Tag Archives: Graham

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.

 

Final Thoughts About the Judiciary Committee Hearing on Kavanaugh

On the verge of hearing Judge Kavanaugh’s testimony, which should be very brief (“I am not guilty; I didn’t do it; I didn’t go it), Sen. Lindsey Graham has, in perfect character, come out as Trump’s attack dog, threatening Democrats with the idea that “if this is the standard by which to judge a nominee, Democrats will pay in the future.” Graham claims Democrats are just playing political games to prevent a vote before the midterms. Maybe, but so what? Remember Merrick Garland? Couldn’t even get interviewed and a vote? Never had a chance in Republican controlled Senate. If this is just politics, and not a serious issue regarding the composition of the Supreme Court, it is just desserts for Republicans whose perfidy has come around to hit them in the head.

Graham’s display of anger at what he claims was an “ambush” by Democrats is misplaced but that is par for the Republican course. Did he really expect that Dr. Ford would come in and confess to something? The extent of Graham’s rage is a direct reflection of the reality that Dr. Ford carried the morning.

A final total speculation: Rachel Mitchell, the professional interrogator, actually believed Dr. Ford and was, perhaps involuntarily, hampered in her ability to get hard new information about Dr. Ford’s story. She had a tough job and with the regular interruptions to hear from Democratic senators and an emotional but credible witness, she probably could not succeed no matter what she did. Good.