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Tag Archives: Supreme Court

Kavanaugh Supporter Ed Whelan Discredits Himself

This morning, I wrote a piece describing tweets by Ed Whelan, who I described as a respected conservative. Whelan wrote that evidence would emerge showing Brett Kavanaugh did not assault Christine Blasey Ford. Whelan since named a classmate of Kavanaugh’s who looks like the judge and who, he says, could have assaulted Ford. I don’t support this kind of speculation, and so I have deleted the article I wrote earlier. Whelan has drawn someone into this without providing any credible evidence that this person did anything.

Americans are a Fair People, and the Kavanaugh “Scandal” Will Help the GOP

I’ve seen several articles Tuesday suggesting that Republicans are going to be harmed in the midterms by the sexual assault accusations that have been lodged against Judge Brett Kavanaugh. I don’t believe it, because Americans are fair-minded people who understand that what is happening is, so far, supremely unfair. The articles seem to rely on a lot of the same kind of operatives and analysts who thought President Trump had no chance of becoming President Trump. That is, they don’t get average Americans.

If Kavanaugh assaulted a woman, even in high school, then it is reprehensible and he should not only not be confirmed for the Supreme Court, but he should step down from his current position. I was an idiot in high school too, but I never did anything like this.

But if the evidence stands as it is now, there is no way to prove that any of what is alleged happened, and Kavanaugh’s sterling reputation should remain unbesmirched. And yes, he should be confirmed.

As you are no doubt aware, Christine Blasey Ford has alleged that Kavanaugh assaulted her 36 years ago. Even if she believes what she is saying, there are no contemporaneous witnesses who can back up her assertion. She apparently told no one, which is thoroughly understandable if this is true, but still, she told no one – until some three decades later. And again, even if she believes her allegation to be correct, it is perfectly reasonable to think that her recollection of it over the years may have changed.

From  July 2013 article in Psychology Today:

Now Daniela Schiller, of Mt. Sinai School of Medicine and her former colleagues from New York University give us a new insight into the nature of memory.

Not only are our memories faulty (anyone who has uncovered old diaries knows that), but more importantly Schiller says our memories change each time they are recalled. What we recall is only a facsimile of things gone by.

Schiller says that memories are malleable constructs that are reconstructed with each recall. We all recognize that our memories are like Swiss cheese; what we now know is that they are more like processed cheese.

What we remember changes each time we recall the event. The slightly changed memory is now embedded as “real,” only to be reconstructed with the next recall.

And of course, she might just be making it up. I know it’s politically incorrect to say that. But you don’t, ipso facto, believe an accusation just because you abhor the crime. That’s not how our system of justice or our society works.

For Washington-based “political experts,” all you have to do is say “sexual assault” or “bad for women” and they go off like decapitated screaming chicken heads that suburban women will all vote Democratic. But average Americans are more sophisticated than that. They will get that there is a distinction in this case with a difference. That to the extent Kavanaugh is persecuted publicly – or if he is rejected by the Senate – over a 36-year-old accusation with no supporting evidence, that he will have been treated unfairly. And furious Republicans will come out in waves to vote.

Because they will understand that if Kavanaugh is doomed by this, Mob Rule has taken the place of justice in our society.

And the more the Supreme Court issue is in the news close to Election Day, the more that conservatives will remember why they vote. And so they will vote. And the supposed “enthusiasm gap” that appears to favor the Left will be closed.

Trump Defends Kavanaugh But Calls for a “Complete Process”

President Trump Monday afternoon continued to stick to the script, avoiding criticizing Judge Kavanaugh’s accuser while saying the charges should be vetted and there could be a little delay, even as he subtly suggesting political gamesmanship on the part of Democrats.

From remarks to reporters at the White House:

Judge Kavanaugh is one of the finest people that I’ve ever known. He’s an outstanding intellect. An outstanding judge. Respected by everybody. Never even had a little blemish on his record. The FBI has, I think, gone through a process six times with him over the years where he went to higher and higher positions. He is somebody very special.

At the same time, we want to go through a process. We want to make sure everything is perfect, everything is just right. I wish the Democrats could have done this a lot sooner, because they had this information for many months. And they shouldn’t have waited til literally the last days . . .

One thing I will say is that as I understand it, Judge Kavanaugh spent quite a bit of time with Senator Feinstein and it wasn’t even brought up at that meeting and she had this information. So you would have thought certainly that she would have brought it up at the meeting – not wait ’til everything’s finished and then have to start a process all over again.

