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Sometimes when I’m signing a letter or an email I use the closing take care. It’s rather trite and formulaic, but it’s a convenient way to say take care of yourself, be kind to yourself, relax, enjoy and also be careful.
And it seems to me very appropriate for this moment in time to say to you all: take care. The last couple of weeks have been stressful, and it’s not even close to over. The rapid ups and downs, the repeated delays, the fast-breaking news of multiple accusations, the roller coaster ride of a day-long hearing filled with drama, the announcement that the vote would come on Friday morning and that enough people were onboard, and then The Flake Deal.
The level of outraged anger I see on the right side of the blogosphere is as high as anything I’ve witnessed before. It’s a different kind of anger than usual, a feeling that a Rubicon has been crossed. Shared values? Don’t think so. Rule of law? Gone. It really strikes home that, as a commenter here wrote recently: “The differences go to the metaphysical level, to the depths where conversation can only elicit, as a famous philosopher once said, an incredulous stare.”
The comments I read yesterday on articles at liberal sites exhibit a level of gleefully vengeful vitriol that rivels anything I’ve seen before online, and that’s saying a lot. It’s not just the invective, it’s the form it takes and the huge number of people expressing it. Just to take one example, there’s a vicious hatred toward Brett Kavanaugh for the crimes of having gone to private school and being a white man.
I’m not going to reproduce any of it here, because I think we all need to protect ourselves from spending too much time wading through bile mixed with acid.
If you find yourself thinking too much about politics right now, please take care. Take some time away. Distract yourself. Ease up. Remind yourself that we don’t know what will come of all of this.
Long ago, right after 9/11, I remember talking to a friend who is a very religious Christian. When I expressed anxiety about the final outcome of what seemed to me like an epic battle against a vicious and intolerant force, he said that evil never triumphs, not ultimately.
I didn’t ask what he meant by “ultimately.” I think he was taking a very long view. I hope he was right, and sooner rather than later. Because I see a lot of evil out there right now, and I see it laughing with delight. So I need to turn away sometimes and take care.
NOTE: And no, that doesn’t mean I plan to stop blogging about politics. But it does mean I plan to go out for a walk in a little while, and to go to a restaurant for dinner tonight.]
The presumption of innocence for the accused is one of the pillars—probably the main pillar—of our criminal law. Its importance to our liberty cannot be overstated.
But Chuck Schumer was at least partially correct when he said of the Kavanaugh hearing that there’s no legal presumption of innocence there:
“It’s not a legal proceeding, it’s a fact-finding proceeding…this is standard operating procedure,” Schumer said. “There is no presumption of innocence or guilt when you have a nominee before you.”
How is he partially correct? The hearing is not a criminal trial. A trial would guarantee much stronger protection for the rights of the accused than we saw in the proceedings on Thursday.
But that’s actually irrelevant, because what really happened was that Thursday’s hearing flipped the presumption of innocence on its head. Topsy-turvy-land, looking-glass world. Although not a trial, it was a quasi-trial of a shortened variety in which it was the accuser who was largely protected and given the kid-glove treatment, and the accused who had to be his own advocate because he was offered almost no protection at all.
Schumer can pretend that what happened to Kavanaugh was “standard operating procedure,” but of course it was not and let us fervently hope it never becomes so (perhaps Schumer would like to face a similar standard if some women who went to high school with him came forward to accuse him?). No one in this country—even someone as old as I am—has ever seen anything quite like Thursday, in a supposed “fact-finding proceeding” in the Senate in its “advise and consent” role regarding judicial nominations for federal judges. The only thing that came close was the Clarence Thomas hearings, and even then Thomas was afforded more of the presumption of innocence than Kavanaugh was, and Thomas’ accuser was faced with more challenging questions.
What’s more, there’s a huge gap between a legally required presumption of innocence on one side of the scale and the trial by tears that we saw on Thursday. In a criminal trial, the presumption of innocence is accompanied by another standard: the necessity of proof beyond a reasonable doubt. But in the case of the hearing, no proof was offered except for Christine Blasey Ford’s shaky testimony with so many gaps of memory that it was highly suspect on its face.
