PATRICKJ. LEAHY,VERMONT, CHAIRMANEDWARD M. KENNEDY, MASSACHUSETTS ARLEN SPECTER,PENNSYLVANIAJOSEPH R.BIDEN,JR.,DELAWARE ORRING. HATCH, UTAHHERBKOHL,WISCONSIN CHARLESE.GRASSLEY,IOWADIANNE FEINSTEIN,CALIFORNIA JON KYL,ARIZONARUSSELLD. FEINGOLD,WISCONSIN JEFFSESSIONS,ALABAMACHARLESE.SCHUMER, NEWYORK LINDSEYO. GRAHAM, SOUTH CAROLINARICHARDJ. DURBIN, ILLINOIS JOHN CORNYN, TEXASBENJAMIN L.CARDIN, MARYLAND SAM BROWNBACK, KANSASSHELDONWHITEHOUSE, RHODEISLAND TOM COBURN, OKLAHOMABRUCEA. COHEN,
Chief Counsel and Staff Director
MICHAELO'NEILL,
Republican Chief Counsel and Staff Director
June 27,2007The Honorable Alberto GonzalesAttorney GeneralU.S. Department of Justice950 Pennsylvania Avenue, NWWashington, DC 20530Dear Attorney General Gonzales:
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COMMITTEE ON THE JUDICIARYWASHINGTON. DC 20510-6275
I write with respect to an issue that has come to my attention regarding troublingevidence that a witness, Brett M. Kavanaugh, may have testified falsely before theJudiciary Committee at his May 9, 2006 judicial confirmation hearing and in response towritten follow-up questions from Senators. I refer this matter to the Department of Justice for investigation and any prosecutorial action the Department determines tobe warranted.When he appeared before the Committee on his nomination to the United States Court of Appeals for the D.C. Circuit, Mr. Kavanaugh testified that he was not aware of theAdministration's legal justifications relating to the treatment of detainees until it becamepublic in 2004. For example, in response to a question from me, Mr. Kavanaughtestified:I think with respect to the legal justifications or the policies relating to thetreatment of detainees, I was not aware of any issues on that or the legalmemos that subsequently came out to the summer -- sometime in 2004,when there started to be news reports on that. This was not part of mydocket, either in the counsel's office or as staff secretary.In response to a question from Senator Durbin regarding Mr. Kavanaugh's knowledge of William Haynes' role as general counsel to the Department of Defense in crafting theBush Administration's detention and interrogation policies, Mr. Kavanaugh testified:Senator, I was not involved and am not involved in the questions about therules governing detention of combatants. And so I do not have anyinvolvement with that.Mr. Kavanaugh never corrected this testimony or similar testimony in response to otherquestions during the hearing.