Sen. Jeff Merkley, D-Ore., introduced Wednesday that he’s submitting a lawsuit in opposition to President Trump and Senate Majority Chief Mitch McConnell, R-Ky., in a bid to stop the Senate from taking on Brett Kavanaugh’s Supreme Court docket nomination till his “full file” is accessible.
“I’m suing [Trump] & [McConnell] right now to cease the unconstitutional #KavanaughConfirmation course of,” Merkley tweeted on Monday. “They might need to ram by means of this nomination come hell or excessive water, however that’s simply not how our Structure works.”
The assertion got here amid graphic new allegations that the nominee was concerned in “gang” rapes within the 1980s, which Kavanaugh vehemently denies.
Merkley, who known as Kavanaugh’s nomination “an assault on the separation of powers,” stated he will likely be submitting the lawsuit someday on Wednesday in federal courtroom in Washington, D.C., and that he desires the courtroom to dam a vote till all paperwork are handed over.
Chatting with reporters in Washington, Merkley acknowledged that he doesn’t know of any precedent the place a courtroom blocked the Senate from voting, however added that he doesn’t recall a time the place the White Home had so “profoundly interfered” on a Supreme Court docket nominee’s paperwork.
“That is unchartered territory,” he stated.
His workplace stated the go well with argues the defendants’ dealing with of the nomination violated the “separation of powers and the recommendation and consent clause,” by withholding paperwork.
Merkley’s announcement comes lower than 24 hours earlier than Kavanaugh and California professor Christine Blasey Ford are set to testify earlier than the Senate Judiciary Committee about an alleged sexual assault whereas the 2 had been in highschool.
Earlier within the day, legal professional Michael Avenatti additionally recognized and launched a “sworn declaration” from a girl who claims Kavanaugh was concerned in “gang” rapes within the early 1980s.
Avenatti’s consumer was recognized as Julie Swetnick, who additional claims within the assertion that Kavanaugh and a good friend had been “current” when she grew to become a “sufferer of one among these ‘gang’ or ‘prepare’ rapes” in 1982.
Kavanaugh issued a powerful denial in response, saying in a press release: “That is ridiculous and from the Twilight Zone. I don’t know who that is and this by no means occurred.”
The Senate Judiciary Committee on Wednesday launched Kavanaugh’s ready testimony forward of Thursday’s listening to. In it, Kavanaugh says he “by no means sexually assaulted anybody – not in highschool, not in school, not ever.”
“Sexual assault is horrific,” he says. “It’s morally mistaken. It’s unlawful. It’s opposite to my spiritual religion.”
Kavanaugh instructed Fox Information in an interview broadcast Monday night time that he has “at all times handled girls with dignity and respect.”