Brett Kavanaugh Confirmation Apocalypse-Part II

September 19, 2018

The recent, explosive new allegations concerning President Trump's SCOTUS pick Brett Kavanaugh which details an alleged sexual assault in high school and an incident of indecent exposure at Yale, has thrown a massive wrench into the proceedings for his nomination to the United States Supreme Court.

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The already contentious nomination process for Brett Kavanaugh, President Trump's Supreme Court nominee to replace the retiring Anthony Kennedy took a turn towards Armageddon.  A letter from California Senator Diane Feinstein detailed testimony from a woman who alleged she was sexually assaulted by Brett Kavanaugh during a high school party at someone's home in 1983.  This woman, Christine Blasey Ford, said that during a party attended by Mr. Kavanaugh and his friends from Georgetown Preparatory School, Mr. Kavanaugh sexually assaulted her.  The incident allegedly describes Mr. Kavanaugh forcing himself on Ms. Ford, to a point where she feared for her life.  Senator Feinstein knew of the woman, and the letter was submitted to her by Representative Ann Eshoo, Ms. Ford's local member of Congress.  Many are wondering why Feinstein did not mention the letter or the incident during two days of hearings with Mr. Kavanaugh with the Senate Judiciary Committee.  Democratic progressives were upset that Senator Feinstein treated him with a soft approach.  Conservatives are curious why she sat on the letter and did not bring up the issue when she had a chance to aggressively question Brett Kavanaugh's character at the time.

This new development, in the #MeToo era, is new territory for the country.  For Republicans, there are no women who serve on the Judiciary Committee. If they are not careful, this will resemble the Anita Hill questioning during Supreme Court Justice Clarence Thomas's hearings before his eventual confirmation in 1991.  The perception of white men interrogating a woman accusing a controversial nominee of the Supreme Court of sexual assault can have a bad outcome for Republicans.  They need to be respectful but firm in their questioning of the alleged incident. As currently planned, an attorney experienced in sex crimes will ask questions on behalf of the Republican majority on the committee. If they are clumsy in how they handle this difficult situation, it will rally Democratic voters and allow the party to portray Republicans as sexist, misogynistic and inconsiderate towards a woman who requires respect and sympathy.   Right now, polls show that Democrats are poised to win back control of the House of Representatives. Republicans and Democrats are both using supportive media platforms to protect their own political positions.  Democrats, however, are attempting to destroy the nomination of Brett Kavanaugh and to use this nomination fight as a campaign issue to sway the upcoming election in their favor.

Ms. Ford should be allowed to state her case and give uncomfortable testimony to the alleged incident detailed in the letter.  However,  because America is a constitutional republic, a nation of laws, each citizen has equal protection under the law, and Mr. Kavanaugh should be allowed to defend himself.  The women members of the Senate Judiciary Committee want the FBI to open an investigation in this accusation against Mr. Kavanaugh.  Republicans feel that this is a waste of time since any investigation would include the two people involved in this alleged sexual assault, along with the other person in the room, Mike Judge, who was a friend of Brett Kavanaugh, and purportedly a witness to what happened. Anyone else's testimony would be second-hand, and would not provide compelling testimony other than the people who had been involved.  

In one view, Tucker Carlson, a Fox News commentator, feels that since the alleged incident regarding Ms. Ford and Mr. Kavanaugh took place in the 1980s in Maryland, state and local law enforcement authorities should take the initiative to look into the matter.  Mr. Carlson feels that it is not a federal crime, as of now, and that any actions should be undertaken by local prosecutors.  He also feels that since the incident took place nearly 35 years ago, the statute of limitations does not provide cover for any proposed charges.  Conservative activist Ed Whelan has also made public statements on Twitter defending Brett Kavanaugh, alluding to the assault by someone else who lived close to the house where the incident took place and could have been mistaken for Kavanaugh.  This could be defamatory since a person who has not been investigated or charged with any crime is being linked to a sexual assault and is based essentially on conjecture.  For Congress to reach a respectable conclusion, a calm and careful approach is desirable.

I think the Judiciary Committee needs to be careful about how they move forward, though.  Both Ms. Ford and Mr. Kavanaugh were not adults at a party where there was alcohol. Accepting testimony from people who were teenagers at the time has to be treated delicately. I also feel that if they rush the speaking opportunities for both Brett Kavanaugh and Ms. Ford to provide details, the Republican party runs the risk of pushing the confirmation of a man whose assault allegation was not investigated thoroughly by law enforcement.  I fully understand the seriousness of a lifetime appointment of a Supreme Court Justice, especially one whose conservative credentials is paramount to getting him confirmed. It is important for the Republican party as a whole.

In addition to Ms. Ford's allegation, per CNN, this one from a student at Yale, Deborah Ramirez, who said Brett Kavanaugh exposed himself to her during a freshman dorm party. At this time, these are unsubstantiated stories, but that could later reveal to be a troubling behavior by Mr. Kavanaugh.  If these articles start to carry weight, show merit and discussed at length by the mainstream media, with Ms. Ford and others being convincing and credible witnesses, it could spell the end of Brett Kavanaugh's nomination. Additionally, it could energize Democrats to rally their voters to give the party its desired political opening to win back the lower House.

A new plot twist to an already contentious political climate in Washington, D.C. could mark a new era in which a public official's behavior, supported and influenced by online discussion, could dictate a new methodology for future Supreme Court nominees, Brett Kavanaugh notwithstanding. Both conservative and liberal media outlets and individuals are using spin and accusatory language to support or disapprove their preferred candidates.  Consequently, it could also damage the prospects of well qualified and honorable men and women whose life experiences will be dissected and destroyed.  It would be sad for the country if impressive lawyers and judges are turned away from public service. Precisely at this point in our nation's history, these very types of people are needed in America right now.