Judge Brett Kavanaugh sits on the United States Court of Appeals for the District of Columbia Circuit. Several news articles, including those here, here, and here, mention him as a leading contender to be nominated by President Donald Trump to replace retiring justice Anthony Kennedy on the United States Supreme Court.
The nomination of Kavanaugh would be ironic, given candidate Trump’s disparaging comment about a death investigation in which Kavanaugh played a major role. On July 20, 1993, Hillary Clinton’s former law partner, and then deputy White House counsel for President Bill Clinton, Vincent Foster, was found dead in Virginia’s Fort Marcy Park. The official U.S. government conclusion is that Foster committed suicide in the park. In May of 2016, candidate Trump stated that the circumstances of the death were “very fishy.” At the 2004 confirmation hearing for Kavanaugh, Sen. Orrin Hatch (R-Utah) stated: “Mr. Kavanaugh served in the Office of Independent Counsel under Judge Starr, where he conducted the office’s investigation into the death of former Deputy White House Counsel Vincent W. Foster, Jr.” A 1998 New York Times article also states that Kavanaugh “led the investigation into the death of the deputy White House counsel Vincent W. Foster Jr.”
Before Trump makes his decision, he should speak with Miguel Rodriguez, who was an assistant United States attorney in Sacramento, California when he was selected to lead the Foster death investigation for Kenneth Starr’s Office of Independent Counsel for a time in the mid-1990s. I wrote about Rodriguez in my AT article in May of 2016 discussing the Foster case and my Freedom of Information Act lawsuit to force public disclosure of photographs of Foster’s deceased body taken at the park.
After my lawsuit ended,…