August 8, 2018
The Honorable George W. Bush
Office of George W. Bush
P.O. Box 259000
Dallas, TX 75225-9000
Re: Access to records relevant to Brett Kavanaugh Supreme Court nomination
Dear Mr. Bush,
As organizations committed to open government and accountability, we are alarmed by your role
contributing to the lack of transparency and selective access to records related to Supreme Court
nominee Brett Kavanaugh.1 In order for the Senate to fulfill its constitutional “advice and consent”
responsibility, senators from both parties must have equal access to all documents relevant to a
nominee, in as timely and complete a manner as possible. Your agreement with Chairman Grassley that
allows Republican senators to secure access to records in your possession and dictate which documents
will be released threatens the integrity of the Senate’s review of Supreme Court nominees and
undermines a process which has enormous consequences for the country.
The records now under review reportedly include only documents from Judge Kavanaugh’s tenure in the
White House Counsel’s office, not his time as Staff Secretary, excluding documents that shed light on
Judge Kavanaugh’s qualifications to be a Supreme Court Justice.2 Minority senators are being denied the
right to request documents related to Judge Kavanaugh, while majority senators appear to have access
to documents via your Presidential Records Act representatives. Giving such an unfair advantage to
senators supporting Judge Kavanaugh’s nomination comes at the expense of a fully transparent process
needed for full disclosure and scrutiny by all voting lawmakers.
Selective disclosures of documents with partisan political motivations hinder the Senate’s ability to fully
assess Judge Kavanaugh’s background and qualifications. As a former president in possession of archives
that are fundamentally important to preserving historical memory of government policy, you have a
responsibility to ensure equal access to these records in a non-partisan and transparent manner. The
Senate’s decision on whether to confirm a Supreme Court nominee has vast and long-lasting
ramifications for the nation, and we implore you to do your part to make certain that lawmakers from
all parties are able to request and access the documents they need to make that decision.
We ask that you refrain from continuing selective negotiations with senators for records, and instead
ensure that all requests for documents in your possession and in your presidential library related to

1
2

Letter to Senator Dianne Feinstein from Archivist David S. Ferriero, July 26, 2018: https://bit.ly/2M7pPuV.
Senator Leahy Remarks on Judge Kavanaugh and Torture, August 1, 2018: https://cs.pn/2Axsywv.

 Judge Kavanaugh’s tenure at the White House are fulfilled, and do you part to provide full transparency
and protect the integrity of the nomination process.
Thank you for your attention to these requests. For more information, please contact Lisa Rosenberg at
Open the Government, lrosenberg@openthegovernment.org or 202-332-6736.

Sincerely,
American-Arab Anti-Discrimination Committee (ADC)
American Oversight
Campaign for Accountability
Center for Media and Democracy
Defending Rights & Dissent
Demand Progress
Electronic Privacy Information Center
Liberty Coalition
National Coalition Against Censorship
National Religious Campaign Against Torture
National Security Archive
Open the Government
Project On Government Oversight
Sunlight Foundation