Update 9/20/2018 2:48 pm ET: The Washington Post has sent out a news alert: "Brett Kavanaugh accuser Christine Blasey Ford seeks to negotiate conditions under which she would testify next week. In an email to the Senate Judiciary Committee, a lawyer for Ford said a hearing on Monday is "not possible", but Ford "wishes to testify, provided that we can agree on terms that are fair and which ensure her safety." I expect that Senate Republicans will have little or no patience with this request, seeing a call for negotiations as a gambit (another one, in their view) to further delay the process.
I can't tell whether Ford is telling the truth or not. Haven't seen enough to confirm to my own satisfaction that her coming forward now is not a dirty trick. And the stakes are sufficiently high that the possibility of dirty tricks can't be ruled out. At the same time - it feels like her story could be true. What would go a long way to making it feel true is if the publicity about her accusation causes three or five or 15 other women to step forward and report that Kavanaugh assaulted them, too. But they should be brought forward before the Senate vote, not after. And Ford must testify on Monday. If she doesn't, I think her credibility will be suspect enough that Republicans will feel empowered to proceed with a vote. Republicans aren't going to let this thing slip past a December confirmation vote - whether it's Kavanaugh or someone else who they're voting to confirm.
I can't tell whether Ford is telling the truth or not. Haven't seen enough to confirm to my own satisfaction that her coming forward now is not a dirty trick. And the stakes are sufficiently high that the possibility of dirty tricks can't be ruled out. At the same time - it feels like her story could be true. What would go a long way to making it feel true is if the publicity about her accusation causes three or five or 15 other women to step forward and report that Kavanaugh assaulted them, too. But they should be brought forward before the Senate vote, not after. And Ford must testify on Monday. If she doesn't, I think her credibility will be suspect enough that Republicans will feel empowered to proceed with a vote. Republicans aren't going to let this thing slip past a December confirmation vote - whether it's Kavanaugh or someone else who they're voting to confirm.
Take a look at this Guardian story:
ReplyDelete"A top professor at Yale Law School who strongly endorsed supreme court nominee Brett Kavanaugh as a “mentor to women” privately told a group of law students last year that it was “not an accident” that Kavanaugh’s female law clerks all “looked like models” and would provide advice to students about their physical appearance if they wanted to work for him, the Guardian has learned."
Doesn't say anything about the Ford story. It does raise questions about the meritocracy, law schools (especially elite ones), and lingers over the corrupting influences of our law-school/judiciary feeder system.
That "top professors" daughter was among the chosen ones for a clerkship with Kavanaugh.
Agree that Ford must show up or win the demand for an FBI investigation. Doesn't look like its going to happen.
https://www.theguardian.com/us-news/2018/sep/20/brett-kavanaugh-supreme-court-yale-amy-chua
Yep, interesting on several counts. The "top professor" is the famous Tiger Mom.
DeleteSo assuming it's true that Kavanaugh only hires hotties - that's interesting. Not dispositive, but doesn't paint an attractive picture of him. I've known managers like that in Corporate Land over the years. If I may say so: it pisses me off, especially if it means that the less-attractive but more-able are missing an opportunity to develop their skills and careers.
Margaret, re: "...meritocracy, law schools (especially elite ones), and ...the corrupting influences of our law-school/judiciary feeder system", did you see this recent article in Atlantic Magazine?
DeleteDidn't know about the "no-crying motion"!!! It also sounds like a no-shouting motion! no displays of passion motion, etc. Would be fun for someone on you tube (or some such) showing clips of male lawyers committing all of these sins.
DeleteWell, of course it's a political "dirty trick." Duh.
ReplyDeleteBut that doesn't mean that Blasey-Ford isn't right about Kavenaugh, and that the Senate ought to slow down. (See E.J. Dionne: https://www.washingtonpost.com/opinions/the-most-infuriating-aspect-of-the-kavanaugh-conversation/2018/09/19/2ecb869e-bc3f-11e8-b7d2-0773aa1e33da_story.html)
Wasn't John Tower's court nomination dismissed because he was a drunken womanizer? Yes, it was.
Jean, as a regular reader of Grassley, what do you make of his performance here as chair of the committee, and probably chief decision maker?
DeleteAs I recall Tower, I kept hearing on the radio on the way to work in he morning that Sen. Sam Nunn had the committee prepared to vote, and then hearing on the same radio on the way home that the FBI said, "Whoops, just one more thing" until Tower gave up.
