brett kavanaughReutersBrett Kavanaugh.

  • Supreme Court nominee Brett Kavanaugh's critics say his history of making evasive, misleading, and provably false statements under oath should disqualify him from sitting on the nation's highest court.
  • These are all the times Kavanaugh has made clearly misleading or false statements to Congress. 

Whether Brett Kavanaugh claims a seat on the Supreme Court may be determined by this week's FBI investigation into sexual misconduct allegations against him, but critics of the nominee say his history of making evasive, misleading, and provably false statements under oath should disqualify him no matter what the FBI finds.  

Kavanaugh has appeared to either mislead or make false statements to the Senate Judiciary Committee about a range of issues, including his drinking habits and social life in high school and college, which have drawn scrutiny ever since he was accused of sexual misconduct, including by professor Christine Blasey Ford, who says Kavanaugh sexually assaulted her at a small house party when the two were teenagers. 

During his questioning by Judiciary Committee Democrats, the judge als0 repeatedly refused to provide direct answers to questions, infuriating Democrats and even frustrating some key swing vote Republicans, like Sen. Jeff Flake. 

Some Democrats have called for the FBI to expand its investigation of Kavanaugh to include a probe of his truthfulness while testifying before Congress throughout his time in government. And their calls might make perjury a central issue in Kavanaugh's confirmation vote. 

The summer of 1982

Excessive drinking 

Yearbook claims

'Spying' on Democrats

  • In 2003, while working in President George W. Bush's White House, Kavanaugh received information about judicial nominations - including an email labeled "spying" from a GOP "mole" - that was stolen from Senate Democrats by another Republican staffer, Manuel Miranda. Some emails sent from the staffer to Kavanaugh were marked "intel" or "highly confidential" and one asked Kavanaugh to meet at Miranda's home to discuss the information. But in 2006, Kavanaugh testified repeatedly that he didn't suspect anything "untoward" and believed  Miranda had received the detailed information on the Democrats' plans from a friendly Democratic aide.

Controversial judicial nominations 

  • Kavanaugh has also minimized the role he played in the vetting and promotion of two controversial appeals court nominees - Judge William H. Pryor Jr., who called Roe v. Wade an "abomination" and supported the banning of sodomy, and Judge Charles W. Pickering Sr., a former conservative politician with a controversial record on racial justice issues - during his time in the Bush White House. In his 2006 Senate testimony, Kavanaugh said that Pryor's nomination was "not one that I worked on personally" and that Pickering was "not one of the judicial nominees that I was primarily handling." But emails released recently show he was more involved with both than he led the Senate to believe. 
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