From the letter:
As you know, in 2006, Judge Kavanaugh told the Committee under oath that he was “not aware of any issues” regarding “the legal justifications or the policies relating to the treatment of detainees”;[1] was “not involved in the questions about the rules governing detention of combatants”[2]; had nothing to do with issues related to rendition;[3] and was unaware of, and saw no documents related to, the warrantless wiretapping program conducted without congressional authorization.[4]
However, at least two documents that are publicly available on the Bush Library website from Judge Kavanaugh’s time as Staff Secretary suggest that he was involved in issues related to torture and rendition after 9/11. In one, just days after the existence of the Office of Legal Counsel “torture memos” was publicly revealed, then-Deputy White House Chief of Staff Harriet Miers forwarded to Judge Kavanaugh a set of talking points addressing the memos and U.S. torture policy.[5] The forwarded email makes clear that then-Deputy National Security Adviser Stephen Hadley had personally asked for Judge Kavanaugh’s review. Similarly, another email shows that Judge Kavanaugh was included on an email chain circulating talking points on rendition and interrogation.[6] These emails and talking points demonstrate why we need access to Judge Kavanaugh’s full record as Staff Secretary.
https://www.leahy.senate.gov/press/081618kavanaughmisledrls
