Tuesday, September 17, 2019

Kavanaugh Conspiracies

A bit over a year ago Judge Kavanaugh looked like a shoe-in for confirmation to the Supreme Court. But then, after what should have been his last confirmation hearing, Senator Diane Feinstein revealed that someone had contacted her weeks earlier with allegations of sexual misconduct. The accuser, Christine Blassy Ford, refused to contact the Senate Judiciary Committee directly, instead  going to the Washington Post with her story. That was followed by numerous other allegations.

Because of the #MeToo movement, people were inclined to believe Ford that something happened. After all, the #MeToo'ers said, coming forward with such complaints was such a burden that no one would make something like that up. But, as the allegations piled up, it was obvious that people were making things up. But let's assume for a moment that Ford and Ramirez were telling the truth.

Ford's basic story is that when they were in high school, Kavanaugh groped her over her clothing and swim suit but she easily got away from him. That's all it amounts to. What she said during her testimony had been coached to make it sound much worse. She talked about being afraid that he would suffocate her and life-long trauma she suffered from the incident. But, the trauma-induced claustrophobia she claimed to have did not exist. She lied about it which casts doubt on the rest of her story. Further, Kavanaugh kept a detailed diary showing that he was so busy with sports that this event never occurred, at least not with him. And, finally, the other three people named all denied it.

The second allegation happened at Yale. Somehow, at a drunken party, Kavanaugh lost his pants and put his penis in the face of Deborah Ramirez. Assuming it happened, so what? Yes, it's at odds with Kavanaugh's reputation as boringly straight-laced but it tells us nothing about his fitness as a judge 30+ years later. But, again, it's unlikely to have happened. Ramirez admits that she was drunk at the time and spent a week trying to decide if it was Kavanaugh or not. She called friends before coming forward but could not find any who remembered the incident. Again, it's likely this did not happen, at least not with Kavanaugh.

What brought this up again is that someone else remembers a second incident similar to the one with Kavanaugh. This launched calls for a new investigation and possible impeachment. But this allegation is on even shakier ground than the others. The accuser, Max Stier, is a lawyer with deep ties to the Clintons and the alleged victim doesn't remember it happening. Considering that Stier has his own axe to grind and could not produce a single witness, this is likely another fabrication.

There is some outrage because Stier informed the Senate Judiciary Committee of his allegations a few days prior to the final vote. Democrats are complaining that the process was rushed.

So, now that I've covered the facts, here's what I think really happened. When Justice Kennedy announced his retirement, the Democrats decided they would prefer to keep the seat open until 2021 in the hopes that a Democrat would defeat Trump for reelection. So their plan was to stall until the 2018 election when they hoped to take the Senate. After that, they would either refuse to consider any Trump nominees or would vote them down.

Kavanaugh was one of the best-qualified candidates in modern history. Some of his opinions were copied verbatim into Supreme Court rulings. The only way to keep Kavanaugh off of the Court was to engage in personal destruction. They used the same play-book as was attempted under the Clarence Thomas hearings - wait until after the confirmation hearing then breathlessly introduce an unsubstantiated accusation of sexual harassment. Ford's lawyer has even said that the whole purpose was to "put an asterisk" on Kavanaugh's name.

Stier's accusation came so late in the process precisely to stall for time. If they had waited for an investigation then it would have been followed by more accusations in an endless procession. No one wanted to know the truth about Kavanaugh, that he is a decent man. They wanted to stall and besmirch his character.

Now, a year later all of this is coming up again. Why? It is unlikely that Kavanaugh will be impeached and removed from the bench. The real reason is to add more asterisks to his name in order to scare off other conservative candidates.

No comments: