Brett Kavanaugh Once Argued Presidents Were Impeachable For Misleading Public

Darren.Woon

Supreme Court Justice Brett Kavanaugh once argued that misleading the public was an impeachable offense.

Supreme Court Justice Brett M. Kavanaugh once argued for a broad definition of obstruction of justice that would have impeached President Bill Clinton for lying to his staff and misleading the public, according to The New York Times

As a Yale Law graduate in his early 30s, Kavanaugh was one of the primary authors of independent counsel Kenneth Starr’s report to Congress, which said President Clinton had lied under oath and concealed evidence of his relationship with an intern, Monica Lewinsky. 

The report laid out 11 possible grounds for impeachment, but two stand out above the others.

First, the Starr report said that Clinton lied to his aides about his relationship with Lewinsky, “knowing that they would relay those falsehoods to the grand jury.” Second, it said he lied to the American public, and that senior officials then relied on those denials in their own misleading public statements. 

“The president’s emphatic denial to the American people was false,” the prosecutors wrote. “And his statement was not an impromptu comment in the heat of a news conference. To the contrary, it was an intentional and calculated falsehood to deceive the Congress and the American people.”

“Our job was to emphasize the grounds for impeachment,” said Andrew D. Leipold, one of Kavanaugh’s co-writers. “We’re not the decision maker; Congress is the decision maker.”

Starr is now a member of President Trump’s legal impeachment team as the Senate trial goes into its second day on Wednesday. 

It is unclear if Supreme Court Justice Kavanaugh still holds his previous position on grounds of impeachment. 

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