He is one of the great intellects and one of the finest people that anybody has known. You look at his references – I’ve never seen anything quite like it.

Q. Should it be delayed?

I don’t know. It depends on the process. I’d like to see a complete process. I’d like everybody to be very happy. Most importantly, I want the American people to be happy because they’re getting somebody that is great. I want him to go in at the absolute highest level. And I think to do that you have to go through this. If it takes a little delay it’ll take a little delay. It shouldn’t certainly be very much . . .

If they delay a little bit just to make sure everybody’s happy – they want to be happy. I can tell you the Republican senators want to be a hundred percent happy themselves. They’re doing it very, very professionally.

Kavanaugh Again Denies Accusation; Agrees to Testify

This statement by Brett Kavanaugh was released by the White House Monday morning:

“This is a completely false allegation. I have never done anything like what the accuser describes—to her or to anyone.

“Because this never happened, I had no idea who was making this accusation until she identified herself yesterday.

“I am willing to talk to the Senate Judiciary Committee in any way the Committee deems appropriate to refute this false allegation, from 36 years ago, and defend my integrity.”

Kavanaugh Accuser’s Letter to Feinstein: The Full Text

The letter sent by Christine Blasey Ford to Sen. Dianne Feinstein in July accusing Supreme Court nominee Brett Kavanaugh of sexually assaulting her has been leaked to the media. I mean, not to me, unfortunately. I got it from the media to which it was leaked. Anyway, it appears below.

The redacted names are those of Ford, Kavanaugh, and the Kavanaugh friend alleged to have been in the room at the time, Mark Judge.

*******

Dear Senator Feinstein;

I am writing with information relevant in evaluating the current nominee to the Supreme Court.

As a constituent, I expect that you will maintain this as confidential until we have further opportunity to speak.

Brett Kavanaugh physically and sexually assaulted me during high school in the early 1980’s. He conducted these acts with the assistance of REDACTED.

Both were one to two years older than me and students at a local private school.

The assault occurred in a suburban Maryland area home at a gathering that included me and four others.

Kavanaugh physically pushed me into a bedroom as I was headed for a bathroom up a short stair well from the living room. They locked the door and played loud music precluding any successful attempt to yell for help.

Kavanaugh was on top of me while laughing with REDACTED, who periodically jumped onto Kavanaugh. They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state. With Kavanaugh’s hand over my mouth I feared he may inadvertently kill me.

From across the room a very drunken REDACTED said mixed words to Kavanaugh ranging from “go for it” to “stop.”

At one point when REDACTED jumped onto the bed the weight on me was substantial. The pile toppled, and the two scrapped with each other. After a few attempts to get away, I was able to take this opportune moment to get up and run across to a hallway bathroom. I locked the bathroom door behind me. Both loudly stumbled down the stair well at which point other persons at the house were talking with them. I exited the bathroom, ran outside of the house and went home.

I have not knowingly seen Kavanaugh since the assault. I did see REDACTED once at the REDACTED where he was extremely uncomfortable seeing me.

I have received medical treatment regarding the assault. On July 6 I notified my local government representative to ask them how to proceed with sharing this information . It is upsetting to discuss sexual assault and its repercussions, yet I felt guilty and compelled as a citizen about the idea of not saying anything.

I am available to speak further should you wish to discuss. I am currently REDACTED and will be in REDACTED.

In confidence, REDACTED.

H/T Washington Examiner.

White House Playing Kavanaugh Accusation Smart – So Far

The White House is in rare message-discipline mode — including having the right message — as its Supreme Court nominee, Judge Brett Kavanaugh, faces an accusation that he sexually assaulted a girl when he was in high school.

I’ve checked and rechecked President Trump’s Twitter feed. So far, he has not used it to attack the accuser, Christine Blasey Ford. That doesn’t mean he won’t do it. But it does mean that for now, as of 10:00 am ET, someone is gluing his fingers to the Resolute Desk in the Oval Office every time it occurs to him to tweet about it.

The official White House line is that Kavanaugh’s accuser should be heard. That’s smart. First of all, she’s going to be heard anyway, no matter what. And secondly, just strategically, the right thing to do is not to come off as unsympathetic, because that will only increase sympathy for Ford.

Kellyanne Conway Monday morning said both Ford and Kavanaugh should testify.

