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The Ford/Kavanaugh Hearings Today

Besides being really busy today (no, really), I didn't follow the hearings with Dr. Ford and Judge Kavanaugh. +Margie Kleerup listened to a lot of it, and we've seen a lot of sound bites about it afterwards.

My thoughts …

1. Ultimately, with just a "he said, she said" hearing, it's difficult to objectively make a clear judgment as to what happened in that 1980s incident. That, of course, is precisely how the GOP majority on the Senate Judiciary Committee arranged it, by refusing to listen to any other allegations or accusers, by refusing to subpoena a core witness (Mark Judge) in Dr Ford's allegations, and by refusing to let the FBI resume its background investigation.

Shrugging and saying, "Well, there's no way to tell, it's just counter-accusations" is premature at best, baldly dishonest at worst.

2. Both sides of the aisle clearly went into this with pre-judgment on this matter. Neither side has shown any glory in separating these allegations (and their investigation) from their political positions on his expected rulings on particular issues.

3. What I've seen of Dr. Ford vs Judge Kavanaugh certainly leaves me more sympathetic toward her than him. She did not come off as shrill or aggressive or attacking. He came across as One Angry Man. She came across as credible. He came across as furiously trying to bluster his way through.

4. Kavanaugh's anger could be understandable. This situation has been stressful for him. It's been clearly stressful for Dr. Ford, et al., too, but I didn't see her lashing out at the GOP Senators for the character assassination and death threats she's received. But I can understand Judge Kavanaugh being upset.

But beyond his expression of anger about the stress of the situation, he immediately pivoted to much darker threads. His blowing up about being the victim of Democratic "Borking," and then of some vast left-wing conspiracy through the Democratic Senators on the committee (!), as vengeance for his actions against the Clintons, was far less understandable.

His lashing out at and counter-questioning the Democratic Senators asking him questions, particularly Sen. Klobuchar, was deeply disturbing, and it seriously calls into question, in my mind, Kavanaugh's judicial temperament and ability deal with issues in a non-partisan fashion. At a minimum, I can't imagine anyone who as any relationship with the Democratic party thinking that they can get any sort of fair hearing before a Justice Kavanaugh.

(It's worth remembering, as Kavanaugh himself brought up, that he has a long track record as a political operative of the GOP. This is not a man who's been some career jurist. This was a partisan attack dog during the Ken Starr investigation, among other items. His intense partisan background, which clearly bubbled furiously to the surface today, makes him inappropriate for a SCOTUS seat.)

Kavanaugh's dancing around — without a yes or a no — questions from multiple Democratic Senators as to whether he thought there should be an extended FBI investigation to try to establish facts around the allegations, was terribly telling. Say "Yes," sir, and show that you want something at least vaguely fact-based. Say "No," sir, and argue a reason why not. Gulping and gasping and vaguely gesturing that "Whatever the Committee [i.e., the GOP majority on the Committee] wants to do, I support it" is a total bullshit answer.

(As is his twisting every question about having an FBI investigation turned into testifying before the Committee, which was not the question.)

5. If the devil is in the details, Kavanaugh's clear "little white lies" in testimony about what "Renate Alumni" and "Beach Week Ralph Club" in his yearbook represented are devilish. Because if you're going to lie on those sort of little things, it really makes me worry about what bigger he's lying about.

6. The GOP's blatant manipulation of the arrangements by having a "female assistant" (a prosecutor specializing in sex crimes) serving as their outsourced questioner of Dr. Ford, while then dismissing her when she started in asking questions of Judge Kavanaugh, was profoundly, baldly manipulative, and utterly grotesque.

7. In sum:

Do I know what happened in reality around the allegations that Dr. Ford brings? No.

Do I find her testimony credible enough to make a guess that she's being more honest here than Judge Kavanaugh? Yes.

Is there enough there to file charges? No. Even if the FBI investigated, I doubt there would be, statute of limitations aside.

Is there enough to deny him a seat on the Supreme Court? I don't know. I lean that way, but that's a much fuzzier thing.

Did his performance today make me think he should be denied a seat? Yes. He's a partisan hack.

Did the blatant political manipulation of this process by the GOP make me think he should be denied a seat? Yes, very much so.

Do I think he will be confirmed? Yes. Because the GOP has wanted a conservative majority for decades, and will let nothing short of live video of the episode, with a close-up on his face, stop it. And, honestly, I'm not even sure that would do it.

 

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11 thoughts on “The Ford/Kavanaugh Hearings Today”

  1. Sadly, it will be a foot note in history next week when the GOP confirms him.

    More amusing was Lindsey Graham’s performance to make his BFF trump happy so that he can be the next AG.

  2. I can’t help but contrast with George W. Bush, who opened his autobiography with his decision to quit drinking, or to Dick Cheney, whose autobiography didn’t skirt some stories about his wild younger days. Heck, even Mark Judge (before he went into hiding) talked about how his life changed over the years.

    I appreciate that this is a risky thing for a politician to do (and like it or not, judges are politicians), but I suspect that Kavanaugh would have gotten a warmer reception if he had more forcefully said that he changed as he grew older. His emphasis on being a young churchgoer, scholar, and sportsman sounded a little hollow.

  3. I thought he said earlier he would say far away, something about two zip codes, from politics. That must have been before he revealed his true political colors in his opening statements today. Anyone who has any doubt about his true self only need listen to his childlike opening statement. He did not tell the truth about his view of politics and he is not telling the truth about this event.

    Funny thing about the truth… history has a way of revealing it.

  4. +Stan Pedzick A footnote, but a footnote I suspect will be regularly brought up in the future.

    It happens with Thomas, too, but Thomas is such a sphinx that there's almost no opportunity for it as he vanishes into the background. Angry Partisan Kavanaugh having been revealed, and (presumably) being in a life-long sinecure, will be much more open and obvious in that behavior, which will only remind people of this whole shitstorm.

    Which won't mean that horrific stuff will come down from SCOTUS (indeed, it seems even more spitefully likely), but it won't be forgotten.

  5. His reaction to the politics of being question reminded me of the worst behavioral abuse of Judges in their courts.

    Also, I know that I’m more likely to overreact in a situation when I am in danger of being found out than when the truth is on my side. (But that’s just me. YMMV)

  6. I saw Kavanaugh as an alcoholic crying through his first day of rehab: again.

    Seriously, who goes to a job interview and cries through the “I liked beer. I still like beer, but I never drank to the point of blacking out,” bit and still expects to get the job?

    Can anybody imagine someone other than a super-entitled rich white guy saying that in front of a judge? Try it in any county courtroom and the laughter will shake the house down.

    Kavanaugh is a scumbag & probably a rapist: he should hang.

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