Kavanaugh: Defends Bush War on Terror After 9/11

• Justice Brett Kavanaugh, then White House counsel, recounted his personal experience of the 9/11 attacks, including fleeing the White House and watching the South Tower collapse.
• Kavanaugh defended President George W. Bush's decisions to invade Afghanistan and launch the Iraq War, emphasizing a post-9/11 shift in America's mindset to confront threats abroad.
• On the night of September 11, 2001, Kavanaugh and other White House counsel staff began researching emergency authorities for President Bush to utilize.
• Speaking at Notre Dame, Kavanaugh stressed the importance of national unity and the preservation of American values like freedom of religion and speech in the 25 years since the attacks.
• He praised President Bush's leadership and conduct in the wake of 9/11, citing moments like the World Series first pitch as symbols of national resolve.

That very night, following the day's harrowing events, he and other staff members returned to the White House. Their urgent task was to begin researching the emergency authorities that President Bush might need to invoke to respond to the crisis.

Supreme Court Justice Brett Kavanaugh recently shared his vivid recollections of September 11, 2001, during a panel discussion at the University of Notre Dame. Speaking at Indiana's prestigious private Catholic college, Kavanaugh, who served as counsel to President George W. Bush at the time, described the immediate chaos and uncertainty that gripped Washington D.C. He recounted being inside the White House that morning, gathering in the West Wing after the initial attack on the North Tower, and then briefly taking shelter in the basement following the second plane's impact.

The justice vividly recalled a Secret Service agent urgently instructing staff to run, specifically telling women to remove their heels and sprint. He and other White House personnel fled the premises, heading towards Lafayette Park. From the Mayflower Hotel, after making their way down Connecticut Avenue, Kavanaugh watched on television as the South Tower collapsed, describing a profound sense of devastation and disbelief that such events could unfold in America. He emphasized that he remembers much from that day, which remains seared into his memory.

This panel, convened by Notre Dame, brought together various speakers to offer their diverse experiences of the tragic day. Many students in the audience were not yet born in 2001, prompting panelists to recommend resources for them to grasp the lessons learned from the attacks and understand events they had not personally witnessed.

During his address, Justice Kavanaugh, a Donald Trump appointee, offered a robust defense of President George W. Bush's strategic decisions in the aftermath of 9/11, particularly the invasion of Afghanistan and the launch of the Iraq War. He acknowledged that mistakes were made but urged the audience to focus on the positive outcomes that emerged from the tragedy and its subsequent response. Kavanaugh highlighted a fundamental shift in America's post-9/11 mindset, which pivoted towards confronting threats abroad before they could materialize on domestic soil.

He cautioned against conflating the distinct rationales behind the two military interventions, stressing the importance of understanding their individual justifications. Kavanaugh also reflected on the fluctuating public perception of warfare, noting that its popularity rises and falls. However, he emphasized that this should not obscure the potential for national unity and shared values, which he believes were paramount in the nation's response. He praised President Bush as a role model, commending his conduct and demeanor in the wake of the attacks.

In the immediate aftermath of the attacks, as the nation grappled with unprecedented threats, Justice Kavanaugh revealed the critical role played by the White House counsel's office. That very night, following the day's harrowing events, he and other staff members returned to the White House. Their urgent task was to begin researching the emergency authorities that President Bush might need to invoke to respond to the crisis.

This immediate legal work underscored the necessity of understanding the scope of executive power during a national emergency. Kavanaugh's account highlights the rapid mobilization of legal expertise required to navigate uncharted territory and establish a legal basis for the subsequent War on Terror. The counsel's office was tasked with identifying the constitutional and statutory frameworks that would permit the executive branch to act decisively in defense of the nation.

Justice Kavanaugh underscored the themes of unity, resilience, and the enduring strength of American values in his reflections. He asserted that the attackers targeted the United States because they despised its Constitution, its core values, its freedom of religion, and its freedom of speech. He proudly stated that these fundamental freedoms have been preserved over the 25 years since the attacks, allowing the country to thrive despite the immense challenges.

Kavanaugh urged the audience to revisit President Bush's speeches from the days following September 11, 2001, as powerful examples of national resolve. He also recalled the iconic moment when President Bush threw out the first pitch at the World Series in Yankee Stadium the following month, describing the crowd's chant of "USA, USA" and Bush's gesture as a clear message to al-Qaida and the nation about American unity and determination to respond. He concluded that grief, anger, and resolution, alongside unity, were the defining sentiments that emerged from 9/11.

This article offers a historical perspective on the critical role of White House counsel in advising on the scope of executive emergency authorities during a national crisis, illustrating the legal considerations and precedents that shaped the US response to 9/11 and the subsequent War on Terror. Lawyers in constitutional law or government practice may find this a relevant case study on executive power and legal counsel's function during emergencies.

Source: Original reporting via Courthouse News Service