“She should not be insulted, she should not be ignored, she should testify under oath, and she should do it on Capitol Hill,” Conway said. “And Judge Kavanaugh should also testify as to these 36-year-old allegations.” Conway suggested testimony should occur as soon as Tuesday.

Kavanaugh Accuser Willing to Testify; Did Not Tell Anyone About Incident at the Time

Christine Blasey Ford, who has accused Supreme Court of sexually assaulting her 36 years ago, is willing to testify before the Senate about her accusation, according to her attorney, Debra Katz.

And no doubt she will. Retiring Sen. Jeff Flake, R-Ariz., who hates President Trump, is on the Judiciary Committee and has already indicated that he won’t vote for Kavanaugh until Ford is heard, which means Kavanagh can’t get voted out of committee.

Katz is already accusing Republicans of bad faith, even before they have asked a question, suggesting they want to politicize the upcoming examination of her client’s charges.

But in what is certain to undermine Ford’s assertion against Kavanaugh, Katz admitted that Ford did not tell anyone what happened at the time. She did speak with her husband and a therapist about it in 2012. So we are talking, even assuming Ford believes what she is saying, about a 30-year-old recollection.

Kavanaugh Accuser Comes Forward and Describes Alleged Assault

Updated at 6:46 pm ET.

Christine Blasey Ford is the woman who has accused Brett Kavanaugh of attempting to rape her around 1982, when he was 17 years old and she 15, according to the Washington Post, to which she decided to give her story.

Senate Republicans have signaled they plan to move ahead with a vote anyway. Right now this is a 36-year-old story with no contemporaneous witnesses yet coming forward to corroborate her story.

But this is a serious problem for Kavanaugh. I doubt Republicans will be able to proceed until there is an investigation, in the manner that there was when Justice Clarence Thomas was accused by Anita Hill. It’s hard to see Republican Sens. Susan Collins and Lisa Murkowski supporting him otherwise.

ADD: But have to say, this is Kafkaesque. Who can have any idea exactly what happened 36 years ago in something that did not, in fact, result in rape? Even if this woman is being honest, her memories of it may have changed significantly. Unless more information comes forward, this is not something that should stop his confirmation.

From the Post piece:

Speaking publicly for the first time, Ford said that one summer in the early 1980s, Kavanaugh and a friend — both “stumbling drunk,” Ford alleges — corralled her into a bedroom during a gathering of teenagers at a house in Montgomery County [in Maryland].

While his friend watched, she said, Kavanaugh pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.

“I thought he might inadvertently kill me,” said Ford, now a 51-year-old research psychologist in northern California. “He was trying to attack me and remove my clothing.”

Ford said she was able to escape when Kavanaugh’s friend and classmate at Georgetown Preparatory School, Mark Judge, jumped on top of them, sending all three tumbling. She said she ran from the room, briefly locked herself in a bathroom and then fled the house.

Ford said she told no one of the incident in any detail until 2012, when she was in couples therapy with her husband. The therapist’s notes, portions of which were provided by Ford and reviewed by The Washington Post, do not mention Kavanaugh’s name but say she reported that she was attacked by students “from an elitist boys’ school” who went on to become “highly respected and high-ranking members of society in Washington.” The notes say four boys were involved, a discrepancy Ford says was an error on the therapist’s part. Ford said there were four boys at the party but only two in the room.

Kavanaugh Smear Even Loses Morning Joe

Temporary sanity broke out Friday morning on MSNBC’s Morning Joe as the hosts derided Democratic leaks that a letter exists suggesting Supreme Court nominee Brett Kavanaugh did something wrong to a girl during high school, 25 years ago. “This looks like a cheap last-minute trick by Democrats – whether you’re for Kavanaugh or not,” said… Continue Reading

Possible #MeToo Accusation Against Kavanaugh Spurs Uproar

According to Fox News: “I have received information from an individual concerning the nomination of Brett Kavanaugh to the Supreme Court,” Sen. Dianne Feinstein, D-Calif., said in her surprise statement. “That individual strongly requested confidentiality, declined to come forward or press the matter further, and I have honored that decision. I have, however, referred the… Continue Reading

Ruth Bader Ginsburg: I Think I’ll Serve at Least Five More Years

Uhh boy. She’s probably right. I think she’s indestructible. “I’m now 85,” Ginsburg said on Sunday. “My senior colleague, Justice John Paul Stevens, he stepped down when he was 90, so think I have about at least five more years.” She’s put her money where her medications are by hiring law clerks through 2020. NO,… Continue Reading