Sen. Kamala Harris, D-Calif., raised eyebrows Wednesday night for broaching a mysterious line of inquiry during Judge Brett Kavanaugh’s confirmation hearing.
“Have you discussed the Mueller investigation with anyone at Kasowitz Benson Torres, the law firm founded by Marc Kasowitz, President Trump’s personal lawyer?” she asked Kavanaugh, adding, “Be sure about your answer, sir.”
“I’m not remembering but if you have something, you want to …” Kavanaugh said. “I’m not sure if I know everyone who works at that law firm … I’m not remembering.”
And the exchange proceeded along those lines for several minutes. “I think you’re thinking of someone and don’t want to tell us,” Harris suggested, leaving the impression she was actually thinking of someone herself.
[Opinion: At Kavanaugh hearings, it’s Kamala vs. Cory]
Complete exchange between @senkamalaharris and Judge Kavanaugh on Mueller Investigation. pic.twitter.com/FXhW3XmV19
— CSPAN (@cspan) September 6, 2018
Vox spoke to a “Democratic aide” who explained, “We have reason to believe that a conversation happened and are continuing to pursue it.” But then the Daily Caller reported on Thursday morning that a “senior Trump administration official involved in the confirmation process” told them Kavanaugh had “reviewed a roster of lawyers at that firm on Wednesday night, and knew only one attorney.”
“The official said Kavanaugh has not discussed the Mueller investigation with that attorney,” Kevin Daley reported.
Politico wrote that Kavanaugh “stumbled” during the exchange, and it’s true that his long pauses, slow speech, and ambiguous answers were not juxtaposed favorably with Harris’ confident, pointed questions. She clearly had the upper hand. But for Kavanaugh, this was a “stumble” worth taking.
Kasowitz Benson & Torres reportedly employs more than 250 lawyers. Kavanaugh needn’t have even known the approximate size of the firm on Wednesday night to know it was smart not to confirm or deny anything under oath. Based on Harris’ questions alone, issuing a denial beyond “not remembering” could create perjury problems if Kavanaugh did anything as minor as chat vaguely about the Mueller probe with another parent on the sidelines of a lacrosse match who happened to work for Kasowitz. That’s obviously taking the possibility to its logical extreme, but the point remains that Harris’ ambiguous ambush was an attempt to steer him into a trap.
Kavanaugh’s performance during the exchange may have been enough to stir viral excitement on the Left, but that’s better than batting Harris down more firmly and opening up an opportunity for Democrats to pounce.
Given that (a) major firms employ many lawyers, (b) people who run in legal circles can’t reasonably make note of where every other lawyer they talk to works, and (c) a “discussion” about the Mueller investigation could amount to something perfectly innocent and unmemorable, Kavanaugh was smart not to commit on Wednesday, even if it looked suspect to his detractors.
