The end of Brett Kavanaugh

| 8:00 pm EST November 26, 2020
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The minute Trump is gone, Senate Democrats must send a felony perjury referral to the DOJ for Brett Kavanaugh. If the DOJ brings a case, Kavanaugh will end up having to resign in exchange for non-prosecution. There’s never a guarantee that the DOJ will bring a case. But with Trump gone, and the DOJ being back to making decisions based on the merits of any given case, it’s difficult to imagine the DOJ not bringing a case in such a clear cut instance of felony perjury.

Yes, Trump can try to preemptively pardon Kavanaugh for this. But preemptive pardons, which are for charges that haven’t yet been brought, are legally flimsy and can be challenged in court. And really, does anyone imagine a scenario where Kavanaugh accepts a felony pardon and then manages to remain on the Supreme Court after that? Not if we put sufficient pressure on the media to keep covering the story.

Kavanaugh has to go. Even if we can’t nail him for sexual assault, we can nail him for perjury. Getting him off the Supreme Court won’t fix what’s currently wrong with the court – but it’ll make doing so easier.