Ford’s statement didn’t even meet the civil court test of preponderance of the evidence. It didn’t even meet any rational non-legal test. The only test it could possibly have met was that of the completely subjective and emotional, as I wrote here. That is not enough. That is not nearly enough.
And Chuck Schumer knows it full well. But he doesn’t care.
[NOTE: And please read this by Stacey McCain. It presents quite a timeline for the coordination of Ford’s story by Feinstein, lawyers, and the press for their hit job on Kavanaugh.]
I keep reading that Christine Blasey Ford was highly sympathetic on Thursday and that her emotionally intense rendition of her story made her testimony especially “credible.” But long before Kavanaugh was even nominated, I had already written about the relative meaninglessness of the word “credible” when deciding if an accusation is in fact true or false. The context of this discussion was the Roy Moore brouhaha:
All “credible” means is that the story might be true—that it’s not incredible.
For example, if I said “John Smith sexually abused me when we were drifting in outer space while flying to Mars under our own power,” that would be an incredible story. Not believable. Literally impossible. But to craft a credible story, all I’d have to do is have a history that involves some proximity to the accused, and do a bit of research as to where he worked, etc.. Stuff that would be easy to find out.
Even better if I’d had some connection to him.
People who are out to get a politician in trouble through false accusations have a lot of information to work with. It also helps if it was long enough ago that there is no way to fact check…
…]P]roof doesn’t have to rise to the level of courtroom proof to believe someone is probably guilty. But credible accusations doesn’t cut it and shouldn’t cut it. Persuasive accusations would be better. What “persuades” you sure doesn’t persuade me…
Nor does any of this mean I think the women [who have accused Moore] are liars. As I’ve also said many times, they may indeed be telling the truth. But women and men lie at times, for many reasons, and it’s not even all that unusual. Sometimes they lie very credibly. Sometimes they lie while demonstrating a lot of emotion. I’ve seen it many times; so have you. Sometimes they even believe their own lies—or come to believe their own lies [or errors]. I think we should be very very careful about coming to conclusions unless the evidence for something is very powerful.
I wrote that in December of 2017, but it could apply just as well to the present situation and in particular to people’s reactions to the hearing on Thursday.
I’ve written quite a bit on this blog about Brett Kavnaugh’s emotional state of outrage during his testimony, an affect that is extremely consistent with his being an innocent man falsely accused. But, just as Christine Blasey Ford’s apparent upset and emotional fragility while telling her own harrowing tale tells us next to nothing about whether Brett Kavanaugh did it, and only slightly more about whether it happened at all, so Kavanaugh’s affect during his testimony hardly rules out the possibility that he’s either lying or simply doesn’t remember the incident.
(There’s also the issue of whether an unsuccessful groping incident at the age of 17, which would have amounted to a misdemeanor even if he had somewhow been found guilty at the time, would matter at this point anyway in light of his later life. But I’ll put that question aside for the purposes of this particular post).
Demeanor isn’t nothing; it tells us something about a person. But it tells us much less than we think, unfortunately, and it cannot tell us whether that person’s story is true. That’s what the other evidence is about.
Why would I care how much Ford’s voice quavered when she testified, or that other women watching cried along with her? On a human level, sure, it’s of interest. But on a true/false level, it is one of the least important parts of the episode for me. As Ammo Grrrll wrote at Powerline:
I think the #MeToo “Movement” is the most dangerous movement since the KKK, which it resembles with its mob mentality. And, I speak with total moral authority because I am a woman, whose every squeak and whine is, therefore, “credible.” I can credibly accuse any male from my kindergarten, high school, college, or long-ago workplaces, of the most lurid crimes, with no corroboration or even dates of occurrence…
Even after Tawana Brawley, and Mattress Girl, the Duke LaCrosse team accusers, and the fraternity gang rape that never happened, after every poop swastika and banana peel in a tree, all men and most women feel they HAVE to give an obligatory genuflection to “but, of course, the #MeToo movement is an important and wonderful thing.” No. It is not.
