Inevitably, people unaffected by Trump Neurologic Rearrangement Syndrome must realize that Kavanagh has strained credibility. His statements have changed, as more evidence has surfaced. In the original Senate hearings, he answered absolutely no to a question about sexual misconduct in his past. In subsequent statements, his description of his angelic behavior in high school and college has broadened. His only interests were in being first in his class, captain of a couple of sports team and church. He should have realized those pronouncements rang false, for typical high school boys, especially athletes.
But the press has been full of stories from witnesses who attended those schools that substantiate the environment and confirm much of Dr Christine Ford’s allegations.
As more evidence of the general social environment at both Georgetown Prep and Yale, he has backtracked to position himself more plausibly, but not too extreme to be seen as a bad actor and sexual predator.
In the meantime, for the first time in history, a Supreme Court nominee has taken to the airwaves to lay out his defense and generate sympathy. This is no doubt the brainchild of Martin Shine, ex-Fox news executive now White House communications director, who enabled the multiple sexual harassers at that network. The judge has been comfortably ensconced on Trump-Fox TV, admitting he was a virgin, disputing the stories beginning to circulate about the school’s party atmosphere. But in doing so, he’s continued to undermine earlier statements, demonstrating his central character flaw, dishonesty.
The GOP septua- and octogenarians of the Senate are from an era when women were even more denigrated and ignored in society than now. Their remarks show that their attitudes haven’t changed, they just don’t want the public to know. They have been carefully briefed on the right words to say and not to say in order not to offend women in the electorate. They want to give the impression that they acknowledge a woman’s right to be heard in charges of sexual misconduct and believe they should be heard. The problem is, they’re not listening. They already have their minds made up: the charges are usually false, they have some ulterior motive, it’s too long ago; why didn’t they report it then. A man’s career should not be derailed by gossip. Agent Orange gave his perspective: because he’s had so many false accusations from gold diggers, he knows exactly what‘s happening to his golden boy. That and the Democrats are still trying to undermine him. Because everything is always about him after all. Kavanaugh is just roadkill.
They know perfectly well why it wasn’t reported in the 1980s. It would have gotten even less acknowledgement then with more slander hurled at the accuser. Most Republicans have been clear. It doesn’t matter if an FBI investigation had taken place. It doesn’t matter what Dr Ford’s testimony is. It doesn’t matter how many other people come forward. Lindsay Graham and other Trump defenders can’t think of anything that would change their mind. Not that they don’t see through the judge. They understand this circle of elites, they and their children are part of it. They just don’t believe it should be disqualifying because, these people are above the rules. They are supposed to rule the world.
The drama is almost over. Senate Judiciary Republicans voted to recommend their Supreme Court nominee Brett Kavanaugh for confirmation. They are so close to a final victory after 30 years. One tiny hiccup, a slight delay before the final vote.
“Brett Kavanaugh showed America exactly why I nominated him” Agent Orange tweeted. That he did. He is a partisan political hack complete with conspiracy theories involving the Left and both the Clintons. During his portion of the Senate hearings, he threw off his impartial jurist mask to reveal an aggressively angry, arrogant, entitled elitist who fits in comfortably with a misogynist, corrupt, dishonest administration. They spout the rhetoric of the rule of law, but only for those who are not them.
Kavanaugh threw off his impartial jurist mask to reveal an aggressively angry, arrogant, entitled elitist who fits in comfortably with a misogynist, corrupt, dishonest administration.
By the end of the Senate hearing, the tale of the two witnesses was clear. One was honest and forthright. The other gave an honestly effective performance. One was open and helpful. The other stonewalled and avoided answers. One was polite; the other was disrespectful and disdainful attacked Democratic committee members, literally throwing their questions back at them. You can imagine him being an angry drunk, entitled adolescent grabbing pussy whenever he could. One, Christine Ford, told the truth; the other, Brett Kavanaugh told a series of apparent lie. His lies were complicated and multilayered, carefully aligned with other falsehoods he has told in other hearings and other forums.
