In her Wall Street Journal column Kimberley Strassel lays out what might be thought of as the case for the defense:
The Ford-Kavanaugh hearing consumed most of Thursday, and unsurprisingly we learned nothing from the spectacle. Christine Ford remains unable to marshal any evidence for her claim of a sexual assault. Brett Kavanaugh continues to deny the charge adamantly and categorically, and with persuasive emotion.
Something enormous nonetheless has shifted over the past weeks of political ambushes, ugly threats and gonzo gang-rape claims. In a Monday interview, Alaska Sen. Lisa Murkowski noted: “We are now in a place where it’s not about whether or not Judge Kavanaugh is qualified.†Truer words were never spoken. Republicans are now voting on something very different and monumental—and they need to be clear on the stakes.
To vote against Judge Kavanaugh is to reject his certain, clear and unequivocal denial that this event ever happened. The logical implication of a “no†vote is that a man with a flawless record of public service lied not only to the public but to his wife, his children and his community. Any Republican who votes against Judge Kavanaugh is implying that he committed perjury in front of the Senate, and should resign or be impeached from his current judicial position, if not charged criminally. As Sen. Lindsey Graham said: “If you vote ‘no,’ you are legitimizing the most despicable thing I have seen in my time in politics.â€
The stakes go beyond Judge Kavanaugh. A “no†vote now equals public approval of every underhanded tactic deployed by the left in recent weeks. It’s a green light to send coat hangers and rape threats to Sen. Susan Collins and her staff. It is a sanction to the mob that drove Sen. Ted Cruz and his wife out of a restaurant. It is an endorsement of Sen. Dianne Feinstein, who kept the charge secret for weeks until she could use it to ambush the nominee with last-minute, unverified claims. It’s approval of the release of confidential committee material (hello, Spartacus), the overthrow of regular Senate order, and Twitter rule. It’s authorization for a now thoroughly unprofessional press corps to continue crafting stories that rest on anonymous accusers and that twist innuendo into gang rapes. A vote against Brett Kavanaugh is a vote for Michael Avenatti. No senator can hide from this reality. There is no muddy middle.
The stakes go even further, to the core of this country’s principles. To vote against Judge Kavanaugh now is to overthrow due process. Contrary to Democrats’ claims, due process is not constrained to courts of law; it is central to employee discipline, professional standards of conduct, even evictions of tenants. It is owed to any individual in a civilized body politic. Under due process, the accuser has the burden of proof. Ms. Ford has not met the evidentiary standard even of a civil proceeding, the preponderance of evidence—yet this case is more significant than any that has been dealt with in a court of law for ages. How the Senate votes now will reverberate to all levels of society. A “no†vote on Judge Kavanaugh is an authorization to renew calls for a Justice Clarence Thomas to step down. It is an authorization to derail the life of any white-collar manager or blue-collar crew boss who is ever subject to a single uncorroborated allegation.
And this is to say nothing of the federal judiciary. Democrats know that if Judge Kavanaugh goes down, Republicans will have no time to install a replacement before the midterm elections. The ultimate goal is to take over the Senate come November and keep the high court at a 4-4 deadlock until 2020, when they hope to regain the presidency, and then sway the balance of the court for a generation.
There is a corresponding case for the prosecution. The prosecutors would say that confirming Kavanaugh condones rape and perjury and demeans women.
I cannot adjudicate between these positions and I’m glad that I don’t have to. In my writings on this subject I have tried to be fair, objective, clear-eyed, and even-handed. Some will view that as cowardly or mealy-mouthed.
I have one thing to add. In their handling of this matter the members of the Senate Judiciary Committee have victimized both Dr. Ford and Judge Kavanaugh and they have done if for their own purposes. It could have been avoided. Dr. Ford was clear in her testimony that she did not expect that her letter that kicked all of this off would be made public or that she’d have to testify in public. That is entirely due to the actions of members of the Congress and their staffs and they should be ashamed of themselves.
To be clear, Sen. Feinstein did not think that this was serious enough to bring it up. Had it not been for some anonymous leaker, neither Sen. Feinstein or the Professor would have revealed it.