It is a deadly cocktail of Professional Victimhood, Neo-Victorianism, the hysteria of the Salem Witch Trials and the certainty of being found guilty of the Stalinist Show Trials.
I will add that the #MeToo movement was also the warm-up act for the Kavanaugh accusations. It involves the norming of the “believe the women” mantra that is not only one of the most dangerous ideas I’ve ever heard but also one of the most profoundly stupid.
Have you ever watched the TV show Forensic Files? I went through a period of fascination with it, because it showed true stories of criminal investigations with many twists and turnings and much real documentary footage. But one of the side effects of watching so many episodes of the series was that I saw, over and over, video that showed how convincingly people can lie, and how intensely liars (even criminals) can pull on the heartstrings. Their motives are varied, but their ability to dissemble convincingly knows almost no bounds.
The grieving husband who later is proven to have murdered his wife to be with his mistress. The tearful wife who later is proven to have murdered her husband for the insurance money. It’s a humbling experience to view their testimony, so very convincing, and then see the denouement. Wow. I can be fooled, the watcher has to admit. Wow, that person was so convincing about being an innocent victim, and he or she is guilty! It’s a stark lesson one doesn’t forget.
And then of course there are people who are simply mistaken. They are probably the most consistently convincing of all in the emotional sense, because they’re not lying. The fact that Christine Blasey Ford may have been riveting in her testimony and her emotions right on point has no bearing—absolutely none—on whether Brett Kavanaugh was the perpetrator. Her affect tells us, quite literally, nothing about that. Only other evidence can, and so far not a single scrap of other evidence exists to back her up. And I’m sure the Democrats and her lawyers tried very hard to get corroborating evidence. They completely failed.
It was Kavanaugh who provided whatever evidence we have, and it was exculpatory evidence about himself.
There is also the little matter of Blasey Ford’s known lies. We know she lied about her fear of flying—or her lawyers did it for her, and she refrained from correcting them. That has come out in the hearing, as well, and it casts doubt on her veracity. And what about her lack of knowledge of one of the Committee’s offers regarding her interview? Did her lawyers not tell her? Does she not read the news? We also know someone scrubbed her entire social media history before this all came out, which could certainly indicate a desire to hide evidence. Why was that done? These are things that she might be able to explain in some innocuous way, but they are all red flags, flags that her sympathetic affect while telling her story cannot eradicate.
We know little about her history except what she has chosen to tell us; we know a lot more about Brett Kavanaugh, and the vast and overwhelming majority of it is good. But for many people, knowing little about Ford has no bearing on their decision because they know the only facts they deem important: she’s a woman who convincingly described a trauma with appropriate emotion.
This isn’t the American way. It’s the mob rule way. Western civilization struggled long and hard against the forces of irrational hatred to replace them with the rule of law that protects us all, and that’s a rare achievement that runs counter to some of our natural propensities for evil and tyranny and must be guarded for the precious thing it is (as Sarah Hoyt has so eloquently described here). But there are many who would throw it out in their race for power, and/or their race to validate and install their own feelings as the standard instead.
That is why what we face what now is perilous.
Trial by tears is not much better than trial by ordeal, except that the latter caused the death of those who failed to pass it. We fought to become better than that, and to maintain the new standards, and now we stand at the very brink of throwing it away.
…and yet the foot-dragging moderates are now insisting on a short delay for a brief FBI investigation.
More:
Flake earlier had announced his support for Kavanaugh, but then disappeared from the committee room as lawmakers offered hours of statements on the proceeding.
When he returned to speak, he said he would vote to advance Kavanaugh in exchange for a one-week delay in a Senate floor vote on his nomination.
“I think it would be proper to delay the floor vote for up to but not more than one week in order to let the FBI to do an investigation limited in time and scope,” he said.
Flake was reportedly in discussions with Sen. Chris Coons (D-Del.) and other members of the panel.
Flake said he was voting to advance Kavanaugh “with that understanding” and said he has spoken “to a few other members on my side of the aisle who support it as well.”
He said senators should do “what we can to make sure that we do all do diligence with a nomination this important.”
