Why The Senate Should Not Have Confirmed Kavanaugh

The opening remarks of Judge Brett Kavanaugh, at his confirmation hearing on Thursday, September 26, contained the following paragraphs, in quotation marks.

“Less than two weeks ago, Dr. Ford publicly accused me of committing wrongdoing at an event more than 36 years ago when we were both in high school. I denied the allegation immediately, categorically and unequivocally. All four people allegedly at the event, including Dr. Ford’s longtime friend, Ms. Keyser, have said they recall no such event. Her longtime friend, Ms. Keyser, said under penalty of felony that she does not know me and does not believe she ever saw me at a party ever. Here’s the quote from Ms. Keyser’s attorney’s letter. “Simply put, Ms. Keyser does not know Mr. Kavanaugh and she has no recollection of ever being at a party or gathering where he was present with or without Dr. Ford.” Think about that fact.”

Lack of memory from four people does not prove innocence. Kavanaugh wanted to lead Senators to think otherwise. None of the alleged party attendees ― Mark Judge, Leland Keyser and P.J. Smyth ― ever refuted anything Blasey claimed. They simply said they could not remember attending the party Blasey-Ford referred to.

Many people have argued that even if the allegation against Kavanaugh were true, it should not prevent him from joining the Supreme Court. This is absurd on its face.

If “it happened long ago” absolves someone of guilt or consequences, then he could have committed more serious crimes and people would argue that he should still be placed on the Court “because his shooting and paralyzing an innocent woman walking outside his window” happened 36 years ago. Or “because his stealing $600,000  from a law client” happened 36 years ago.

“The day after the allegation appeared, I told this committee that I wanted a hearing as soon as possible to clear my name. I demanded a hearing for the very next day. Unfortunately, it took the committee 10 days to get to this hearing. In those 10 long days, as was predictable and as I predicted, my family and my name have been totally and permanently destroyed by vicious and false additional accusations. The 10-day delay has been harmful to me and my family, to the Supreme Court and to the country. When this allegation first arose, I welcomed any kind of investigation. Senate, F.B.I. or otherwise. The committee now has conducted a thorough investigation, and I’ve cooperated fully.“

There was no FBI investigation before the second Senate hearing. Unfortunately, there has been no FBI investigation to date. After the second Senate hearing on Sept. 26, the White House provided the names of 10 people the FBI could interview. The White House also specified which topics the FBI could and could not discuss with the 10 people it specified.

To be clear, this was not an FBI investigation. Anyone who tries to say that there has been an FBI investigation is lying.

“I will not be intimidated into withdrawing from this process. You have tried hard. You’ve given it your all. No one can question your efforts. Your coordinated and well-funded efforts to destroy my good name and destroy my family will not drag me out. The vile threats of violence against my family will not drive me out. You may defeat me in the final vote, but you’ll never get me to quit. Never.”

The words above are not the words of someone who sees himself in a job interview and selection process. These are not the words of someone who believes he should have to win people over through balanced rhetoric and thoughtful impartiality.

These are the words of a bitter, suspicious and paranoid person.

“This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”

He could not be more wrong. Those of us who are opposed to him base that opposition on his lack of consistency and his unwillingness to answer questions during his first confirmation hearing.

On inconsistency: when he worked for Ken Starr he believes that a sitting President (then Democratic President Bill Clinton) could be investigated, indicted and prosecuted for criminal acts while in office.

However, now that he has been nominated to the SCOTUS by Trump, he believes that a sitting president (Trump) should not be investigated, indicted or prosecuted while in office because he is too busy being president.

Although it is obvious that Trump is completely overwhelmed, incompetent and incapable of serving responsibly in the role of president, his limitations and deficiencies of knowledge, skill and ability should not prevent him from being investigated, and indicted or prosecuted while in office.

Many of us are also extremely bothered by lies he told during his first confirmation hearing.

Someone who lies does not deserve a seat on the highest court in the United States. It is that simple.

“This is a circus. The consequences will extend long past my nomination. The consequences will be with us for decades. This grotesque and coordinated character assassination will dissuade confident and good people of all political persuasions from serving our country. And as we all know in the United States political system of the early 2000s, what goes around comes around.“

Kavanaugh appears to be vowing revenge on those who he thinks have done him wrong — “what goes around comes around.”  It is awful that, now that he has been confirmed, he will issue SCOTUS opinions filled with vengeful partisan fervor.

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