In his opening statement, Brett looked angry, almost rabid. His face was distastefully contorted; his cheeks glowed red hot. He looked like a bull snorting breath from his nostrils before charging. And charge he did. He called the hearings “a national disgrace.” “You have replaced advice and consent with search and destroy.” He reeled off a series of quotes from Democrats that characterized him as a monster, a disgrace, evil. Then, the supposedly impartial, apolitical judge launched into a tirade against a Democratic conspiracy, originating with Clintons, that spawned a reign of violence and terror on him. In fact, he accused them of encouraging or creating subsequent allegations. He called it a process that will have a damaging effect on the country for “decades to come”, much like he intends to do from the bench.
Then suddenly, he flipped masks, from raging bull to weeping willow, a wronged son and father. He tried to shame the Republicans into confirming him, in the tradition of Justice Clarence Thomas’s “high tech lynching” remarks. He hoisted a verbal banner screaming I AM THE VICTIM HERE!
He proved a consummate thespian as he became tearful several times. These moments came as he talked about his daughter praying for Dr Ford, the mention of his father and his friends during his exposition on his diary. His speech was impeded for several seconds, during which he was unable to continue and furiously gulped water in order to go on.
The judge literally screamed his full throated denials: he had never sexually assaulted anyone at any time. He was never there. Then he launched into his record of service to Republican administrations and his judgeship, saying “I have been a good judge.” His was a lifetime of public service without a single accusation of sexual assault. He had promoted women in law professionally, to improve the number of women law clerks. In fact he’s prepared to hire 4 female law clerks when he takes his seat, for the first time in the history of the court. He tried to balance his great accomplishments against the sexual assault of a 15 year old. After all, she got over it. He asked us to believe that she is inconsequential compared to what he has and will do for the country.
He spoke of his suffering under the destruction of his reputation. He would never again be able to coach his daughters’ sports teams. He would never be able to teach law; he loved teaching law and mentoring new professionals. He is probably disappointed that it would cut into his ability to recruit and persuade women in conservative political philosophy beginning at an early age. That is grossly exaggerated. He still has a lifetime appointment on the appellate court from which he can do all those things. Americans have notoriously short memories, particular for what they consider lesser transgressions, like sexual assaults that haven’t been proven.
And then he launched into his detailed defense. How does he know that he was never there if he doesn’t know where or when? On the face of it, it seems doubtful in the wake of his own admission that he might have drunk too heavily at a few parties, although that was rare. His answer, a detailed examination of his calendar/diary entries from the summer of 1981, 1982, 1983. He contended that the entries which detailed his entire social life, had not been altered since the time they were written.
“I never sexually assaulted anyone” he practically shouted into the mic, because he has a close friend who was assaulted, and he understands the pain. Still, he asserted that while the assailant had to be supported, due process demands that the other side be listened to. These charges, hidden and sprung on him at the last hour, had been refuted by the sworn testimony of the other 4 witnesses; in fact Ford’s friend said she didn’t know the judge and was never at a gathering with him. He said he had not moved in the same social circles as either of them. Dr Ford had said that her friend did not know about the incident because she was downstairs. He said he had never attended any kind of gathering like that described by Dr Ford.
This was unthinkable, he said, because his mother was subjected to sexual harassment when she went to law school in her rise to a judgeship. She was a saint in his eyes. He could never betray womanhood like that. Instead, he’s sought to advance women in law throughout his career.
He proceeded to lay out his evidence. He went methodically covered his calendar, day by day for the 3 summers. He was very precise about who was at the events in his calendar sometimes tearful at the mention of different names. Dr Ford’s allegations are inconsistent with his character and his record. He’s trotted out hundreds of those friends with whom he’s still in contact from highschool of whom many are females. Yes, he drank beer with his friends and sometimes he drank too much but never blacked out, only fell asleep.
In pushing back, he asserted that if all men who drink beer can be accused of sexual assault, the world has turned into an ugly place. That sounds like the ugly place where all women who drink beer find themselves; the one where they are subject to sexual assault. But for a woman, that place is real; for men it is imaginary but appeals to every man in the country. Even as statistics show that false claims are as low as 1%, but may be as high 5-10%. In other words, over 90% of reported sexual assaults actually occurred. And that is why an estimated 1 in 3 women in the country are survivors of sexual violence. And that number is based on the low number that are actually reported.
