The Brett Kavanaugh factor that no one is talking about

| 11:15 pm EDT September 24, 2020
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If anyone thinks they know for certain how the Supreme Court nomination battle will play out, they’re being foolish. There are far too many moving parts here. One of them is the threat that the Democrats are making to expand the court after the election if they win the Senate majority. But there’s another factor that no one is talking about.

It’s easy to have forgotten about it because it feels like it was a lifetime ago, but Brett Kavanaugh committed provable perjury during his confirmation hearing, and the statute of limitations hasn’t run out yet. If Donald Trump loses, the post-Trump DOJ could easily have Kavanaugh indicted for perjury, leaving Kavanaugh with little choice but to resign as part of a plea deal or non-prosecution deal.

We have no way of knowing for sure if this is going to happen. But given the way things are playing out, would anyone expect the post-Trump DOJ not to ring up Kavanaugh for perjury? Certainly, Senate Democrats will make the criminal referral to the DOJ, and the DOJ could very well act on it.

So the bottom line is that if Trump installs a Supreme Court nominee and then loses, there is a possibility that Brett Kavanaugh could end up coming off the Supreme Court sometime after the election. The Democrats would then still need to expand the court in order regain a majority, but it wouldn’t require adding as many judges – which could make it easier to pull it off in the court of public opinion.

Of course all of this only matters if the Democrats win the White House, the Senate, and the House, so it’s added motivation for us to work even harder during these final six weeks before election day.