DeleteSenator Chuck is marching the party line on this one. Over on Twitter, he's making noise about how the committee is investigating Ford's allegations (whatever that means), and posting aggrieved notices about how Senator Feinstein sprang all this on him unfairly. (Meantime, he met with the Rikers from Sergeant Bluff and commented on the impending corn harvest.)
DeleteGrassley wants to get this guy on the court, but he also knows that if he just dismisses Ford out of hand, he's going to look like he (and his party) are not sensitive to women.
So, like all the other Repubs, he's taking the tack that Ford should "be heard," and yesterday Grassley went on the radio quacking about how he was bending over backwards to "make Dr. Ford comfortable in appearing before us" by offering a number of settings.
This idea that Ford wants to "be heard" is weird. I guess the GOP men believe that once she gets up there and has a chance to cry and vent and play Drama Queen, she'll feel better, they can (respectfully, of course) thank her for coming forward as a concerned citizen, and then call a vote and confirm Kavanaugh.
The problem is that Ford does not want to "be heard." She went to some lengths not to be outed. Her letter essentially said, "This guy has at least one skeleton in his closet--me--and maybe you should get the FBI on him one more time. Here's where to look. But you didn't hear it from me."
Orin Hatch he didn't expect anything Ford said would affect the outcome of the vote. So clearly, the Repubs are in no way concerned about their Golden Boy having woman or drinking problem.
"The problem is that Ford does not want to "be heard." She went to some lengths not to be outed. Her letter essentially said, "This guy has at least one skeleton in his closet--me--and maybe you should get the FBI on him one more time. Here's where to look. But you didn't hear it from me.""
DeleteI hadn't known that before. It seems that Ford was hoping to be an anonymous whistleblower. So would I if I were in her shoes - who wants all this publicity and aggravation? It seems pretty clear that someone on Senator Feinstein's staff leaked her allegations to the media, and that is how her identity and her allegations came to light. Why Feinstein sat on her letter for so long isn't completely clear; one speculation is that Feinstein judged that this wouldn't be the showstopper that Democrats have been hoping for and so she didn't pursue it with vigor.
Here's a letter from Grassley to Feinstein and the other Democrats on the Judiciary Committee. It's a fine specimen of its genre - practically Catholic-hierarchy-worthy in its cloaking its deadly thrusts in elaborate courtesy.
https://www.scribd.com/document/389062994/2018-09-19-Grassley-to-Committee-Minority-Ford-Testimony#from_embed
The machinations behind the scenes would be interesting to know. Rep. Eshoo on PBS last night indicated the first info from Ford came in the form of a meeting, and then Feinstein was alerted. It seems possible to me that the Republicans we're allowed enough time to gush over Kavanaugh's record as a seasoned jurist who offered opportunities to women and minorities, upstanding family man, etc. And once the love-in was at it's peak to blindside Republicans with a competing portrait of a drunken elite spoiled white boy who would rape an underage teenager while his buddy stood around laughing.
DeleteWhat I get from Grassley's letter is that a) he was blindsided and b) he doesn't want to ask the White House to direct the FBI to get more intel, forcing Ford to testify without any corroborating witnesses.
Jean - I think that's probably about right.
DeleteThe FBI is a red herring. The Senate committee has the ability to investigate. So do attorneys hired by whistleblowers, and attorneys who work for political parties. So do journalists. So does the State of Maryland. Journalists apparently are doing the investigating now, and so are some really amateurish amateurs:
https://www.yahoo.com/news/defense-kavanaugh-turns-theory-evil-lookalike-collapsing-ridicule-154852188.html
Seems to me that the upshot of this Keystone Kops mini-farce is that Ford comes across as more credible in her recollection.
Anybody could investigate in theory. But no one can investigate under the McConnell/Grassley deadline. And again I repeat: McConnell was content to leave a seat vacant for more than a year if the alternative was Kavanaugh's superior on the appellate court. The deadline has nothing to do with anything beyond simple politics -- and, I suspect, it doesn't even rise to that level. It's just Addison playing Mitch.
DeleteTom - I suspect that Grassley is paddling Feinstein for sitting on Ford's letter while the committee's vetting process was going on.
DeleteYeah, I have heard the boyos attack Feinstein. Whenever they do, they should be (but aren't) asked: If you got a letter saying nominee tried to rape the writer, but the writer does not want to make her charge public and does not want her name used, what would you do?
DeleteI guess Grassley and the boyos would simply out her and shame her. I can only guess that from what they say, since no one bothers to ask.