Did Feinsteun actually say that?
Agree some of the circus could have avoided, but, there were funds to raise, twitter mobs to stoke, columns to write, etc. Dr Ford should been told at the onset public testimony would be needed to derail the nomination.
Be interesting to see if state legislatures start whittling away at the presumption of innocence in sex crime cases.
@steve
Did Feinsteun actually say that?
Sen. Feinstein knew of the allegation six weeks before it became public, and her intention was for it to never become public. If it was not relevant six weeks before it became known, what changed?
Similarly, the Professor did not think that it was important enough to make it public six weeks before it became public. If it was to be kept secret six weeks before it became public, what changed?
What the Senator or the Professor say is irrelevant. Their actions are sufficient.
Rule of law, proving one’s innocence in the absence of any evidence of guilt is now seemingly irrelevant in this new political theater of aggrandizing unsubstantiated allegations. No matter how credible Ford appeared yesterday, she still provided no tangible, let alone reasonable details demonstrating this attack even occurred. In fact, much of her testimony seemed superficially thin in facts, while heavily imbued with emotion. Nonetheless, she continued with a firm memory of being 100% sure it was Kavanaugh, despite all her self-identified witnesses giving contrary statements under penalty of perjury.  Shouldn’t this ring any bells of dissent questioning the sheer veracity of a 100% debunked allegation?Â
Ironically, Ford’s parents/brothers have been invisible during this contentious event, not even showing up at yesterday’s hearing. Kavanaugh’s testimony, OTOH, while also emotional, had collaborating witness testimonies , hundred of people vouching for his character through all stages of his life, a long and unblemished professional record, a calendar of his summer of ’82 activities, a half dozen FBI investigations under his belt, with a wife, parents and female friends all behind him at yesterday’s hearing.  It’s getting clearer and clearer to me, though, that turning this man inside out, hanging him and his family out to dry and crack, will not provide satisfaction to this group of democrats, who just want him out of their way. Period!  Â
However, whether or not Kavanaugh is confirmed is actually becoming a secondary concern for me. Rather, I’m fearful, yes “fearful,” how the dems are retooling a nauseating shortcut for facilitating opposition to an adversary – demolish their reputation in the court of public opinion. The tactics employed, to defeat any government nominee they don’t like, are laced with violence, obnoxious vitriol, subversion of truth, shaming and deriding all opponents, and turning their backs on any/all distracting facts that don’t serve their ends.Â
Thus, it’s been both alarming and scary to behold this dismantling of our country’s judicial norms, by the democrat party, right before our eyes!  And, it’s equally disturbing to speculate that these current democrat maniacs could gain control of DC after the midterms, and run the country What a nightmare!Â
“alarming and scary to behold this dismantling of our country’s judicial norms”
This was not a judicial hearing. It was a Senate hearing. AS PD said, it was up to the administration to convince 50 people to vote to confirm him. You set up a few straw men here and knocked them down. Most of what you have is also irrelevant. Calendar? Please. How many people do you think remember to note “attempted rape” on their calendar. So, while she may not have tangible evidence, often the case in rape, we have made no serious attempt to verify Kavanaugh’s claims either.
Steve
Right on que Katz moves the FBI investigation goal posts.
Who coulda seen that coming?
Come on, Steve, the woman is totally convicting the guy with a vague memory in tow — one that offers no defining details around the teen gathering so it could be seriously tracked and verified, witnesses who refute her entire story, tons of inconsistencies in what she does relay, and lies she was caught in, such as stalling her testimony because of a “fear of flying” (after she has flown around the world to surf).
Just, for a moment, put you or your son in Kavanaugh’s shoes and think about the helplessness experienced in defending yourself against a stacked deck of rabid politicians, whose primary goal is to crush your integrity by ransacking your teen years for proof of latent debauchery, a sensationalized press who is 90% aligned with opposition politics, and a plaintiff who is treated with kid gloves in this very PC, “MeToo” climate. There would be little chance of providing any kind of satisfactory evidence in order for these foes and critics to back off, because that is not the end game of why this is happening. Sadly the twisted scenario being played on Kavanaugh is to barrage him with political clutter until he is wrung out and through. So, rejoice Steve, he’s probably toast!
