Over the weekend a report emerged detailing how Supreme Court Justice Brett Kavanaugh’s confirmation process was aided by a fast-tracked FBI investigation which failed to follow up with dozens of witnesses with potentially damaging information on the nominee. It also includes new allegations from a witness who says he saw Kavanaugh push his penis into the hand of a female student at Yale. It was an allegation the witness told the FBI about last year but which they failed to investigate.
The new report has led to calls for Kavanaugh's impeachment. Such calls will likely go nowhere given current political reality. I will reiterate, however, that no matter what comes of the current news cycle, Kavanaugh is unfit to be a mere lawyer, let alone a Supreme Court Justice. He should not only not have been confirmed last year but he should probably be disbarred.
Most people are viewing all of this, both last year and now, with reference to the standard of what one can get away with in politics. On that score, sure, Kavanaugh is probably fine in today's graceless and shameless political age. He had and still has sufficient support (i.e. the Republican-controlled Senate). In politics, especially these days, that's all that matters.
Kavanugh, however, is not merely beholden to political processes. As I wrote last year, as a lawyer and a judge, he's beholden to the standards of legal and judicial ethics, which presents a far higher bar.
It is manifestly clear -- and was clear a year ago -- that Kavanaugh lied under oath during his confirmation hearing. Partisans contend that they were lies about minor details on relatively unimportant matters. They contend that they fall short of the sorts of lies which would typically bring forth a perjury charge. All of that may be true. All of it is irrelevant, however, because the standard of candor before a tribunal for an attorney and a judge is far, far higher than "that which is legally actionable for perjury" and no exceptions are made for "lies regarding unimportant matters."
As I wrote last year, a person can be denied a law license for lying about something that happened in college or even high school. A lawyer who even hints at misleading behavior during the course of trying a case or who even shades the truth under oath is subject to disciplinary action. The penalties for lack of candor before a tribunal are severe, and include disbarment.
Which is to say: Brett Kavanaugh would be unfit for office even if this past weekend's report never emerged. He'd be unfit to merely practice law, in fact. That, despite all of this, he is now ensconced in the highest and most powerful position in the entire judiciary for the rest of his life is a stain on the legal profession and on the nation.