Prosecution could reveal a treasure trove of unpublished Kavanaugh WH documents



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<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "New details have appeared on potentially thousands of emails from Brett Kavanaugh at the White House and other documents related to the hacking scandal in the Senate since the beginning of George W. Bush 's administration and from the US. Other controversial topics that were not disclosed in the Senate, according to Democratic senators about the Judiciary Committee."data-reactid =" 22 ">New details have appeared on potentially thousands of emails from Brett Kavanaugh at the White House and other documents related to the hacking scandal in the Senate since the beginning of George W. Bush 's administration and from the US. Other controversial topics that were not disclosed in the Senate, according to Democratic senators about the Judiciary Committee.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "The undisclosed documents, which date from the time of Kavanaugh at the White House, are expected to be produced in the coming weeks as a result of two lawsuits under the Freedom of Information Act, the One prosecuted by Democratic senators sitting on the Judiciary Committee and the other by a privacy group. , the Electronic Data Protection Center (EPIC). The publication of documents is always subject to the approval of the White House and other consultations. "data-reactid =" 23 ">The undisclosed documents, which date from the time of Kavanaugh at the White House, are expected to be produced in the coming weeks as a result of two lawsuits under the Freedom of Information Act, the One prosecuted by Democratic senators sitting on the Judiciary Committee and the other by a privacy group. , the Electronic Data Protection Center (EPIC). The publication of documents is always subject to the approval of the White House and other consultations.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "The hacking scandal in the Senate involved an assistant to the Republican Judiciary Committee, Manny Miranda, who, according to a senior official investigation, infiltrated the electronic files of the Democrats on the committee with the help of a co-conspirator, James Lundell, and passed the information to other senators, to the White House, and to columnists of Friendly opinions over a period of years. The stolen material contained, among other things, research and questions prepared by the Democrats for candidates to the judiciary."data-reactid =" 24 ">The hacking scandal in the Senate involved an assistant to the Republican Judiciary Committee, Manny Miranda, who, according to a senior official investigation, infiltrated the electronic files of the Democrats on the committee with the help of a co-conspirator, James Lundell, and passed the information to other senators, to the White House, and to columnists of Friendly opinions over a period of years. The stolen material contained, among other things, research and questions prepared by the Democrats for candidates to the judiciary.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "While Kavanaugh is scheduled for a final confirmation vote on the weekend or early next week, the documents authorized by the FOIA prosecution are likely to be released too late for Senators to consider. ."data-reactid =" 25 ">While Kavanaugh is scheduled for a final confirmation vote on the weekend or early next week, the documents authorized by the FOIA prosecution are likely to be released too late for Senators to consider. .

"This shows how little we know about Judge Kavanaugh's record," said Senator Patrick Leahy, D-Vt. In a statement. "More than 90% of its White House archives remain hidden. The fact that he seems to have had so many conversations about something he has denied being involved with under oath raises even more questions, "said Leahy, citing the hacking scandal in the Senate.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Tabulations provided to Democratic Senators and EPIC by officials of the National Archives and Records Administration before the potential production of documents show that only a fraction of Kavanaugh's correspondence related to several controversial topics discussed in his confirmation hearings was made available to senators, according to Democrats sitting on the committee. The tables indicate that the undisclosed documents relate to the hacking scandal in the Senate of the Bush era; Kavanaugh's interactions with lawyer John Yoo in the weeks following the terrorist attacks of September 11, 2001; and Kavanaugh's work on the USA Patriot Act and various national monitoring programs, airport control programs, and other privacy-related topics."data-reactid =" 27 ">Tabulations provided to Democratic Senators and EPIC by officials of the National Archives and Records Administration before the potential production of documents show that only a fraction of Kavanaugh's correspondence related to several controversial topics discussed in his confirmation hearings was made available to senators, according to Democrats sitting on the committee. The tables indicate that the undisclosed documents relate to the hacking scandal in the Senate of the Bush era; Kavanaugh's interactions with lawyer John Yoo in the weeks following the terrorist attacks of September 11, 2001; and Kavanaugh's work on the USA Patriot Act and various national monitoring programs, airport control programs, and other privacy-related topics.

The tables for the EPIC, detailed in the table below, were based on a subset of the archives requested by the National Archives privacy protection group, according to Alan Butler, Legal Director of the National Archives. peak. In negotiations with EPIC, the National Archives agreed to first compile the records of the Judiciary Committee's request that it had identified as being open to public inspection and subject to a final 60-day review by the former Presidents Bush and Trump. These documents, already identified by the National Archives for publication, are reflected in the table below. "This further highlights the fact that there is important information awaiting publication," Butler said. "That's why we called the Senate to postpone the vote on Kavanaugh's appointment."

