Boys behaving badly usually do it more than once. And so Deborah Ramirez has come forward with a narrative that Brett Kavanaugh exposed his penis to her at a Yale party, forcing her to touch it. How many more victims will sacrifice to come forth in a futile effort to declare Kavanaugh unfit for SCOTUS or the Federal Appeals Court bench he holds now?
Admittedly, Ms Ramirez’s story is more tenuous. There are no eyewitnesses; however, the people who said that they didn’t remember it are the ones named by her as people who were egging on the future judge to perform the act. Still, there are a number of people who heard about it secondhand and the incident was known and discussed on the Yale campus. Ronan Farrow, who broke the story in The New Yorker, said in a PBS News Hour interview that several news organizations, including the NY Times, were chasing the story but that Ms Ramirez and others decided to cooperate exclusively with The New Yorker. He also said that a number of Senate staffers were already investigating the allegations.
The judge’s response was the usual categorical denial. He later added in a Trump TV-Fox News interview that he was a virgin for many years after the purported incidents. Virginity is not a counter argument; Catholic priests are an example of that. Moreover, adult virgins are more often masturbators.
The one thing that has been missing is his position on further FBI investigation. He has made no statements about that. But as a jurist, it seems logical that he would want an investigation to provide evidence of his innocence generated by a neutral law enforcement agency. That would be the most reliable evidence, the one that would most closely resembles a legal defense. He should have been the first one to agree with Christine Ford that an investigation was needed. Instead, he pushed back, saying he’d been investigated multiple times. Of course, if the FBI had not been informed of this claim, it would not have surfaced, since there are no police reports. And yet, that would contradict his handlers and their political propaganda aimed squarely at a proposed Democratic conspiracy. Potentially, it could also undermine his confirmation by extending the process, which McConnell is desperate to bring to an end.
Virginity is not a counter argument; it’s often the reason for the appearance of hypersexual machismo.
Up until now, much of the Republican defense of the judge is to dismiss his youthful indiscretions. One woman interviewed for a PBS story insisted this was an example of normal teenage boy activities. She and other women interviewed seemed not to know the details of the alleged incident, one referring to “just a touch”, while holding someone’s arm, as if she thought he brushed Dr Ford’s arm. Perhaps they are Fox Bubblettes. The normalization of groping a woman while silencing her screams is not a standard that most people would subscribe to, particularly in the wake of the #metoo movement. The groping per se should be condemned and prohibited because it was against her will, clear from her screams, and therefore against the law. But a level of aggressiveness that includes fear of death should be a felony. Let’s hope this idea is purely a product of hyper-partisanship where adherents will grasp any defense for the conservative mania to bury liberalism. It an example of Trump Neurologic Rearrangement Syndrome. In any case, it speaks volumes about the perceived worthlessness of women and their bodies in this society. This is a woman giving permission to men to violate other women, possibly her son and daughter. That makes a mockery of “you’ve come a long way baby”.
In any event, the “if he did it, it doesn’t say anything about his character” defense doesn’t actually apply to Kavanaugh. The judge’s defense is that he did not commit the act, period. This defense is an irrelevant talking point, a GOP script to be used by their rabid supporters. This defense actually posits his guilt in a desperate attempt to redeem his character. However good character, sexual assault at any age and subsequently lying about it are incompatible with good character. The irrationality of the argument would be evident if we lived in a rational world. Not this one where reason has been suspended in favor of tribalism.
Kavanaugh’s evidence for innocence is his calendar from 1983. Even without the FBI, he’s been able to do a little digging. Perhaps because he lacks law enforcement expertise, he hasn’t considered that a calendar is only what you plan to do, not what you did. Last minute invitations do pop up. How can he maintain its accuracy in the face of evidence of his social group’s persistent drunkenness and drug use? And how can he establish that it hasn’t been altered at any time since it was originally written?
Good character, sexual assault at any age and subsequently lying about it are incompatible with good character.
The obvious answer is that he doesn’t have to. It’s a Senate hearing, not a courtroom. A Senate that has no rules of evidence. A chamber where the judge has the most sympathetic audience in the world. One that has no interest in establishing the truth. One that just wants to get to a positive vote. The hearings have been set up to create the he-said-she-said scenario designed to break the assault survivor on national TV. No other witnesses; no objective evidence. Christine Ford has been set up to be a sacrificial lamb. Perhaps the compensation she will receive for her subsequently best selling book will dull some of the pain. Unfortunately, money doesn’t do that.
