September 7, 2018 | Reading Time: 4 minutes
Kavanaugh and Mueller Are the Same Story
Kamala Harris revealed an apparent link.
Politics is about appearances as much as it is about substance. Sometimes they are the same. Sometimes they aren’t. But woe to the judicial nominee desiring a spot on the highest court in the land who does not take appearances seriously. Watch this exchange and tell me: Is Brett Kavanaugh at all aware of what this looks like?
Now why is it important to question whether the president’s nominee to the Supreme Court has talked with anyone at Kasowitz Benson Torres? For two reasons.
One, the firm may end up representing the president in a case before the United States Supreme Court on the question of whether a sitting president can be indicted, among other issues. Two, the nine justices before whom the law firm may end up arguing the president’s case will (most likely) include Brett Kavanaugh, the president’s nominee.
Bottom line: if Kavanaugh had conversations with attorneys at Kasowitz Benson Torres, he might have stumbled into a conflict of interest. Justices are supposed to decide the law blindly. But had he talked to attorneys at Kasowitz Benson Torres, he would have compromised himself. Kavanaugh risked being seen as Trump’s justice.
Before knowing anything else, and after watching the exchange between Kavanaugh and Kamala Harris, anyone with a brain should wonder: What’s going on? She asked: Have you talked with anyone at Kasowitz Benson Torres? He could say yes. He could say no. It doesn’t matter given there are 51 Republican Senators dying to change the court’s balance of power for a generation. Instead, Kavanaugh mumble-bumbles.
That—all by its very lonesome—looks terrible. Again, I don’t know about the substance of Harris’ question any more than anyone else. But she certainly seems to know something. (“Be sure about your answer, sir,” she said!) I’m talking about how it looks. (And it looks so very much worse under the withering gaze of former state prosecutor.) Given what we see, Kavanaugh isn’t taking appearances seriously. It looks like he doesn’t want to answer the question. Reasonably, we should now ask why.
Maybe this is why.
The Post’s Carol Leonnig started asking around: Does he know anyone at the firm? Turns out, yes, he does, a close friend, actually, by the name of Ed McNally.