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "The Democratic assistants compared the National Archives totals for these topics to those they received shortly before the Judicial Committee hearings, in an unprecedented process overseen by President George W. Bush's lawyer and Former Kavanaugh MP William A. Burck. The Democratic assistants found that the number of National Archives was considerably higher in some cases. "However, Butler, the legal director of the EPIC, pointed out that these documents had been identified as ready for publication by the National Archives. He therefore considered that they were unlikely to contain important classified or protected information."data-reactid =" 29 ">The Democratic assistants compared the National Archives totals for these topics to those they received shortly before the Judicial Committee hearings, in an unprecedented process overseen by President George W. Bush's lawyer and Former Kavanaugh MP William A. Burck. The Democratic assistants found that the number of National Archives was considerably higher in some cases. "However, Butler, the legal director of the EPIC, pointed out that these documents had been identified as ready for publication by the National Archives. He therefore considered that they were unlikely to contain important classified or protected information.

Attorney William Burck. (Photo: Steve Helber / AP)

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "As the documents have not yet been discovered, there is no way of knowing how many are simply duplicates of previously produced records. However, Burck's previous productions have included thousands of duplicate records, according to Democratic assistants. It is also unclear how many documents were withheld due to legitimate claims of constitutional privilege or because they contained classified or highly sensitive personal information. "data-reactid =" 43 ">As the documents have not yet been discovered, there is no way of knowing how many are simply duplicates of previously produced records. However, Burck's previous productions have included thousands of duplicate records, according to Democratic assistants. It is also unclear how many documents were withheld due to legitimate claims of constitutional privilege or because they contained classified or highly sensitive personal information.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Although he is not willing to discuss the categories of documents identified by Democrats, Burck provides a statement listing the reasons for which documents were withheld."data-reactid =" 51 ">Although he is not willing to discuss the categories of documents identified by Democrats, Burck provides a statement listing the reasons for which documents were withheld.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = " "As we have informed the Judiciary Committee of the Senate, we have given the committee each page of every document provided to us by the National Archives and Archives Service (NARA), with the exception of personal documents – which the Committee did not request and that NARA has accepted. be produced – and documents privileged by the Constitution identified by the Ministry of Justice – that the current administration has ordered not to provide, "he wrote in a statement to Yahoo News. "We also excluded documents automatically removed from our review with the help of standard software because they were identical copies to the other documents we reviewed. documents dated or after July 7, 2003, the date Justice Kavanaugh left the White House Council Office; State Department records from the 1970s in the paper files of Judge Kavanaugh's Attorney's Office; documents with technical problems such that they could not be processed by our third party supplier and were therefore sent back to NARA to determine if it could provide revisable copies; and documents that have been either redacted or, in some cases, completely concealed on the grounds that they contain personal information such as social security numbers, mobile phone numbers, private email addresses, and medical or financial information personal."data-reactid =" 52 "> "As we have informed the Judiciary Committee of the Senate, we have given the committee each page of every document provided to us by the National Archives and Archives Service (NARA), with the exception of personal documents – which the Committee did not request and that NARA has accepted. be produced – and documents privileged by the Constitution identified by the Ministry of Justice – that the current administration has ordered not to provide, "he wrote in a statement to Yahoo News. "We also excluded documents automatically removed from our review with the help of standard software because they were identical copies to the other documents we reviewed. documents dated or after July 7, 2003, the date Justice Kavanaugh left the White House Council Office; State Department records from the 1970s in the paper files of Judge Kavanaugh's Attorney's Office; documents with technical problems such that they could not be processed by our third party supplier and were therefore sent back to NARA to determine if it could provide revisable copies; and documents that have been either redacted or, in some cases, completely concealed on the grounds that they contain personal information such as social security numbers, mobile phone numbers, private email addresses, and medical or financial information personal.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "The White House and Republicans of the Judicial Committee did not immediately respond to inquiries regarding undisclosed documents."data-reactid =" 53 ">The White House and Republicans of the Judicial Committee did not immediately respond to inquiries regarding undisclosed documents.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Democratic senators are focused on what their aides estimate to be 1,800 undisclosed files related to the hacking scandal in the Senate. "data-reactid =" 54 ">Democratic senators are focused on what their aides estimate to be 1,800 undisclosed files related to the hacking scandal in the Senate.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Prior to Kavanaugh's confirmation hearing, Democrats received 1,721 Kavanaugh scandal-related documents, which they routinely questioned Kavanaugh's previous testimony at his confirmation hearings for the DC circuit. At these hearings, Kavanaugh swore that he was unaware that he would receive the stolen documents from Miranda, the help of the judicial commission at the center of the hacking scandal in the Senate, and in real time or retrospectively. National Archives tabulations indicate that there are approximately 3,500 records of Kavanaugh's relationship with Miranda. "data-reactid =" 55 ">Prior to Kavanaugh's confirmation hearing, Democrats received 1,721 Kavanaugh scandal-related documents, which they routinely questioned Kavanaugh's previous testimony at his confirmation hearings for the DC circuit. At these hearings, Kavanaugh swore that he was unaware that he would receive the stolen documents from Miranda, the help of the judicial commission at the center of the hacking scandal in the Senate, and in real time or retrospectively. National Archives tabulations indicate that there are approximately 3,500 records of Kavanaugh's relationship with Miranda.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Democrats are particularly interested in the indications in the National Archives tables that there is a handful of undisclosed emails from Miranda to Kavanaugh at the time the misconduct of the committee's assistance was revealed, in December 2003, which contained the word "Lundell". the last name of the obscure staff member who conspired with Miranda in the piracy scandal. It is not confirmed that the December 2003 e-mails dealt with the hacking scandal, but Democratic counselors who spoke indicated that Kavanaugh and Lundell were not friends and that Kavanaugh left the White House council in December 2003, he had no obvious reason – other than the problem of hacking – to correspond with Miranda about Lundell."data-reactid =" 56 ">Democrats are particularly interested in the indications in the National Archives tables that there is a handful of undisclosed emails from Miranda to Kavanaugh at the time the misconduct of the committee's assistance was revealed, in December 2003, which contained the word "Lundell". the last name of the obscure staff member who conspired with Miranda in the piracy scandal. It is not confirmed that the December 2003 e-mails dealt with the hacking scandal, but Democratic counselors who spoke indicated that Kavanaugh and Lundell were not friends and that Kavanaugh left the White House council in December 2003, he had no obvious reason – other than the problem of hacking – to correspond with Miranda about Lundell.

