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PATRICK J.

LEAHY, VERMONT, CHAIRMAN
EDWARD M. KENNEDY, MASSACHUSETTS ARLEN SPECTER,PENNSYLVANIA
JOSEPH R. BIDEN, JR., DELAWARE ORRIN G. HATCH, UTAH
HERB KOHL, WISCONSIN CHARLES E. GRASSLEY, IOWA
DIANNE FEINSTEIN, CALIFORNIA JON KYL, ARIZONA
RUSSELL D. FEINGOLD, WISCONSIN
CHARLES E. SCHUMER, NEW YORK
RICHARD J. DURBIN, ILLINOIS
JEFF SESSIONS, ALABAMA
LINDSEY O. GRAHAM, SOUTH CAROLINA
JOHN CORNYN, TEXAS
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BENJAMIN L. CARDIN, MARYLAND SAM BROWNBACK, KANSAS
SHELDON WHITEHOUSE, RHODE ISLAND TOM COBURN, OKLAHOMA
COMMITTEE ON THE JUDICIARY

BRUCEA. COHEN,Chief Counsel and Staff Director WASHINGTON. DC 20510-6275
MICHAELO'NEILL,Republican Chief Counsel and Staff Director

June 27,2007

The Honorable Alberto Gonzales
Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Attorney General Gonzales:

I write with respect to an issue that has come to my attention regarding troubling
evidence that a witness, Brett M. Kavanaugh, may have testified falsely before the
Judiciary Committee at his May 9, 2006 judicial confirmation hearing and in response to
written follow-up questions from Senators. I refer this matter to the Department of
Justice for investigation and any prosecutorial action the Department determines to
be warranted.

When he appeared before the Committee on his nomination to the United States Court of
Appeals for the D.C. Circuit, Mr. Kavanaugh testified that he was not aware of the
Administration's legal justifications relating to the treatment of detainees until it became
public in 2004. For example, in response to a question from me, Mr. Kavanaugh
testified:

I think with respect to the legal justifications or the policies relating to the
treatment of detainees, I was not aware of any issues on that or the legal
memos that subsequently came out to the summer -- sometime in 2004,
when there started to be news reports on that. This was not part of my
docket, either in the counsel's office or as staff secretary.

In response to a question from Senator Durbin regarding Mr. Kavanaugh's knowledge of
William Haynes' role as general counsel to the Department of Defense in crafting the
Bush Administration's detention and interrogation policies, Mr. Kavanaugh testified:

Senator, I was not involved and am not involved in the questions about the
rules governing detention of combatants. And so I do not have any
involvement with that.

Mr. Kavanaugh never corrected this testimony or similar testimony in response to other
questions during the hearing.

during your tenure as White House Counsel. But my concern is heightened because the subject matter of the possibly false testimony was highly controversial and played a critical role in many Senators' consideration of Mr.2007. He was subsequently reported out of Committee with a favorable recommendation and confirmed to the D. I take the inconsistency between these news reports and Mr. For these reasons. article in the Washington Post and a June 26 report on National Public Radio. Recent news reports contradict Mr. Kavanaugh's testimony. Mr. Cc: The Honorable Jeffrey A. detailing his involvement in discussions over the legality of these policies in the White House Counsel's Office at least as early as 2002. Kavanaugh's testimony very seriously.C. citizens as enemy combatants without representation by counsel. False testimony by any witness is troubling and undermines the Senate's ability to fulfill its constitutional duties on behalf of the American people. Kavanaugh's responses to written follow-up questions from Senator Durbin reinforced the impression that Mr. would reject presidential discretion to lock up U.2007 Page 2 of2 To the contrary. District of Columbia . According to a June 25. Mr. for whom he had served as a law clerk. I have no choice but to refer the matter to you for appropriate investigation and prosecutorial action. Circuit. Kavanaugh's nomination for a lifetime appointment to one of the courts most involved in reviewing those very same detention policies. Kavanaugh advised that Justice Anthony Kennedy. Taylor United States Attorney. Kavanaugh had no awareness or involvement in the legal justifications for the policy on detainees until it became public. Kavanaugh took part in discussions by White House lawyers in 2002 about whether the Supreme Court would uphold the Administration's detention policies.S.The Honorable Alberto Gonzales June 27. Both reports confirm that Mr.