Kavanaugh squared off with Dr. Christine Blasey Ford in a
remarkable, virtually unprecedented and occasionally ugly debate over allegations that he
sexually assaulted her when they were high school students in suburban Maryland
in 1982.
The California psychology professor calmly and firmly told
the Judiciary Committee she was 100% certain that Kavanaugh attempted to rape
her at a beer-fueled house party when she was 15 years old. The judge responded
angrily that he was 100% certain he didn’t do it.
The fallout from this classic he said / she said
confrontation ranges from shock, sadness, sympathy and anguish from liberals and especially other victims of sexual assault and their supporters on the one side
to political conspiracy theories and “smear” allegations from the Trumpian
right wing and its base.
One comment I read this morning stands out, however. It
suggested that Brett Kavanaugh should never be confirmed because of what Mitch
McConnell and the Republicans did to Barack Obama nominee Merrick Garland in 2016.
And that, in my opinion, is
not and should not be what this debate
is all about.
In the last year of the Obama presidency, McConnell and his Republican majority refused to
consider the appointment of Garland to fill the seat vacated by the death of
Justice Antonin Scalia, sitting on the vacancy for 10 months until Obama was
out of office and Trump took his place in the White House. Conservative Neil
Gorsuch was appointed to the bench instead, and took his seat in April 2017.
That shameless act by the GOP majority did happen and it was wrong on so many levels, but it’s over and no
one can fix it. Sometimes your team loses the game, but you don’t get to go
back and play it again just because you didn’t like the result. So this is not
about revenge for Merrick Garland because there is no mulligan for that. He’s
not on the court and Neil Gorsuch is. Period.
What this is
about, quite simply, is the issue of doubt.
There is doubt about whether Brett Kavanaugh is guilty of
sexual misdeeds in his high school and college years and even later, according
to three accusers. There is doubt about whether Dr. Ford or the other women have
anything to gain from accusing Kavanaugh and whether they are pawns of the
Democratic Party to sabotage Kavanaugh’s nomination.
There is doubt about whether the FBI should have been called
in to investigate the allegations, and there is doubt about what several identified
witnesses would say if such an investigation were to take place.
Most of all, there is doubt as to whether Brett Kavanaugh is
morally, emotionally and mentally fit to serve a lifetime appointment on the
highest court in America as questions linger about his drinking, his anger and
his relationship with women. The court already has one sitting justice who was
famously accused of sexual misconduct in the early 1990s. Does the court really
need another one, should the claims about Kavanaugh be true?
To resolve those doubts, there needs to be an independent,
non-partisan, non-political investigation into the claims of three women who
say they were assaulted by Judge Kavanaugh. Such a probe would involve
interviewing a number of witnesses whose names have been revealed and who are suspected
of having knowledge about the alleged incidents.
One of them, who Dr. Ford said participated in the assault,
is hiding out in a Delaware beach house and refusing to tell what he knows.
Instead, we have the Senate Judiciary Committee – with its ruling
majority of 11 mainly old, white men – sitting in judgment of Dr. Ford’s and
Kavanaugh’s claims. In no universe does this body of legislators qualify as an
independent third party, yet that’s what’s taking place.
As I and many others have said repeatedly, there is really no
hurry to get this confirmation done, except as a desperate partisan political
movement to give the Trump Republican base a victory prior to the November
mid-term election. The court isn’t even in session, and there are indications
that an FBI investigation could be completed in a week or less.
If the charges against Kavanaugh were confirmed, the country
could be spared one of the greatest mistakes in Supreme Court history, or at
least since Clarence Thomas was seated on the bench. If the charges cannot be proven
beyond any reasonable doubt, Kavanaugh could still be confirmed as President
Trump and the Republican Party intended. Liberals wouldn’t be happy, but that’s
the way the system is supposed to work.
On the other hand, the debate over the fate of Brett
Kavanaugh is an opportunity for the U.S. Senate to do one thing right, in a time when it has done so many things wrong. Is
that too much to ask?
Most likely it is, I'm afraid. I would say I’m hopeful if not optimistic,
but realistically, we can drop the hopeful part. I’m just not banking on the
Senate to find its spine. Meanwhile, hang on to your hats, boys and girls, because this train wreck isn't over, and I think it's going to get even uglier before the last of the wreckage is cleared away.
