Behind the scenes and before the New Yorker story

Another indication that Kavanaugh may have tried to stifle claims about his behavior:

In the days leading up to a public allegation that Supreme Court nominee Brett Kavanaugh exposed himself to a college classmate, the judge and his team were communicating behind the scenes with friends to refute the claim, according to text messages obtained by NBC News.

Kerry Berchem, who was at Yale with both Kavanaugh and his accuser, Deborah Ramirez, has tried to get those messages to the FBI for its newly reopened investigation into the matter but says she has yet to be contacted by the bureau.

The texts between Berchem and Karen Yarasavage, both friends of Kavanaugh, suggest that the nominee was personally talking with former classmates about Ramirez’s story in advance of the New Yorker article that made her allegation public. In one message, Yarasavage said Kavanaugh asked her to go on the record in his defense. Two other messages show communication between Kavanaugh’s team and former classmates in advance of the story.

And then there’s the fact that Kavanaugh lied about this chatting in a committee interview.

Berchem’s texts with Yarasavage shed light on Kavanaugh’s personal contact with friends, including that he obtained a copy of a photograph of a small group of friends from Yale at a 1997 wedding in order to show himself smiling alongside Ramirez 10 years after they graduated. Both were in the wedding party: Kavanaugh was a groomsman and Ramirez a bridesmaid at the wedding.

On Sept, 22nd, Yarasavage texted Berchem that she had shared the photo with “Brett’s team.”

But when Kavanaugh was asked about the wedding during a committee interview on Sept. 25th, he said he was “probably” at a wedding with Ramirez. Asked if he interacted with her at the wedding, Kavanaugh replied, “I am sure I saw her because it wasn’t a huge wedding,” but added that he “doesn’t have a specific recollection.” Lying to Congress is a felony whether testimony is taken under oath or not.

And that is a lie, you see, because he obtained the copy of the photo and sent it to friends in order to show himself smiling alongside Ramirez 10 years after they graduated. He did that, so he can’t have been uncertain about being at that wedding and he does have a specific recollection.

In a series of texts before the publication of the New Yorker story, Yarasavage wrote that she had been in contact with “Brett’s guy,” and also with “Brett,” who wanted her to go on the record to refute Ramirez. According to Berchem, Yarasavage also told her friend that she turned over a copy of the wedding party photo to Kavanaugh, writing in a text: “I had to send it to Brett’s team too.”

Bob Bauer, former White House counsel for President Barack Obama, said: “It would be surprising, and it would certainly be highly imprudent, if at any point Judge Kavanaugh directly contacted an individual believed to have information about allegations like this. A nominee would normally have been counseled to leave to his legal and nominations team the job of following up on any questions arising from press reports or otherwise, and doing so appropriately.”

Can you say “witness tampering”?

Further, the texts show Kavanaugh may need to be questioned about how far back he anticipated that Ramirez would air allegations against him. Berchem says in her memo that Kavanaugh “and/or” his friends “may have initiated an anticipatory narrative” as early as July to “conceal or discredit” Ramirez.

Kavanaugh told the Senate Judiciary Committee under oath that the first time he heard of Ramirez’s allegation was in the Sept. 23 article in The New Yorker.

Kavanaugh was asked by Sen. Orrin Hatch, R-Utah, when he first heard of Ramirez’s allegations. Kavanaugh answered: “In the New Yorker story.”

Lying under oath? Lying to Congress?

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