Senate Dem Alleges Email Theft During Kavanaugh Hearing

Sen. Patrick Leahy (D-Vt.) alleged on Wednesday that his email was stolen over a decade before Wednesday’s second-day hearing for the U.S. Supreme Court nomination of Brett Kavanaugh — and that the nominee received the purloined material.

Kavanaugh was a senior associate counsel and senior assistant in the White House for former President George W. Bush, who then nominated him to the U.S. Court of Appeals for the District of Columbia Circuit, where he has served since 2006.

President Donald Trump nominated him over a decade later for the nation’s highest court on July 9, 2018.

On Wednesday during the second day of Kavanaugh’s Supreme Court confirmation hearing, Leahy argued that the nominee had received stolen information during his appeals court nomination process more than a decade before.

“Two days before the hearing, they told you that Democrats were passing around a related ’60 Minutes’ story that was intel saying that Leahy will focus on all things money,” Leahy said. “Well, that appears to have come from a stolen email to me, stolen by a Republican staff member, sent to me the night before and given to you the next morning.”

Kavanaugh looked at a printout of the email thread but didn’t recall anything specific about stolen information.

He even appeared to be confused at what Leahy was suggesting with his line of questioning.

He eventually said that it was routine on both sides of the partisan aisle to get background information on issues specific senators were likely to ask about during the nomination process.

Related: Kavanaugh Tackles Roe v. Wade During Confirmation Hearing

“Not at all, Senator, it was from what appeared to be a standard discussion about,” Kavanaugh said. “It’s common, Senator, at the White House, to hear from our legislative affairs team, like in this process, this is what Senator X is interested in.”

Leahy pressed the issue, saying that the staff member referred to a stolen email directly. He then asked whether it raised any red flags that he would have such an email. Kavanaugh didn’t recall an email being specifically referenced in the information he was being provided.

“The letter was clearly a draft,” Leahy said. “It had typos and wasn’t signed. We put it out but someone eventually leaked its existence to Fox News. I’m not sure who but I can guess. It was a private letter. At the time, I was shocked it existed, it had been leaked. But here’s the thing. You had the full text of my letter in your inbox before anything was said about it publicly.”

Leahy also asked whether the staffer, whom he referred to as “Mr. Miranda,” ever asked Kavanaugh to meet for information on Sen. Dianne Feinstein (D-Calif.) and then-Sen. Joe Biden (D-Del.). Feinstein is now the ranking member of the judiciary committee. Kavanaugh said he didn’t specifically recall, but it was possible.

“The only thing I said on the email exchange if I’m reading it correctly, was who signed this,” Kavanaugh said. “Which would imply that I thought it was a signed letter.”

Related: Dems Try to Derail Kavanaugh Hearing Before It Begins

Leahy also asked whether he was provided information marked confidential, whether there was a mole and whether he received any information said to have come from spying. Kavanaugh didn’t remember specifics but stressed it wasn’t uncommon to receive background information on people.

Kavanaugh began his legal career working as a clerk for Circuit Court Judge Walter Stapleton after graduating from Yale Law School in 1990. He later had the chance to clerk for Justice Anthony Kennedy for one term in 1993. He worked as an attorney for the Office of the Solicitor General in the Department of Justice.

Kavanaugh also worked as an associate counsel for independent counsel Kenneth Starr. The investigation jumped among various allegations against then-President Bill Clinton, starting with his possible illegal activity around his failed investment in a land development venture known as Whitewater.