Considering the Great Agenda that Kavanaugh will be advancing,I would proffer that "rapist" would look good on his resumé.
ReplyDeleteJennifer Rubin (isn't she one of yours, Jim?) of the WashPost points out that Ford has other options, which she outlines with some fill-in in her column:
ReplyDelete"Republicans Be Forewarned..."
https://www.washingtonpost.com/news/opinions/wp/2018/09/20/republicans-be-forewarned-kavanaughs-accuser-has-options/?utm_term=.a4be0fc2be54
From Jennifer Rubin's article: "Republicans need to consider whether it is worth unleashing a firestorm to defend a nominee who might be a further drag on their midterm races."
DeleteAre they going to go to the mat for Kavanaugh? At what point might they consider he isn't worth the trouble?
I have to say, I don't think that's one of Rubin's better efforts. I guess she's sort of one of mine, but I don't have her capacity for rage. She's been on a rolling boil since 2016, from what I've seen.
DeleteRubinis on to something: The Repubs confirm Kavanaugh and Ford and/or her supporters go on a full-press effort to undermine Kavanaugh. For example, asking the Maryland States Attorney to investigate her charges--Maryland have no statute of limitations on "attempted rape," which she has not charged as far as I know.
DeleteI am a bit in the "It was high school, for heaven's sake" school. Nonetheless, I don't think the Repubs are handling this in a very astute manner..And i can't tell whether Ford is genuinely frightened at the possibilities and dangers, or she is a crafty politico herself, or with a crafty legal team. Keep this going through the mid-terms.
Margaret - I just think that once Kavanaugh is confirmed, it will be nigh impossible to dislodge him. If the political game is to keep the seat open until January somehow, I think it's more astute to submarine his nomination before the confirmation vote. I think it puts way more pressure on Republican senators to have to vote for a damaged candidate - especially one who mistreated a woman - than having to vote for a candidate who many Republican voters see as the victim of a "he said/she said" scam.
DeleteIf Kavanaugh's nomination can be ended before the vote, then Republicans look like fools for managing to do the one thing they absolutely, positively shouldn't have done, i.e. nominate someone without an impeccable background. And given the stumbling, bumbling reality of the Trump White House, I'd say there is a 50/50 chance that they haven't fully vetted a plan B candidate yet.
If Ford's primary concern is not politics per se but to prevent a bad guy she once had the misfortune of running across from landing on the court: then, again, the time to make that case is now, before he's confirmed and sworn in.
All in all, it just seems better for Democrats to have a Supreme Court with an open seat than a Supreme Court whose ninth member is a damaged Republican bent on vengeance.
He may be impossible to dislodge once confirmed and sworn in. But if Ford or her allies continue the drum beat through the mid-terms and a Democratic Senate (up in the air) is elected along with a Democratic House (very likely) because women voters have come out in droves, Grassley, McConnell, etc., will have an exploding president, an energized bunch of Democrats tending Left, and a good chance that their legislative victories will be gone.
DeleteAnne C: Is this drama being played out in your DC neighborhood?
ReplyDeleteI may respond later. I prepared a long response and lost it. I wasn't signed in.
DeleteI find her story credible although of course I don't know if it happened to her. However, the story is completely in accord with what I know personally about the schools and the teen culture of these schools in the 80s and now.
Two stories from the WaPo about the prep school teen culture around DC(true also of public schools in the affluent neighborhoods). Certainly not all kids get swept up in this culture, but too many do. There are a couple of little details about Kavanaugh that seem to support the idea that he was part of the heavy drinking and partying culture in high school.
In his high school yearbook, there are references that imply he was part of the school's drinking culture -
"The yearbook has pages dedicated to each graduating high school senior. Kavanaugh’s page includes references to the "Keg City Club" and "100 kegs or bust."
He also made a comment as an adult speaking to law students that raises concerns:
“What happens at Georgetown Prep stays at Georgetown Prep,” Kavanaugh said of his all-boys high school in a speech to the Columbus School of Law in 2015 that aired on MSNBC Tuesday. “That's been a good thing for all of us, I think.”
The URLs for two WaPo stories are below
https://www.washingtonpost.com/local/these-are-the-stories-of-our-lives-prep-school-alumni-hear-echoes-in-assault-claim/2018/09/19/b6343f74-bc2e-11e8-b7d2-0773aa1e33da_story.html?utm_term=.9ad3367c8109
https://www.washingtonpost.com/outlook/in-the-80-boys-prep-schools-like-kavanaughs-could-be-bastions-of-misogyny/2018/09/20/53764bd8-bc75-11e8-be70-52bd11fe18af_story.html?utm_term=.2c7c806c96f8
Thanks. I'll check out the WASHPOST stories
DeleteThere was a culture of harassment that's for sure; not explicitly sexual...but casual harassment of women teachers! The nuns would have never put up with teasing, practical jokes, etc.