He sought to diffuse all the attention on his yearbook. He testified that it was not what it seemed. The editors aspired to recreate “Fast Times at Ridgemont High” or “Animal House.” As he’s looked at it now, it makes him cringe, much like a silly Facebook post that comes back to haunt a new job applicant. In reality, it’s more a dick pic, a window into disturbing behavior. He tried to transform the media interpretation of “Renate alumius”, from a reference to a girl boys had sexual encounters with into a phrase that meant she was ‘one of the guys” not a sexual conquest. He turned on the waterworks again when he offered an apology to this dear friend and his desire to repair their friendship. She, on the other hand, one of the signatory to his gang of girls letter has taken her name off the list. Oops, it seems like he might be getting called on his bullshit.
Other terms the media had focused on were “boofed” which according to Kavanaugh referred to flatulence while Twitter streams were all over the term as a reference to some mix of anal sex and drugs or anal injection of alcohol. A yearbook citation of flatulence is really stretching the imagination for seniors in high school. Michael Avenatti has tweeted that the “FFFFFourth July” meant Find them, French them, Feel them, Finger them, F*ck them; the judge said it referred to a classmate’s stutter before saying f*ck. Beach Week Ralph was explained as vomiting during the traditional annual vacation week, but he refused to say it was related to excessive drinking rather a weak stomach that any acquaintance could testify to. “Devil’s Triangle” is well known to refer to a sexual threesome, not a drinking game. He seemed pretty comfortable that he could sneak those definitions by aging committee members and his Democratic questioners didn’t even mention social meanings. Perhaps the FBI could contact the editors to clarify their general understanding at the time. In the judge’s hands they sound so undeniably naive that it stretches belief. And he has already displayed his duplicity. It can only be the FBI with the serious penalty for false testimony; anyone else is unlikely to overcome the influence that a friendly association with Cavanaugh’s clout brings.
He was reticent to admit the extent of his drinking. “I like beer; I still like beer” he said. He denied ever blacking out or drinking too much to remember what happened the next day. Later at one point he challenged Democratic questioners about whether they liked beer or had a problem with blackouts. He admits to trying to hide his sexual inexperience to “some groups” but he was proud of it because it was based in his faith and respect for women. That remark was an attempt to counterbalance TV interviews where friends have said he told stories about sexual conquests. Steve Kantrowitz tweeted that he had a freshman year conversation where the future judge claimed he was not a virgin. Is that an innocent boasting from an adolescent or part of a lifelong habit of misrepresentation that has no doubt been reinforced by his ability to get away with it. Again lying or not?
Kavanaugh has emphasized that these behaviors were to confined to adolescence but according to others, these antics were not limited to high school. To be sure, there is considerable evidence in the press from classmates at the elite private schools in the area that refute the judge’s characterization of his dedication to his studies, church, his service projects and captaining the basketball. One roommate charged that he was often a mean drunk, which the judge dismissed as allegations from an unhappy roommate. That seems a little spurious from a man who contends often that what happened in high school is long forgotten. Why would the man still harbor the kind of grudge that would lead him to bad mouth a soon-to-be-Supreme Court Justice. Others say he was not only a heavy drinker, but a mean aggressive drunk. Julie Swetnick alleges that she saw Kavanaugh be physically abusive and that he and Mark Judge would get girls drunk and take them to a room to be gang raped. She said that this had happened to her although not with Kavanaugh.
At Yale, the judge was a member of several organizations known for drinking and misogyny. Truth and Courage, a secret society of athletes that was mostly “organized around having sex with coeds” said one student in a Newsweek article. DKE is another. It is known nationally as a hard drinking fraternity whose house was a den of sexual assault. By the 2000s, the fraternity was banned from the campus for 5 years. It was at Yale that Deborah Ramirez has alleged that during a drinking game, the future judge exposed his penis and forced her to touch it.
Current Yale students have reacted to the injection of their institution into the narrative with demonstrations favoring a delay in the decision making process as well as protesting the reaction to Dr Ford. The similarities with Anita Hill, a Yale alumni as well, demonstrate how little has changed. The contrast between treatment of elite white golden boys and African Americans and women is striking; all out support for the first, denigration for the latter. Clarence Thomas, is the token exception. Democrats were desperate to seem fair after his lynching remarks and they wanted a dark face on the court. In a word, nonpartisan but sexist.
