Democratic Coalition says judicial complaints against Kavanaugh will survive Senate confirmation vote
If Kavanaugh resigns from the D.C. Circuit it will be an overt effort to elude complaints against him for judicial misconduct.
The Democratic Coalition, its chairman Jon Cooper and co-founder Scott Dworkin, filed two judicial complaints against Judge Brett Kavanaugh which the DC Circuit Court of Appeals has registered.
Chief Judge of the DC Circuit Court of Appeals Merrick Garland recused himself from evaluating the complaints in favor of Judge Karen LeCraft Henderson. If she convenes a special judicial committee it can ask for Kavanaugh’s resignation from his lifetime Circuit appointment, and conduct an impartial vote to certify his impeachment to Congress if he refuses to give up his lower court seat while on the Supreme Court. A similar case against Kavanaugh’s mentor Judge Alex Kozinski was transferred to another Circuit for an investigation to maintain the impartiality of the process, which is expected shortly in this case.
The Democratic Coalition is a national Super PAC based in Washington, D.C. It is chaired by Jon Cooper. Senior Advisor Scott Dworkin is the co-founder of the Democratic Coalition and host of the Dworkin Report podcast. The Democratic Coalition’s attorney J. Whitfield Larrabee also drafted and delivered a criminal complaint about Kavanaugh’s apparent perjury before the Senate to the Department of Justice.
Federal judicial appointments are for life, and elevation to the Supreme Court does not end a judge’s lower court appointment. Former Justice Souter is one modern example of a former SCOTUS judge who later served on lower courts, issuing over a dozen rulings in a practice known as sitting by designation which is expressly authorized by 28 U.S. Code § 291 under federal law.
“Seventy-one judges have sat by designation in our federal district and circuit courts since just 2006,” says Scott Dworkin. “Since Judge Kavanaugh will retain his lower court appointment, our complaint requires investigation even though the Senate confirmed him to the Supreme Court.”
“Our complaint against Judge Kavanaugh should be adjudicated unless he quits to avoid the process,” says attorney J. Whitfield Larrabee. “Official commentary on the judicial canons expressly indicates that they apply to the judicial nomination process and maintaining one’s integrity in both professional and personal activities.”
“Judge Kavanaugh perjured himself to cover up the political crime of the decade in both 2006 and again this September,” says Jon Cooper. “That alone is reason to remove him from the bench.”