Uncovering the Truth About Supreme Court Nominee Kavanaugh

American Oversight is working to uncover the details of Judge Brett Kavanaugh's record. With confirmation hearings scheduled to begin on September 4, we're pursuing public records requests and litigation to obtain records of Kavanaugh's work in the the George W. Bush White House and in the office of Independent Counsel Ken Starr.

What We’re Seeking:

  • A copy of the 1999 Special Master Report investigating allegations of inappropriate leaks of confidential information by the Office of Independent Counsel Ken Starr, where Kavanaugh worked at the time.
  • Records from NARA related to Judge Brett Kavanaugh’s time working for Independent Counsel Kenneth Starr, including complaints against him by members of the public, any performance reviews, or other warnings.
  • Records from DOJ including correspondence between the assistant attorney general in charge of the Office of Legal Counsel (and his or her primary deputy) and Kavanaugh to shed light on his work in the White House from 2001 to 2006.

Special Master Report

August 14, 2018 letter from American Oversight counsel to Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia, asking the court to unseal the report authored by Special Master John W. Kern III in 1999 detailing the findings of his investigation into alleged leaks of confidential information by the Office of the Independent Counsel Ken Starr — where Kavanaugh worked at that time.

Only four copies of the report were prepared. The report has never been released, but news reports at the time stated that the Special Master detailed evidence of “inappropriate disclosures to the press” by the OIC.

Fix the Court Litigation:

On July 10, 2018, represented by American Oversight, Fix the Court filed lawsuits to uncover records documenting Supreme Court nominee Brett Kavanaugh’s previous government service – including his work on the Starr commission in the 1990s and his time in the White House under President George W. Bush.

Fix the Court filed a Freedom of Information Act Request asking NARA for records from the Office of Independent Counsel Ken Starr, including all of Kavanaugh’s correspondence, notes and memos, and other records from his time in the OIC from 1994-1998.

FTC is also seeking all communication’s between the assistant attorney general in charge of the DOJ Office of Legal Counsel and his or her primary deputy to Kavanaugh, and vice versa, during Kavanaugh’s time at the White House, both as staff secretary and in the counsel’s office.

After American Oversight and FTC sought preliminary injunctions in both lawsuits in order to speed up the process, both agencies agreed to a production schedule and NARA has released its first set of documents.