Feinstein’s first question to the judge asked if he wanted the FBI to investigate. He answered that he had desperately wanted a hearing right away and that the delay in deference to his accuser had allowed for a barrage of terrible charges that spread across the media assassinating his character. He continued to use the excuse that FBI doesn’t come up with a conclusion. He implied the FBI wasn’t needed; he had presented all the evidence required; his diaries tell everyone where he was and who he was with and her name wasn’t there. There are sworn statements from Ford’s witnesses that refute her story. By repeating his own assertions he was eating into Feinstein’s 5 minutes. He refused to answer in any way other than to say he would do whatever the committee wanted, but the delay was hurting his reputation. Unfortunately, she did not hone in on the point that the FBI could uncover more information about timing and location, could gather up some testimony from all the people who had been interviewed by the press. That Senate chamber seemed completely divorced from the media that is informing the general public.
He bobbed and weaved again in response to questions posed by Senator Leahy, filibustering into an exposition about his high school accomplishments but never answering if he wanted Mark Judge to testify or address his yearbook page. He was combative when Leahy tried to push him to directly respond and not pontificate again. The judge comfortably mounted that partisan political high horse and tried to undermine Leahy by charging that he was making light of Mark Judge who was stricken with severe substance abuse problems that almost ended in his demise. Grassley freely intervened with Democratic members, supporting the judge’s endless repetition of the same phrases, by scolding them for not being as courteous to him as they had been to Dr Ford.
Kavanaugh bobbed and weaved through questions as well as Muhammad Ali ever did. When it became too obvious, Lindsey Graham led a full throated rebel rousing attack on Democrats.
And then, all hell broke loose. While his colleagues had deferred to the prosecutor’s questioning, Lindsey Graham broke ranks and seized his time for himself as the prosecutor’s questions were honing in on details of Kavanaugh’s drinking problems. He was still bobbing and weaving as well as Muhammad Ali ever did, but it was becoming more and more obvious. The judge was looking petulant and obstructionist. Graham gave an impassioned political speech to support him, attacking Democrats for orchestrating a conspiracy, echoing some of the themes from Kavanaugh’s opening statement. He cited Chuck Schumer’s remarks that Democrats would do whatever it took to oppose this nomination. Jabbing his finger in their direction, he practically spat out a curse on Democrats for all time. Graham put GOP fence sitters on notice from the administration that if they vote no, they will be suborning Democratic conspiracies which sounded like an RNC threat to organize opposition against them.
Graham had launched a rallying cry and from there, the rest of the pumped up committee Republicans took up the cudgel one by one to pontificate on classic GOP anti-Democratic Party messages combined with commiserating with the judge in his suffering. They attacked Democrats’ role in the committee process. Republicans insisted that this is not a job interview, but a trial, where their golden boy has been forced to defend himself when the burden of proof should be on his accuser, not him. They say he’s been accused of real crimes that will reverberate throughout his whole life, while the Democrats are the real criminals in this.
For their part, each Democrat in turn appeared to have no strategy other than a request for an FBI investigation. They appeared foolishly ineffectual because each time they said the word investigation it provided a platform for Republican speechifying about the adequacy of the investigation, remind that the FBI did not reach conclusions, etc and to charge the Dems with delay. If the country is hoping any of these people will lead us out of the wilderness, we may be lost.
The afternoon fireworks were in sharp contrast to the quiet, respectful mood of the morning events. Republicans had set out to tell the public that they are respectful of and listen to survivors of sexual assaults. They wanted to prove that they are better than the henchmen who took out Anita Hill. So the 70 and 80 year old white male Republican committee members took a backseat to a kinder, gentler female prosecutor, Rachel MItchell.
Grassley opened the hearing praising Kavanaugh after which he presented a timeline of events, trying to show how thoroughgoing the process had been; while simultaneously lambasting the Democrats for subverting the process and in his words, their blatant attempt to delay the judge’s assumption of his ordained SCOTUS seat. Grassley insisted that investigations had been conducted in the customary manner. He scolded Democrats for not participating fully in the committee process. He criticized Feinberg for her handling of the complaint. His was the first opportunity to insist that an FBI investigation would not have made any conclusions, only provide evidence from which the committee could draw conclusions. In a direct strike at Dems, he quoted Joe Biden’s comment that FBI investigations would not make a difference and never had. He reported that persons named by Dr Ford as party participants had denied her claims in sworn statements.
