Tag Archives: Durbin

Final Thoughts on Kavanaugh Hearing

Dr. Ford was entirely credible. She had no reason to expose herself to this notoriety if she were lying. She, and she alone, was prepared to subject herself to an independent FBI investigation.

Kavanaugh’s refusal to say, simply, “yes, I want an FBI investigation” is definitively and finally condemnatory. He was playing the Republican-Trump songbook and not prepared to deviate, even when trapped in the corner where Senators Durbin and Harris put him.

Kavanaugh’s opening intemperate outrage and hostility and the attacks on the “left-wing” Democrats are, by themselves disqualifying because they demonstrate a person of questionable temperament. These attacks raise the serious question whether Kavanaugh can fairly decide any case in which there are left-right political implications. Will he not be faced with demands to recuse himself from every such case if he is affirmed for the Supreme Court?

The Republican majority continued their partisan march to affirming the nomination. Chairman Grassley repeatedly interjected himself into the process to challenge what he thought were threats by Democrats to the pure record he wanted to come out of the hearing at the end of the day. Without explaining it, Grassley abandoned the Republican strategy of having Rachel Mitchell conduct the witness examinations. He did this to give Senator Graham to gain the floor, during which Graham went berserk in attacking the Democrats, playing into the Kavanaugh theme that his character had been assassinated and his reputation and family “permanently destroyed.” Graham’s performance was Oscar-worthy; in my view it was designed to do two things: (1) disrupt the rhythm of the hearing, and (2) show Donald Trump that Graham is still totally and relentlessly loyal to him. On the second point, everyone should read Bob Woodward’s book, Fear, wherein Graham’s very close relationship as consigliere to Donald Trump is demonstrated beyond a doubt.

In my opinion, every move, including the tenor of Kavanaugh’s remarks and his disrespectful responses to several Democratic senators, was likely cleared by Kavanaugh with the Republican strategists managing his campaign for the Court seat. The anguish of the Republican members of the Judiciary Committee was largely feigned political showmanship.

At the end of the day, even if it is true that the Democrats have somehow orchestrated the alleged “attack” on Kavanaugh in an effort to prevent the filling of the Supreme Court seat until after the midterm elections, a sufficient question of character and temperament has been raised to warrant two steps: (1) ask the FBI to conduct an independent investigation of Dr. Ford’s allegations against Kavanaugh, and (2) disclosure of all the withheld documents, including public disclosure of the “committee confidential” documents that do not contain national security or other serious private information. This should be done regardless of how long it may take.

 

Early Thoughts About the Judiciary Committee Hearing on Kavanaugh

Chairman Grassley opens the hearing with an apology for the way the witnesses have been treated. Then, he proceeds to undermine Ford’s position with commentary about Ford’s “secret” letter, complaining about Democrats’ handling of the letter, reciting statements submitted by witnesses adverse to Ford’s. This, Grassley argues, prevented investigation of Ford’s allegations. He also argues that the FBI investigation would have been useless, citing a statement from Joe Biden about how FBI investigation would have reached no relevant conclusions.

Then Grassley spends time promoting the credentials of the woman selected by the Republicans to examine Dr. Ford. Finally, he turns to attacking the other two women who have made allegations against Kavanaugh because they have allegedly not responded to requests for more information. This seems like another attempt to undermine Ford.

Ford struggles through her prepared testimony, on the brink of breaking down from the outset. She appears somewhat bewildered by the process details, which is understandable in that she has never testified before Congress. Dr. Ford’s attorney is engaged and supportive when she seems lost.

Under examination from Ms. Mitchell, Ford astutely suggests that an investigation of Kavanaugh’s employment history would help narrow the details of when the attack occurred. Chairman Grassley ignores this.

Sen. Durbin puts in record a long list of Kavanaugh classmates and others calling for an FBI investigation. Again, ignored. Grassley explodes at Durbin’s comments about the investigation issue, with Grassley claiming the committee could have conducted an investigation while preserving Ford’s privacy. If the situation were not so serious, this would be laughable, the declaration that the committee would have preserved Ford’s privacy while conducting an “investigation” in circumstances where the Republican majority is totally committed to confirming Trump’s nominee no matter what.