Drew,
Do you think it’s merely a coincidence that Katz was also the attorney involved in an earlier legal pursuit of one of the other “victims?” I know she is requesting a broader investigation (of course), but hopefully this won’t happen. Sigh…..
One is as likely to find a unicorn as to encounter a non-partisan argument for or against Kavanaugh getting an appointment to the Court. It’s no wonder the biggest party is no party at all.
What’s really striking? How boring and irrelevant the whole thing is.
Jan
No, I don’t. Planned from the word go. Just look at the events and the pathetic excuses.
I don’t really understand those who feel the need to comment from the sidelines like lawyers or academics rather than like principals. It’s a personality trait in my experience. But the whole thing is so transparently set up by Prf Fords handlers and the Democrat activists that it is shocking, disqualifying in my opinion, to those staking out such positions. They would get relegated to the outer perimeter of the meeting room as bit players with no seat at the table in my business.
To be sure, Prof Ford May have had some incident in her past. In fact, she appears so devoid of real fact, memory and stridentcy that I suspect she has a series of issues she is dealing with. She certainly has been too weak to call bull on her handlers representations re: flying, location, therapy rationale, exposing the event, detail or even managing the process to her own desires. Is she willfully dishonest? I don’t know. But certainly a pliant and convenient, if photogenically appealing, mouse. But in the final analysis she has produced nothing but the incongruous certainty that Kavanaugh was the one. She has nothing else. My guess is that she was put up to that and told by her handlers it’s the sole thing she had to deliver during questioning.
At this stage those calling for more investigations are either dishonest or willingly being played. There will be no resolution,(and unless complete morons, they know it). but the opening has been given for endless calls for additional investigation and delay, and for parading the Avenattis of the world before cameras. That serves only one side.
I actually understand the Murkowski and Collins types. That’s political cover and survival. They are weak and callous, but they want to remain in office. That’s the system. I only hope they are willing to call bull after a week and declare sufficient political cover. The handlers are purely ideological, dishonest and callous, with no care for the institution’s or people they are degrading. They are evil. Unfortunately, that’s the system.
It’s the sheep I don’t understand. They arent stupid. I don’t think they are evil. They simply appear to be weak.
Steve,
The calendar is important because is shows Kavanaugh’s schedule in great detail. No, “attempted rape” would not be put on the calendar, but it is a contemporary record of where he was, what he did and who he was with and there is nothing in it that remotely matches the party that Dr. Ford gave. The calendar is not dispositive because we don’t know if it was a complete record, but it’s not meaningless either.
Andy,
supposedly the FBI are going to test Kavanaugh’s calendar to see how historically accurate it is, as to the timing of the entries – IOW, were they made recently, or does some kind of forensic analysis show they were jotted down in the early 80’s. If it is the latter it will give Kavanaugh’s account of events more legitimacy.
Drew,
A logical post. But, maybe our wiring, or the filter applied to sort through these events, is smilar.
Personally, I find the tactics of the Dems to be more and more egregious and hard to fathom as time goes on. Like you implied, the testimony of Ford was flawed and empty of facts, smothered by the careful guidance of attornies seated on either side of her. All she needed were strings dangling from her appendages to take on the appearance of a prompted “puppet.” It is manifestively so orchestrated to eyes like mine, with one main target in dems mind – to upend this conservative nominee at any cost and by any means possible.
Jan
I would ask you. Anyone. When has a Dem nominated judge been Borked, had pubic hairs on a coke can discussed, or been accused of rape? This is standard Dem smear tactics 101. The same crap accusations occur in elections. Kill the kids. Poison the water. Starve the elderly. Turn them into soilentbgreen. Predictable, and predicted. It’s argument by mob incitement. The only thing amazing is that anyone takes it seriously. Not the sharpest knives those.