Feinberg matched Grassley’s partisan opening statement and raised him one. The two were like ships glancing against each other’s hulls while passing in the night. They shared some basic structural elements but their detailing was like night and day. Feinberg’s version described her actions in the process and interactions with Dr Ford and went on to introduce Dr Ford, presenting her credentials and an overview of her allegations as well as a description of the aftermath of her voluntary and brave decision to come forward.
Democrats took their time to repeatedly denigrate the lack of FBI investigation and the refusal of the committee to call Mark Judge as a witness and also allow him to remain in seclusion, carefully tucked away from prying eyes like the press and law enforcement. Dr Ford received no such protection. They also provided background statistics on sexual assaults and their aftermath. Their minutes of questioning allowed her a space to relax from the relentless effort of the female prosecutor to poke holes in her story. For his part, Grassley responded each time the process was mentioned with a repeated timeline of GOP efforts, as if repeating it would make it seem thorough. This is a reflexive GOP device, repeated words will become true, much like wishing upon a star.
For her part, Dr Ford, she was cooperative and detail oriented. She was clearly nervous, but clear headed. She sounded like an academic professor, always trying to be helpful. At one point, when she asked if something was convenient for the committee, she commented that she was used to being collegial. There were moments when her voice shook with emotion as she talked about the vivid memory of the laughter between Judge and the future judge.
The prosecutor’s questions highlighted inconsistencies, no matter how slight, in details she had told to different people. She poked at the fact that she could not remember how she got home and even used a map to show how far away her home was from the swim club. She tried to insinuate that Ford’s excuse for not wanting to come to Washington, that she feared flying, was a lie because she has travelled extensively to several continents for both work and recreation.
Ms Mitchell, honed in on details for Dr Ford’s documents, asking for verification and corrections on text messages and handwritten statement, the Post article. She went on to pick apart details of the day of the assault, alcohol and use of medications, atmosphere of the party; Kavanaugh and Judge were extremely inebriated and the others weren’t, it was not a party but a small gathering which she assumed would lead to a party later. The prosecutor’s last question involved a description of the best technique to elicit an accurate description of a sexual assault, a forensic interview, done by an expert. After first raising a question of why this had not been suggested to the witness, she seemed to imply it might well change her account. That may work with a stranger assault, it’s a hard case to make in an acquaintance assault when Dr Ford had known and socialized with him. But it’s a sliver for the conservative propagandists to build on. Indeed, it seems that the only purpose of her questions was to graciously scoop up details to sprinkle over Trump-Fox TV and conservative media outlets conspiracy and pundit comments. Her other purpose was to shield the aged white male Senators from appearing to beat up on a woman who is competent, professional, forthright, and increasingly sympathetic, particularly about sexual matters. That had been completely disastrous with Anita Hill. No doubt a Trumpophant won’t catch any of it, most of them are being tutored by Trump/Fox News to interpret it “correctly” if they watched it at all.
It is impossible to determine the prosecutor’s strategy or purpose. The 5 minute questioning format quashed any rhythm for information gathering. Was it her intention to build to her summation? There was not a chance that the old white guys in charge would have allowed that. And once she was thrown overboard in the afternoon for old fashioned GOP explosive rhetoric, her sound bits were drowned in a storm of so many more fiery words. Thank goodness, she probably made a hefty chunk of change as some form of compensation.
After Ford’s testimony, Lindsey Graham previewed the declaration of war on the Democrats to reporters. He said he was convinced that this is a Democratic plot to delay the judge’s confirmation until after the midterms in the hopes of gaining a majority in the Senate to keep this seat. He sounded really keyed up, using his rage to camouflage his deflection of questions about further investigations. While he kept saying this could have been investigated when it was raised earlier, he neglected to say why it couldn’t have been investigated in the last 10 days. He insisted that they don’t know when or where so how can they investigate. One obvious answer is that the FBI could help answer that. Ms Ford herself testified that she would have a better idea if she knew when Mark Judge had worked at a neighborhood Safeway. Judge has submitted a sworn statement taken by Senate staff members saying he didn’t remember, but he’s also a person who has admitted to an extended period of alcohol abuse during which he had blackouts. He probably doesn’t remember. In addition, as a participant in the assault, he must fear exposure as a sexual predator. The GOP‘s refusal to allow him to be questioned either by the FBI or the full committee or to submit to a lie detector test is curiously obvious. There is a vast difference between prosecution for perjury to Senate, which almost never happens and to the FBI, which happens slightly more often.