DeleteThe question in the Kavanaugh case if these stories are correct is: can he prove he didn't harass women, girls and teachers?
Should have headlined: check out the stories Anne posted.
DeleteI don't always agree with Ben Sasse, one of our senators from Nebraska. But regarding why the stakes are so high and SCOTUS confirmations have become so fraught, I thought he made some good points during confirmation hearings in which he said that Congress has decided to "self-neuter".
ReplyDelete"Sasse's comment came while giving his view on how the Supreme Court, in lieu of Congress, has become our "substitute political battle ground." He criticized people who have politicized the judicial branch—and Congress for enabling the shift—because they expect judges to implement policies the legislative body has been unable or unwilling to pass."
Yeah, he's exactly right about that. Conservative lawmakers want the court to overturn Roe and gay marriage so they don't have to touch it.
DeleteJim, from your musings, it's obvious "he said, she said" doesn't work for you any better than it does for me. I watched the Thomas-Hill hearings, a/k/a middle aged white men behaving like fools, and ended unsatisfied that Hill had proven her case or that "not proven" was a good enough standard for a lifetime appointment. Upon further evidence -- after it was too late -- it's pretty apparent she told the truth, and he was ducking. But he has a lifetime job. That experience colors what I think about this.
ReplyDeleteBut I also have to say that if it was just once, under the influence while under age, sheesh, that can't determine a career. If Ford can prove her case, Kavanaugh's sin, in my book, would be being a pompous liar and a cad, not the crime -- and there are people in prison right now for doing it -- itself. I agree it would be nice if Woman #2 and Woman #3 came out. But lacking what we both want, the FBI could, in theory and in some previous practice, interview all the kids in the high school yearbook.
Of course that can't be done on Grassley's (McConnell"s) iron schedule, which is based on Democratic appointees can wait more than a year but Republican appointees must be confirmed in time to appear in Republican ads for the next election. There is no Constitutional basis for that, but, hey, with McConnell in charge who needs a Constitution?
Quick guess: Kavanaugh will be a justice by this time next week.
I think mid-terms aren't the only thing on their mind. They are counting on Kavanaugh to do what he can to help de-rail the Mueller investigation.
DeleteAnd they're counting on him to be the putative 5th vote to overturn Roe v Wade. That's what this is really about, I guess.
DeleteI am not so certain that Grassley and Hatch give a rat's ear about derailing Mueller. Migosh, they got everything Trump can give them already, and his disappearance into a cell with Jared wouldn't bother his R friends a bit now. Judas priest! We have the biggest deficit ever intended!
DeleteAnd as for Roe, I doubt there will be a Brown v Board over Plessy v Ferguson for abortion in our lifetimes. We will just wake up one morning and discover the only places you can get a constitutional abortion in this country are San Francisco, California, and Effingham, Illinois. Just like we woke up one day and discovered that the schools are racially segregated. No problem, said Chief Justice Roberts, citing Brown.
In case anyone has more energy for this, here is a piece from VOX on Kavanaugh and what is described as an opportunistic career. Not that that's a bar to high office!
ReplyDeletehttps://www.vox.com/policy-and-politics/2018/9/21/17876832/kavanaugh-trump-crisis-elite-accountability
Once upon a time, the non-partisan* American Bar Association vetted potential Supreme Court nominees for the president. Someone -- not a majority of America by any means -- decided the ABA was "left-wing," and the country needed an honest we-report-you-decide broker from "the right." That was the Federalist Society. You join if you are a law student with the aim of landing a lifetime appointment from a Republican president. Show me a Federalist Society lawyer, and you have shown me an opportunist.
Delete* Because the most conservative lawyers tend to make too much money to waste their time on improving the Law, the courts and the conditions of justice in his country, the ABA always had what could be called a liberal bias. One solution would have been for conservatives to pull their weight for the common good. The other solution -- the one they chose -- is to create a nursery for little strict constructionists with a strong pro-business bias.
This is another discussion: Liberals went to the Courts instead of state legislatures and Congress for their improvements on our way of life. They succeeded and we are reaping the wind (or windiness depending on your pov).
Delete