MSNBC's Ari Melber said there's no way that Brett Kavanaugh does not recall whether he spoke with an attorney regarding the special counsel investigation of President Donald Trump's ties to Russia.
Sen. Kamala Harris (D-CA) has grilled the Supreme Court nominee about whether he spoke to anyone at Kasowitz Benson Torres, a law firm founded by one of Trump's attorneys, about Robert Mueller and his investigation, and Kavanaugh finally denied such a conversation after insisting he did not recall.
"Judge Kavanaugh is too smart to play that dumb, and it shouldn't take 15 minutes and two days of rolling testimony to get to the answer," Melber said. "He's finally said on the record a no, so that's useful. That's why we have these hearings."
The legal analyst said Kavanaugh's claims that he could not recall a conversation with attorneys about the Mueller investigation are simply not credible, for one very specific reason.
"There's a thing in court called ex parte communications, that is when you have one-sided communications with lawyers," Melber explained. "Judges are highly restricted and regulated how they do that. If there's one thing they're going to remember on something as big as the Mueller probe, it would be the potential one-sided or private communications with a lawyer where he said he didn't have."