Republicans were stunned by Dr Ford’scredibility. How could they save their golden boy and dismiss her when so many people would believe her?
Republicans were stunned by Dr Ford. She conducted herself beautifully, gathering credibility. How could they save their golden boy and dismiss her when so many people would believe her? Would this sink them in the midterms? The recess between the two hearings called for a strategy reset. No doubt, Kavanaugh revised his testimony and pumped up his anger. Angry white men make good crusaders; society not only allows men to show outrage, it anoints it heroic.
When Kavanaugh went a little overboard, Graham seized the opportunity to redirect and inject some partisan rebel rousing, allowing the judge to calm down, and relieve him of the pressure to carry the conservative torch alone. Other Republicans joined, perhaps as part of a plan B.
Republicans had the winning strategy. They snatched the hearings that favored Ford’s narrative from the jaws of defeat. The committee orchestrated the schedule so that it would showcase the judge last. His testimony would inevitably find its way into prime time when a much larger audience would be watching. Led by their golden boy, they reconfigured the strategy into political conquest, full of media soundbits to churn through the conservative mediosphere. It will sustain their confidence in their vote to pack the court.
Anyone not locked in the grip of Trump Neurologic Rearrangement Syndrome, saw something very different. They saw a party pretending to listen to a sexual assault survivor while at the same time supporting the man who assaulted her. She sounds credible they say, but so does he. You can’t have it both ways. Or you can, if you believe that integrity, respect for rule of law, honesty and truthfulness are less important for a Supreme Court justice than your party’s political agenda. Clearly they do. Kavanaugh has repeatedly misrepresented legal and political positions and during this hearing, misrepresented the meaning of terms he used in his yearbook. He has refused to answer many questions, including his drinking. And he consistently filibustered his answers, using questions as opportunity to repeat his own talking points and taking up valuable time during which more questions could have been asked. He showed his thorough immersion in the partisan politics of the day, without fear of using them to achieve his ambitions.
Kavanaugh gave a performance that was masterful enough for the GOP to run with it, right to a solid partisan vote on Friday. Jeff Flack may not be running for re-election, but he’s got to worry about any future electoral contests and perhaps, lucrative jobs in the conservative consulting/lobbying sphere. And thus he announced that he would cave, as he has done consistently on every vote, after he gives an abstract speech about ethics. He would vote for the golden boy.
Surprisingly, Democratic Senator Coons and Flake were able negotiate a bipartisan compromise to request a delay to accommodate a limited FBI investigation. In it, Flake could still vote with his party to recommend the confirmation, still his most important consideration but get Grassley to take the request for the FBI up the chain. So far, the agreement has held. 45 has ordered the FBI to proceed. And McConnell has announced a vote next week.
Here are some other lessons:
- Graham has been working his way from lukewarm Agent Orange defender with occasional criticism to a 45 sucker. Could an anticipated promotion to a soon to be open position in the administration, perhaps attorney general, be in the balance? He would be relieved of the 6 year election cycle, he could set his sights as well on lucrative policy and lobbying jobs before returning home for a governorship run where the BullyPresident’s party will reign.
- Republicans have clearly suckered Democrats into basing their objections to Kavanaugh on a complaint of sexual assault. The more general grounds to keep the judge from a promotion to the Supreme Court is his dishonesty. There are so many examples now that it can only be denied by those who are trying to hide it. The ABA, in 2012, rated the judge “qualified” rather than their highest rating because of information that he had shown conservative bias in rulings and that his opinions were stubbornly immutable. A very close vote by the board kept the ABA from not recommending him then. This happened as part of a three year delay in his approval for the federal bench. In the intervening years, the ABA changed its mind, but even now they are calling for a delay FBI investigation.
Lindsey Graham’s curse will come true: these hearings will have a detrimental effect on America for years, not because of Democratic Party conspiracies but because of a gang of sycophants who are firmly attached to the Pussygrabber in Chief’s ass. He brought destruction and dismantling of government and institutions. Advice and consent has become receive and genuflect. In that, they are betraying the very institutions that sustain democracy.