Although I don’t agree with the tone of their editorial, I agree with the assessment of the editors of the New York Times about the decision of the Senate Judiciary Committee to conduct hearings on the allegations about Supreme Court nominee Brett Kavanaugh:
The Senate Judiciary Committee is right to reopen hearings on Brett Kavanaugh’s confirmation after a claim of sexual assault.
The Senate is a political institution not a judicial one and it is politically necessary, for the sake of the Senate, Republicans, Brett Kavanaugh, and his accuser that the Committee be seen to be taking the allegations seriously.
As to what happens then, as I noted yesterday, much depends on Judge Kavanaugh’s temperament, about which I know nothing.
The editors of the Washington Post have a more tempered response:
The FBI should interview all relevant players and look into the extent to which any witnesses can corroborate Ms. Ford’s account or Mr. Kavanaugh’s denial.
The Judiciary Committee should then hold a hearing. Ms. Ford’s lawyer has said Ms. Ford is willing to testify, and so is the nominee. Monday night Senate officials said such a hearing would take place next Monday, which might be fine — but only if the FBI investigation is complete. The bureau should be given such time as it needs.
The shortcoming of this suggestion is that the FBI has already had months to investigate Judge Kavanaugh and it gave him a clean bill of health. Merely reopening the FBI’s investigation should call either the FBI’s, Sen. Feinstein’s, Judge Kavanaugh’s, or his accuser’s probity into question or possibly all four.
Any FBI investigation should be highly focused. It should concentrate on a single question: is there any independent corroborating evidence for the accuser’s claims? There should be brief Senate Judiciary Committee hearings, a public spectacle should not be allowed, and, in the absence of corroborating evidence, Judge Kavanaugh’s nomination should be brought up for a vote. Let the Senate decide.
The editors of the Wall Street Journal, on the other hand, favor a more combative approach:
GOP Senators should understand that the political cost of defeating Mr. Kavanaugh will likely include the loss of the Senate. Democrats are already motivated to vote against Donald Trump, and if Republicans panic now their own voters will rightly be furious. They would be letting Democrats get away with the same dirty trick they tried and failed to pull off against Clarence Thomas.
It would also be a serious injustice to a man who has by all accounts other than Ms. Ford’s led a life of respect for women and the law. Every #MeToo miscreant is a repeat offender. The accusation against Mr. Kavanaugh is behavior manifested nowhere else in his life.
No one, including Donald Trump, needs to attack Ms. Ford. She believes what she believes. This is not he said-she said. This is a case of an alleged teenage encounter, partially recalled 30 years later without corroboration, and brought forward to ruin Mr. Kavanaugh’s reputation for partisan purposes.
Letting an accusation that is this old, this unsubstantiated and this procedurally irregular defeat Mr. Kavanaugh would also mean weaponizing every sexual assault allegation no matter the evidence. It will tarnish the #MeToo cause with the smear of partisanship, and it will unleash even greater polarizing furies.
Sadly, that horse has already exited the barn. If there is a way of taking accusers seriously while not tarnishing the reputations and blighting the lives of the innocent, I don’t see it.
Under the ancient Chinese system of jurisprudence those who accused others of crimes falsely were subjected to the punishments that would have applied to the accused had they been guilty. I don’t think we’re capable of taking such draconian steps. For one thing increasing the risks involved in making accusations would be seen by many as an enormous step backwards.