Sen. Chuck Schumer, Senate Leader, in the middle, holds a letter to Kenneth Hersh from the George W. Bush Presidential Library and Museum requesting documents on Kavanaugh on July 24, 2018 in Washington, DC (Photo: Al Drago / Getty Images )

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = ""Judge Kavanaugh needs to explain why he corresponded with Manny Miranda about Jason Lundell in the month following the revelation of their apparent criminal conspiracy," said Senator Richard Blumenthal, D-Conn., In a statement. "How can there be a plausible and innocent explanation as to why nearly 2,000 communications between Kavanaugh and Miranda have been concealed from the Senate Judiciary Committee? These facts could be considered coincidental if only Judge Kavanaugh had not twice attempted to mislead the Senate Judiciary Committee about his relationship with Miranda and the receipt of stolen documents. ""data-reactid =" 68 ">"Judge Kavanaugh needs to explain why he corresponded with Manny Miranda about Jason Lundell in the month following the revelation of their apparent criminal conspiracy," said Senator Richard Blumenthal, D-Conn., In a statement. "How can there be a plausible and innocent explanation as to why nearly 2,000 communications between Kavanaugh and Miranda have been concealed from the Senate Judiciary Committee? These facts could be considered coincidental if only Judge Kavanaugh had not twice attempted to mislead the Senate Judiciary Committee about his relationship with Miranda and the receipt of stolen documents. "

