WASHINGTON – The Senate
Judiciary Committee last night received another production of documents related
to Judge Brett Kavanaugh’s service as a White House lawyer, as the committee
continues to evaluate his nomination to the U.S. Supreme Court. The
latest
production from the Office of President George W. Bush totals 64,312 pages. The committee now has more than 248,000 pages of
Executive Branch material related to Judge Kavanaugh. The previous high
water mark for similar material during consideration of Supreme Court nominees
was roughly 180,000 pages related to Justice Neil Gorsuch.
In
an extraordinary act of transparency, President Bush’s Presidential Records Act
(PRA) representative also provided to the committee a list of records produced
by the National Archives and Records Administration (NARA) to President Bush
that his representatives have decided to withhold from the committee on the
ground that they are “personal records” under the PRA to which the Committee is
not entitled. In a
letter
today, Senate Judiciary Committee Chairman Chuck Grassley asked NARA
immediately to prioritize its review of the material identified on that list
and make its own determination as to whether those documents are responsive to
the Committee’s request.
“The
Committee requests that you prioritize your review of the documents identified
on the enclosed manifest and produce to the Committee any responsive documents
identified on that manifest on a rolling basis as soon as possible, consistent
with the production procedures set forth in the Committee's section 2205
request,” Grassley
said in the letter.
Even
without Grassley’s prioritization request, NARA will review all of the
documents identified on the list supplied by President Bush during the course
of its review of materials requested by the committee. As part of that
review, NARA will make its own, independent determination whether the documents
are non-responsive personal records or responsive Presidential records.
Grassley has requested only that NARA prioritize its review of the documents on
the list and make its independent determination as to the documents’
responsiveness no later than August 31. This request will ensure that the
committee is able to review all non-privileged material responsive to the
committee’s request before the confirmation hearing, which begins September 4.
The
committee requested records from Judge Kavanaugh’s service as an Executive
Branch lawyer and records related to his nomination to the U.S. Court of
Appeals for the D.C. Circuit. Under the PRA, the committee is entitled to
Presidential records that the current and former Presidents determine are not
privileged. President Bush is providing the committee with Presidential records
that are not privileged. Under today’s request, records that Bush’s team
believe are not Presidential records will be reviewed by NARA and provided to
the committee if NARA determines them to be official records under the PRA.
More on the committee’s review process is available
HERE.
Grassley’s
letter to the NARA follows:
August 16, 2018
Mr.
Gary M. Stern
General
Counsel
National
Archives and Records Administration
8601
Adelphi Road, Suite 3110
College
Park, MD 20740-6001
Dear
Mr. Stern:
I
write with regard to this Committee’s request pursuant to 44 U.S.C. §
2205(2)(C) for special access to certain Presidential records from Judge Brett
M. Kavanaugh’s service in the White House from 2001 to 2003. I submitted
that request to NARA on July 27, 2018, and you initially responded to that
request on August 2, 2018.
I
thank you and your NARA colleagues who are working on the Committee’s section
2205 request. I understand that NARA has devoted unprecedented resources
to that request.
The Committee’s section 2205 request did not ask NARA to produce documents in
any particular order. The Committee now believes, however, that
prioritizing the production of certain documents would best facilitate the
Committee’s review of Judge Kavanaugh’s record. Enclosed with this letter
is a manifest of document control numbers. It is the Committee’s
understanding that these control numbers correspond to certain documents housed
within NARA’s archives. The Committee requests that you prioritize your
review of the documents identified on the enclosed manifest and produce to the
Committee any responsive documents identified on that manifest on a rolling
basis as soon as possible, consistent with the production procedures set forth
in the Committee’s section 2205 request. In your production transmittal
letter, I ask that you identify specifically any document from the enclosed
manifest that is responsive to the Committee’s section 2205 request. If
none of the documents identified on the enclosed manifest is responsive, please
inform the Committee of that fact as soon as your review of those documents is
complete. Finally, I ask that you complete the rolling production of
responsive documents identified on the enclosed manifest to the Committee no
later than August 31, 2018.
I
recognize that reviewing the documents identified on the enclosed manifest and
producing any responsive records will be a significant task. I also
recognize that completing the rest of your response to the Committee’s section
2205 request will also be a tremendous undertaking. I thank you in
advance for your cooperation and efforts, and in particular for your
willingness to prioritize your response to the Committee’s section 2205 request
in the manner that best facilitates the Committee’s review of Judge Kavanaugh’s
record.
Sincerely,
Charles
E.
Grassley
Chairman
Enclosures
cc:
The Honorable Dianne Feinstein
Ranking Member, United States Senate
Committee on the Judiciary
331 Hart Senate Office Building
Washington, DC 20510
Mr. Donald F. McGahn
Counsel to the President
The White House
1600 Pennsylvania Avenue, NW
Washington, DC 20500
-30-