Kavanaugh is pressed on the knowledge of Bush-Era conflicts

However, Mr. Leahy also said that the committee had received other documents shedding additional light on Judge Kavanaugh's interactions with Mr. Miranda, suggesting that a "confidential" democrat file could be contained.

Mr. Leahy also referred to the testimony of Judge Kavanaugh distancing himself from the knowledge of a National Security Agency-mandated surveillance program called Stellarwind. In May 2006, after asking questions about what Judge Kavanaugh saw in his role as Staff Secretary from 2003 to 2006, Mr. Leahy asked if he had seen or heard anything about the "NSA program". wiretapping without warranty ".

Judge Kavanaugh had said he had learned in a December 2005 article from The Times.

But on Wednesday, Leahy suggested that a "confidential" e-mail could show that in 2001 Justice Kavanaugh asked John Yoo, a Justice Department lawyer who wrote secret notes granting the program a broad theory. and controversial executive power. , to answer questions about the constitutionality of warrantless surveillance.

In an email, Mr. Yoo – now a professor at the University of California at Berkeley Law School – denied this, writing, "Kavanaugh was not aware of Stellarwind or any other counter-terrorism monitoring program in which Department . I have never had a conversation with Kavanaugh about these programs, nor even about the general subject of presidential power and electronic surveillance. Already."

Nevertheless, Mr. Leahy referred to a memo from Mr. Yoo dated September 17, 2001, addressed to Timothy Flanagan, then Deputy White House Advisor, entitled "Constitutional Standards on Random Electronic Monitoring for Counterterrorism Purposes". ". warrantless surveillance program, according to a declassified report from the Inspector General of the Department of Justice that described this note as a draft of a memo of October 4, 2001 in which Mr. Yoo blessed the l & # 39; permission from Mr. Bush on the day of the Stellarwind program.

Later on Wednesday, a stranger provided The Times with what appeared to be the email Mr. Leahy had referred to. Marked "confidential committee", the message seemed to have been sent by Judge Kavanaugh to Mr. Yoo at 3:28 am on September 17, 2001, copying Mr. Flanagan's blind, asking if there were "still any results "on the Fourth Amendment Implications of" random / constant monitoring of telephone and electronic conversations of non-citizens in the United States "to prevent terrorist or criminal violence.

At the hearing, Mr. Leahy had urged Judge Kavanaugh to say he had already asked questions "about the constitutional implications of a warrantless surveillance program" with Mr. Yoo in 2001 .