Abuse of Power

Americans deserve the whole record of Supreme Court nominee Brett Kavanaugh, not the whitewashed version the Senate Judiciary Committee’s majority has released. As this week’s extraordinary events in the Committee have made clear, this is the least transparent Supreme Court nomination process in our lifetime. Millions of pages of Judge Kavanaugh’s records have been withheld from the Senate and from the public. Many that are in the Judiciary Committee’s possession are still marked “committee confidential,” even though making them public will provide important information to the American people, as questioning by Senators Feinstein, Leahy, Klobuchar, Hirono, Booker, and Harris have made clear. Though the nominee may not recall many of his actions, the records have shown a very different story in some instances. Moreover, in response to probing questions by Sen. Blumenthal, Judge Kavanaugh refused to commit to recusing from cases involving President Trump’s potential criminal and civil liability that may be headed to the Supreme Court.

The Manafort and Cohen cases are also a disturbing reminder of how differently Americans are treated by our criminal justice system depending on their skin color, wealth and status. Earlier this year, a black woman in Texas was sentenced to five years in prison for unwittingly breaking state law by voting while still under community supervision for a previous fraud charge.

"The Supreme Court could well end up deciding a variety of issues related to presidential power involving ongoing DOJ matters, including the Special Counsel’s investigation, that go to the heart of the electoral process. A cloud hangs over the very constitutional officer who is vested with the power to choose a person for a lifetime appointment to the highest court in our judicial system and who may later sit in judgment of them," wrote Karen Hobert Flynn, president of Common Cause.

Today, Common Cause urged the United States Senate to exercise its constitutional power to withhold its consent on any presidential nominee for a lifetime appointment to the United States Supreme Court until a complete record of what’s at stake is laid bare, including all of a nominee’s records relevant to the job, and until more is public concerning Department of Justice investigations involving the president and the electoral process.

“I don't recall ever seeing a president going so vociferously after the spouses of civil servants,” said Stephen Spaulding, with the non-partisan good government organization Common Cause. “On the Hill, disclosure rules might apply to an immediate family member. Nothing we have seen in the past is comparable to what we are seeing with Trump and especially out of the White House. And these are absolutely smear tactics. You see a pattern of behavior where he is absolutely willing to go after spouses of people.”

The Trump Administration has confirmed to the United States District Court for the District of Columbia that it has fulfilled its agreement to delete the state voter data that was unlawfully obtained by Trump’s Pence-Kobach Commission -- the very relief sought in a suit brought by Democracy Forward on behalf of its clients Common Cause and individual voters Jan Cantler, Anthony Gutierrez, Thomas Kennedy and Ellen Nakhnikian. The lawsuit was filed last year against the Presidential Advisory Commission on Election Integrity, its Vice Chair Kris Kobach, and the Department of Homeland Security to prevent them from violating the Privacy Act and engaging in other unlawful conduct.