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Since the e-mails of December 2003 had been sent to Kavanaugh after his appointment as Staff Secretary, they would have been outside the scope of the documents produced by Burck on the Senate Judiciary Committee. Kavanaugh did not seem to answer any of the emails, as the charts show."data-reactid =" 69 ">Since the e-mails of December 2003 had been sent to Kavanaugh after his appointment as Staff Secretary, they would have been outside the scope of the documents produced by Burck on the Senate Judiciary Committee. Kavanaugh did not seem to answer any of the emails, as the charts show.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "One of the first controversies of the Kavanaugh hearings was fought on the document production process. Kavanaugh had a large archive of documents from his six years of public service at the White House Bush, first as a deputy counsel to the White House Council Office, and then, after July 2003, as a as staff secretary. As a general rule, the White House files of judicial candidates are requisitioned directly by the Judicial Committee from the National Archives, through a provision of the Presidential Archives Act. The documents would be collected and sorted for classified information and privileged documents as part of a process coordinated by archivists, non-political officials."data-reactid =" 70 ">One of the first controversies of the Kavanaugh hearings was fought on the document production process. Kavanaugh had a large archive of documents from his six years of public service at the White House Bush, first as a deputy counsel to the White House Council Office, and then, after July 2003, as a as staff secretary. As a general rule, the White House files of judicial candidates are requisitioned directly by the Judicial Committee from the National Archives, through a provision of the Presidential Archives Act. The documents would be collected and sorted for classified information and privileged documents as part of a process coordinated by archivists, non-political officials.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Judicial Committee Chair Chuck Grassley of R-Iowa launched his first controversial move by asking only Kavanaugh's records for his time at the Council office, excluding his years of service secretary of staff. In early August, the National Archives wrote to Grassley that this limited demand could not be completed before the end of October, which is much later that the Republicans did not want to hold Kavanaugh's confirmation hearings. "data-reactid =" 71 ">Judicial Committee Chair Chuck Grassley of R-Iowa launched his first controversial move by asking only Kavanaugh's records for his time at the Council office, excluding his years of service secretary of staff. In early August, the National Archives wrote to Grassley that this limited demand could not be completed before the end of October, which is much later that the Republicans did not want to hold Kavanaugh's confirmation hearings.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Despite the national archive schedule, Republicans were still able to hold Kavanaugh's hearings in early September because they had developed a new strategy for document production based on the controversy of a former president. and an outside lawyer. "data-reactid =" 72 ">Despite the National Archives calendar, Republicans were still able to hold Kavanaugh's hearings in early September, as they had developed a new strategy for document production based on the controversy of a former President and an outside lawyer.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Under a separate provision of the Presidential Law on Archives, a former president is authorized to request archives for his personal use or that of his representative. This provision is generally understood to allow the President to consult the records of his administration for personal purposes, such as writing a memoir. Republicans have arranged to have former President George W. Bush and his public records lawyer, Burck, summon him with the help of Kavanaugh. Bush would request the documents and Burck's legal team would coordinate the privileged information review process and forward it to the Judiciary Committee."data-reactid =" 73 ">Under a separate provision of the Presidential Law on Archives, a former president is authorized to request archives for his personal use or that of his representative. This provision is generally understood to allow the President to consult the records of his administration for personal purposes, such as writing a memoir. Republicans have arranged to have former President George W. Bush and his public records lawyer, Burck, summon him with the help of Kavanaugh. Bush would request the documents and Burck's legal team would coordinate the privileged information review process and forward it to the Judiciary Committee.

Senator Thom Tillis, RN.C., member of the Senate Judiciary Committee, points to a poster comparing a stack of Kavanaugh-related documents to the size of historic buildings at a press conference held August 2, 2018 in Washington (Photo: Chip Somodevilla / Getty Images)

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "While this approach was obviously faster, the Democrats strongly criticized it throughout the summer. They objected to determining the choice of documents that elected senators can examine, as well as potential conflicts of interest. Burck is the lawyer of several current and former officials of the White House Trump as part of the investigation conducted by Robert Mueller's special advocate. He also worked at the Bush White House as Kavanaugh's assistant secretary of staff. "data-reactid =" 85 ">While this approach was obviously faster, the Democrats strongly criticized it throughout the summer. They objected to determining the choice of documents that elected senators can examine, as well as potential conflicts of interest. Burck is the lawyer of several current and former officials of the White House Trump as part of the investigation conducted by Robert Mueller's special advocate. He also worked at the Bush White House as Kavanaugh's assistant secretary of staff.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Burck managed the production before and during Kavanaugh's hearings, with lawyers from the Department of Justice. l & # 39; wizard to determine which documents refuse to claim the privilege of the executive and which ones to produce provided that they are kept as "confidential of the committees". Documents identified in the National Archives tabulations could include those retained by Burck."data-reactid =" 86 ">Burck managed the production before and during Kavanaugh's hearings, with lawyers from the Department of Justice. l & # 39; wizard to determine which documents refuse to claim the privilege of the executive and which ones to produce provided that they are kept as "confidential of the committees". Documents identified in the National Archives tabulations could include those retained by Burck.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Even though the importance of undisclosed documents is far from clear and it is doubtful that the mere prospect of their future disclosure might influence any vote, if new information on controversial topics emerge after that the Senate has already voted to confirm Kavanaugh, they could throw a permanent cloud on Kavanaugh's service to the Supreme Court."data-reactid =" 87 ">Even though the importance of undisclosed documents is far from clear and it is doubtful that the mere prospect of their future disclosure might influence any vote, if new information on controversial topics emerge after that the Senate has already voted to confirm Kavanaugh, they could throw a permanent cloud on Kavanaugh's service to the Supreme Court.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = ""If this process were designed to find the truth, we would answer these questions before rushing to a vote," said Senator Leahy."data-reactid =" 88 ">"If this process were designed to find the truth, we would answer these questions before rushing to a vote," said Senator Leahy.

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "_____"data-reactid =" 89 ">_____

<p class = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "More Yahoo News stories about the Supreme Court:"data-reactid =" 90 ">More stories on Yahoo News at the Supreme Court:

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