Is Dick Durbin Falsely Suggesting Kavanaugh Lied Under Oath? | NTK Network Is Dick Durbin Falsely Suggesting Kavanaugh Lied Under Oath?

Is Dick Durbin Falsely Suggesting Kavanaugh Lied Under Oath?

The Illinois senator, a strong opponent of Judge Brett Kavanaugh's elevation to the Supreme Court, may be playing fast and loose with the truth in his latest attack on the judge.

By NTK Staff | 08.10.2018 @10:00am
Is Dick Durbin Falsely Suggesting Kavanaugh Lied Under Oath?

Sen. Dick Durbin (D-IL) leveled a serious charge against Judge Brett Kavanaugh this week: the former judge lied under oath, Durbin claimed, during his 2006 confirmation hearing.

The Boston Herald‘s Kimberly Atkins reported:

Earlier this week, Sen. Dick Durbin said he believes Kavanaugh lied during his 2006 confirmation hearings for his post on a federal appellate court when he said he “was not involved and am not involved in questions regarding the rules regarding detention of combatants.”

Durbin appears to be basing his serious claim on a story published Thursday noting that Kavanaugh, in a 2001 email, offered to prepare President Bush’s attorney general on questions of “the attorney-client issue.”

In the Nov. 19, 2001, email exchange, Kavanaugh forwards to Berenson a message from Dan Bryant, then the Justice Department’s congressional liaison, asking for “participation of WH Counsel in the preparation of the AG” on topics including “military tribunals, monitoring of atty/client conversations, racial profiling, etc.” — a range of issues related to the Bush administration’s response to 9/11 about which Ashcroft was expected to be pressed on at an upcoming Senate Judiciary Committee hearing.

“I am happy to help on the attorney-client issue, but you should obviously handle tribunals,” Kavanaugh wrote Berenson, then his colleague in the White House counsel’s office.

Ethics and Public Policy Center (EPPC) President Ed Whelan, though, noted on Twitter that Kavanaugh, in referring to “the attorney-client issue,” appeared to be referring to federal inmates – not enemy combatants, as Durbin claims.

Indeed, White House spokesman Raj Shah pushed back on Durbin’s claim on Thursday:

“At no point did Senator Durbin ask the judge about other legal issues pertaining to the war on terrorism, such as detainees’ legal rights,” said White House spokesman Raj Shah.

Durbin’s willingness to take a nugget of a story, and twist it in such a manner as to accuse Kavanaugh of lying under oath, only highlights his bald-faced opposition to Judge Kavanaugh.

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