case where you drank so much that you didn’t remember what happened the night before, or part of what happened.

Kavanaugh: It’s — you’re asking about, you know, blackout. I don’t know. Have you?

Klobuchar: Could you answer the question, Judge? I just — so you — that’s not happened. Is that your answer?

Kavanaugh: Yeah, and I’m curious if you have.

Klobuchar: I have no drinking problem, Judge.

Kavanaugh: Yeah, nor do I.


#BrettKavanaugh 3/30/15: "To be a good judge…it’s important to have the proper demeanor." » #Kavanaugh 9/27/18: "I like beer. I like beer. I don’t know if you do. Do you like beer, Senator, or not?" Click To Tweet