I’ve now read a number of editorials and more commentary on the hearings. The New York Times and the Washington Post both want an FBI investigation or outright rejection of Kavanaugh. The Wall Street Journal thinks he should be confirmed.
In her opening remarks Sen. Dianne Feinstein turned to the trope that the hearings weren’t a criminal trial but a job interview. IMO that characterization falls short. I’ve conducted scores of job interviews and been interviewed myself multiple times. None of them has ever been conducted in the media or resulted in character assassination but that’s very much what has happened.
I would support the calls for an FBI investigation if Sen. Feinstein would commit in advance that if the investigation failed to corroborate Dr. Ford’s story, she’d vote to confirm Kavanaugh. An investigation that changes no votes is merely a delaying tactic. My advice: pecca fortiter. If you’re going to be rawly partisan, do it boldly.
The FBI isn’t an Article I agency; it’s an Article II agency. Consequently, President Trump could direct the FBI to conduct an investigation; the Congress cannot do so.
Here’s my beef with saying it’s a job interview. You have to give more context. This is a job interview to promote someone that already works for the company; has gotten excellent review for years; he was the only one considered (eg to become partner at an accounting firm); the interview went well enough.
Also anyone remember Justice delayed is justice denied.
A delaying tactic that is the equivalent to killing the nomination. And it would be treated as an equivalent to pronouncing him guilty by whatever standard we make.
No, this isn’t a mere job. And “Advice and Consent” isn’t a mere job interview, it’s a core function of our system of government and critical to maintaining separation of powers, the legitimacy of the court, and the proper functioning of our government. For Senators to talk about their role in this way just demonstrates how f&cked up that body is presently
The people of this country and the those in power in the other two branches of government accept the rulings and legitimacy of the Supreme Court because, in part, of the selection process to choose Justices. If that legitimacy disappears, then so does the authority of the court. And when that is gone, what is left to restrain the other two branches of government?
The process for nominations and advice and consent has been heading downhill for a while now, but this episode guarantees it will be tainted far into the future. This will happen regardless of if Kavanaugh is confirmed or not because each side is so set in their trenches and they view this as an existential political fight.
Put simply our politicians are purposely trading the legitimacy of government for expedient partisan ends. That won’t end well. Any government can’t survive, much less be effective, without legitimacy.
Many Democrats clearly already view the federal government as illegitimate. They see their present course as restoring legitimacy rather than as an attack on it.
I think there should be a investigation. If the GOP wants to go ahead and confirm, that wouldn’t bother me a lot of we still had the investigation. He would be cleared if they found nothing. If they find something he should resign. The big difficulty I see is that he may have understated his drinking. If they find evidence of frequent heavy drinking so they prosecute for perjury? Impeach? We have precedent for this.
Steve
Would it be too much to ask that both Ford and Kavanaugh submit to waterboarding?