Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

ChoppinBroccoli

(3,784 posts)
Fri Oct 12, 2018, 10:28 AM Oct 2018

Do We Now Have A "Perjury Trap" Set For Kavanaugh?

I was thinking about this the other day when I read an article about how Democrats may try to impeach Kavanaugh if they take back Congress. They already have all the obvious instances of perjury that have been discussed on this board over the last couple of months, but I thought of another.

If Kavanaugh has testified under oath that Roe v. Wade is "settled law," (and I don't know if this is just a statement he made or if it was actual testimony under oath), then doesn't that mean that if a case to reverse Roe v. Wade comes before the Supreme Court and he votes to reverse, he has just committed perjury? And if that's true, shouldn't we be reminding him of this when the case to reverse Roe v. Wade inevitably comes before the Supreme Court?

If he has testified under oath that Roe v. Wade is settled law, then we can either successfully tie his hands and essentially coerce him into voting FOR upholding Roe v. Wade through threat of impeachment, or we can actually impeach him if he doesn't. Oh, I'm sure he'll find some way to weasel out of it (i.e. "I changed my mind based on the facts presented in this specific case," blah blah blah), but it might be a nice Ace in the hole to pressure him with. That's if he testified under oath.

10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Do We Now Have A "Perjury Trap" Set For Kavanaugh? (Original Post) ChoppinBroccoli Oct 2018 OP
Perjury for a change of opinion? NoMoreRepugs Oct 2018 #1
I don't think a judicial opinion can qualify as perjury Merlot Oct 2018 #2
He has not stated that under oath... brooklynite Oct 2018 #3
Perjury trap does not exist for opinions. It exists for actions. haele Oct 2018 #4
He covered himself too well on that topic FBaggins Oct 2018 #5
No. Goodheart Oct 2018 #6
Certainly a Reason to Recuse, But Perjury...? The_Counsel Oct 2018 #7
His odd financial situation is what we ought to look at closely. IphengeniaBlumgarten Oct 2018 #8
No, in fact our system is setup precisely to prevent the type of meddling you describe. tritsofme Oct 2018 #9
No, and stop. Kavanaugh will be a SCOTUS justice for 25+ years. It's over. jpljr77 Oct 2018 #10

Merlot

(9,696 posts)
2. I don't think a judicial opinion can qualify as perjury
Fri Oct 12, 2018, 10:33 AM
Oct 2018

Even if he does believe it's settled law, if it comes before the SC, then it's obviously not "settled"

And there is no such thing as a "perjury trap" unless you're trumpft and the very act of swearing to tell the truth is a "trap"

brooklynite

(94,585 posts)
3. He has not stated that under oath...
Fri Oct 12, 2018, 10:35 AM
Oct 2018

It was reported that he said that to one or more Senators in private meetings.

haele

(12,659 posts)
4. Perjury trap does not exist for opinions. It exists for actions.
Fri Oct 12, 2018, 10:37 AM
Oct 2018

So, the lies he told or tried to evade telling about in his hearings have already caught him. Unfortunately for us, currently the GOP is in charge, and they don't f'n care about anything but the taxpayer money they can scoop up for their private use. And Kavanaugh is their high cover for that.

Haele

FBaggins

(26,744 posts)
5. He covered himself too well on that topic
Fri Oct 12, 2018, 10:54 AM
Oct 2018

He never said that he agreed with the legal reasoning or that the court couldn’t change their minds later.

Not that it really matters, because impeachment is a political act. If the court overturns Roe and somehow 2/3 of the Senate thought that was beyond the pale... they could remove him and anyone else who voted to overturn.


Neither of which is likely to happen

The_Counsel

(1,660 posts)
7. Certainly a Reason to Recuse, But Perjury...?
Fri Oct 12, 2018, 11:03 AM
Oct 2018

That might be a bit of a stretch.

There should be plenty of perjury to impeach just in his confirmation hearing testimony.

That is, if this were still a nation of laws, which the GOP keeps trying to prove it isn't...

8. His odd financial situation is what we ought to look at closely.
Fri Oct 12, 2018, 11:06 AM
Oct 2018

Yes, he seems to have little compunction about bending the truth - e.g. the yearbook stuff, but we would look petty to worry about this stuff. If we were to find actual evidence of other lies -- and not sure we can -- he can always claim memory loss or misunderstanding or change of opinion...

But money can be tracked and if his mysterious finances could be explained by parental gifts, then he would surely have mentioned these already. His salary alone can't afford his expenditures. Who is his benefactor?

tritsofme

(17,379 posts)
9. No, in fact our system is setup precisely to prevent the type of meddling you describe.
Fri Oct 12, 2018, 11:20 AM
Oct 2018

If Congress feels he should be impeached and removed, that is their prerogative, but there is absolutely no leverage to “coerce” him under threat of prosecution into voting as we like.

jpljr77

(1,004 posts)
10. No, and stop. Kavanaugh will be a SCOTUS justice for 25+ years. It's over.
Fri Oct 12, 2018, 11:37 AM
Oct 2018

Barring some revelation that votes were changed on Nov. 8, 2016, leading to the immediate resignation of Trump, Pence, and every appointee over the past 20 months (which, not to be crass, would be literally pornographic to me), he's in there for life.

Well, I guess Mark Judge could also have a come to Jesus moment and spill the beans about what really happened that night, but I'm pretty sure that'll never happen, either.

Latest Discussions»General Discussion»Do We Now Have A "Perjury...