‘Serious Omissions’ In Senate Probe Clearing Brett Kavanaugh Of Sexual Assault, Report Says

Topline

A 2018 Senate investigation finding there was no “verifiable evidence” supporting sexual misconduct allegations against Supreme Court Justice Brett Kavanaugh had “serious omissions” regarding claims made by Kavanaugh’s Yale University classmate Deborah Ramirez, the Guardian reports, as the allegations against the justice and the government’s investigation of them continue to draw scrutiny nearly five years later.

Supreme Court Justice Brett Kavanaugh, then a nominee to the bench, at his Supreme Court … [+] confirmation hearing on Capitol Hill September 5, 2018 in Washington, D.C.

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Key Facts

The Senate Judiciary Committee, then controlled by the GOP and chaired by Sen. Chuck Grassley (R-Iowa), released a report in November 2018, after Kavanaugh was confirmed, that concluded “there was no evidence to substantiate any of the claims of sexual assault made against Justice Kavanaugh.”

Ramirez was one of multiple accusers whose claims were investigated in the report—after alleging Kavanaugh drunkenly exposed himself to her at a college party, “thrust his penis in her face, and caused her to touch it without her consent as she pushed him away”—and the Senate report found there was “no verifiable evidence” to support the allegations.

The committee cited an interview with a classmate at Yale who said there was another student who was known for “exposing himself publicly” and attached a photo of that student doing so, suggesting Ramirez confused Kavanaugh with that other student and saying if anyone else besides them had “engaged in similar lewd behavior, it would have been widely known and discussed around campus.”

That claim was sent by attorney Joseph C. Smith, Jr., according to an email viewed by the Guardian, who the report did not disclose is a member of the conservative Federalist Society that supported Kavanaugh’s appointment, and has ties to its co-founder Leonard Leo, who has spent billions to exert influence over federal courts including the Supreme Court.

The student that Smith suggested Ramirez confused with Kavanaugh, Jack Maxey, did not even attend Yale at the time of the alleged incident and was still in high school then, the Guardian reports, and Maxey told the publication the committee did not contact him to confirm the allegations and denied ever exposing himself to Ramirez.

Smith, Grassley’s office and the Supreme Court have not yet responded to requests for comment.

Crucial Quote

“I was not at Yale” when Ramirez’s alleged incident occurred, Maxey told the Guardian. “These people can say what they want, and there are no consequences, ever.” The publication notes Maxey, now a conservative activist, does defend Kavanaugh, describing him as behaving like a “choir boy” at Yale.

Chief Critic

Kavanaugh has repeatedly denied the allegations of sexual misconduct against him, and the Senate report notes that when asked about Ramirez’s allegations, Kavanaugh responded, “That did not happen.”

Key Background

Kavanaugh was nominated to the Supreme Court by former President Donald Trump in 2018, and his confirmation drew widespread controversy after Christine Blasey Ford accused him of sexually assaulting her at a party in 1982. The now-justice was ultimately confirmed to the bench despite the allegations, but government investigations of the accusations against the justice have continued to draw scrutiny even after he took the bench. In addition to the Senate report, the FBI also investigated the claims against Kavanaugh as part of its background check into the candidate during his confirmation process. Democrats have widely criticized that investigation for not fully looking into information against him it received or contacting witnesses who claimed to have corroborating evidence, with Sen. Sheldon Whitehouse (D-R.I.) slamming it in 2021 as being “politically constrained and perhaps fake.” Whitehouse asked FBI Director Christopher Wray about the investigation during a Senate hearing in August 2022, at which Wray confirmed the FBI had taken “direction” from the Trump Administration over who was interviewed in the probe. The senator is expected to release a report on the FBI’s investigation into Kavanaugh by the end of the year, the Guardian notes.

What To Watch For

A new documentary about the sexual assault allegations against Kavanaugh, Justice, debuted at the Sundance Film Festival in January, and the Guardian reports it is now being updated before its general release. The version of the documentary that premiered at Sundance, which drew mixed reviews, included a new recording from Yale classmate Max Stier that corroborates Ramirez’s allegations and describes a separate incident of Kavanaugh exposing himself at a Yale party.