As an aside, the judge’s supporters often raise the question of his right to due process. Due process doesn’t apply here. There is no right to a promotion to the Supreme Court; it is an honor we have come to confer on the best jurist, although the Constitution states no qualifications at all. At the very least, one would hope that at this time in history it would not be granted to scoundrels as it has been in the past. Due process applies to legal proceedings, which this is not.
A clearer picture of the judge’s social activities during his formative high school and college years is emerging. Excessive use of alcoholic beverages, marijuana use, fraternity parties with a reputation for sexual misconduct were the norm. One could speculate that a virgin in the hard drinking bad boy mania of the 80s would be more likely to engage in demonstrations of hypersexuality, a counterweight to his sexual inactivity. One of his friends pushed back in a Trump-Fox TV News interview, saying that Kavanaugh had told him that he was sexually experienced during those years. Kavanaugh has been quoted saying “what happens at Georgetown Prep, stays at the Georgetown Prep.” Their collusion in secret keeping maybe why he has been able to call out the minions to support his character. They most likely still circulate in the same extended social circles. They are likely also poor judges of character because they have been able to advance their prospects in a cauldron steeped in their white skin tone, their money, their parent’s money, their network connections. This is the elite so often denigrated by Trumpophants. Morality and ethics are rare in such elite circles. Based on his Senate testimony, the judge’s ethics and morals are questionable at best.
As a jurist, why isn’t Judge Kavanaugh calling for an FBI investigation to clear his name.
Now that the Pandora’s box is open, the GOP is in an even bigger rush to get to the confirmation vote…before another claim dropped. There are rumors that McConnell set that original Monday date for Dr Ford’s hearing trying to complete it and vote before the Ramirez story could be published. That was why he rebelled against any further FBI background investigation. That and a fear that it might turn up some evidence implicating the judge. Likewise, the deadline extended to Friday night. The New Yorker was racing too. Instead of pausing at the possibility of another charge of sexual misconduct filtering out of Kavanaugh’s halcyon days of debauchery, McConnell vows to push straight ahead. Thursday’s hearing, then the vote, confirming once again the theatricality of the whole process. That train is accelerating to the final destination: placement of a misogynist who has lied more than once to the Senate committee under oath on the Supreme Court. Kavanaugh not only lied about his conduct in the Bush administration in the current round of hearings, he’s done it in previous ones for his federal judgeship. He’s misrepresented his judicial writings and opinions on hot button issues. In This Corner-Brett, the Manhandler; His Opponent-Dr Chris;The Details Still Don’t Matter In many ways, it’s unfortunate that the issue of his dishonesty has been supplanted by his sexual misconduct.
While conservatives have tried to create a space in which they appear to listen to women and give equal credence to their allegations of sexual misconduct, they are in a difficult position. Fortunately, tribalism has stripped logic from the picture. How can party leaders and the cheering section give credence to these assertions without casting doubt on ignoring 19 allegations against their fearless leader? Those allegations have an associated trail of bribery, cover-up and now a book by Stormy Daniels that establish their veracity. Ultimately they have listened enough to concoct a strategy of denials.
Republicans are worried too about this contest bleeding into the midterm elections. Early voting is already underway in 5 states including Minnesota, South Dakota, New Jersey and Vermont. They don’t want to be talking about sexual harassment issues and the absurd tactics used in the confirmation process. Worse, their supporters are left hanging over the success of the effort to pack the court. That could spur a reaction to the ineffectiveness of a government controlled from top to bottom by Republicans.
With the second allegation, the GOP narrative, always concocted to roll out from every spokesperson, has turned to a conspiracy theory that the Democrats have invented these charges and used their timing to delay what seemed an inevitable confirmation of the judge. The GOP has sworn it will not be denied. They have also tried to generate sympathy for Kavanaugh, a father, basketball coach, professional mentor and all around nice guy victim as a victim of character assassination.
The GOP can’t cut him loose and withdraw the nomination. Kavanaugh holds the precise mixture of unprincipled behavior and politicized legal opinion that, even more importantly than limiting or overruling Roe v Wade, would expand presidential power into a sealed bubble-wrapped chamber around 45 against any unwanted investigation and potential prosecution, lawsuits or impeachment. The judge would protect a president from prosecution for any criminal act. Kavanaugh posits one recourse, the political not legal one of impeachment. Not a lot of the other candidates on the Federalist Society list hold that view, or at least have it on record. Kavanaugh is emphatic that he is in the fight to the end. He’s counting on Republican lawmakers to “bring it on home to me.”