It’s highly uncertain that Senate Majority Leader Mitch McConnell (R-Ky.) will agree to delay the vote, which is on pace for Tuesday of next week.
As I’ve written many times before, the fact that the GOP has such a razor-thin margin in the Senate gives people like Flake (who is essentially a lame duck) the ability to wield disproportionate power. He—and Collins or whoever else on the right is part of this—is playing with fire, and he must know it, because if the GOP “moderates” betray the right on this one and prevent Kavanaugh from taking a seat on the Court, the fury on the right will be indescribable.
The idea of some sort of FBI investigation is absurd, and he also knows that. The FBI cannot possibly investigate something over which it has no jurisdiction, that occurred approximately thirty-six years ago with no time or place, in which the named witnesses all have already sworn under penalty of perjury that it never happened, and for which there is no evidence at all except either exculpatory evidence (the calendar, for example) or the testimony of an accuser who has given vague and contradictory statements.
My hope is that Flake et al are just looking for cover for a “yes” vote, so that they can say they bent over backwards to investigate and there was no there there. But I don’t trust any of them as far as I can throw them.
Three days ago I wrote a post about the Kavanaugh fight called “Character and crucible.” Here’s an excerpt in which I define the word “crucible”:
Arthur Miller’s play about the Salem witch trials is called “The Crucible,” and the meaning of that word is this:
1 : a vessel of a very refractory material (such as porcelain) used for melting and calcining a substance that requires a high degree of heat
2 : a severe test
3 : a place or situation in which concentrated forces interact to cause or influence change or development
So we have a crisis that functions not only as a test, but as a formative experience enhancing character. Some pass it, some melt…
…I]t is possible that (although he’s been a federal judge) this is the first real crucible that [Kavanaugh’s] been through.
…at this point it would help if he had, if not [Clarence] Thomas’ history, at least the gravitas and fire that Thomas brought to his hearings because of his previous experiences that had helped to forge (that’s an appropriate word, too, in terms of the crucible metaphor) his steely character.
Prior to yesterday’s testimony by Kavanaugh, I had no idea if he would be able meet the test. I had my doubts. But I felt that if he failed to meet it the results could be disastrous, and I sensed that passing it might require a very different emotional presentation from that of the sober, calm judge that had been his previous public face.
Kavanaugh’s earlier interview on Fox News hadn’t been encouraging. It gave no hint of the kind of “gravitas and fire” I was hoping to see. He was Mr. Nice Guy. But when Kavanaugh came out yesterday to speak at the hearing, it quickly became clear that, although his style would be quite different from that of Clarence Thomas during his hearing, Brett Kavanaugh was coming through his own crucible with a steely determination and blazing with appropriate righteous anger.
Kavanaugh was criticized for that anger by the left, who not only had elicited it by their scurrilous charges but also would have criticized him just as much or more had he failed to demonstrate much emotion. But the left was not the important audience here. The important audience was the middle and the right. It’s the middle—particularly the small number of possible swing GOP and Democratic senators—who are the ones who can be swayed, and the middle who (like most of America) understands that sometimes anger is the only proper response for an innocent person falsely accused. The other important audience was the right, a right that has often been in despair about the lack of fighting spirit in the GOP, and who were fully expecting some sort of capitulating wimpiness yesterday.
That’s not what they saw, although it looked that way at first. But not only was Kavanaugh breathing fire, so was Lindsey Graham. I wrote about Graham last night, but after reading around the blogosphere today and seeing the praise heaped on him by conservatives who had previously despised him, I’ve come to think that, as inspiring and heartening as Brett Kavanaugh’s performance was, Lindsay Graham’s managed to upstage him.
But it was actually the one-two punch of these mild-mannered Clark-Kents-turned-Supermen that caused so much shock and sheer delight on the right. When the hearing seemed on the ropes, the GOP sitting in the corner in an apparent stupor, who should come out swinging but the two guys who had previously seemed the least pugnacious of all. The satisfaction was all the more sweet for that.
In other words, just as “only Nixon could have gone to China,” only Lindsey Graham could have given the foot-dragging RINOs a tongue-lashing that might genuinely shame and motivate some of them to confirm Kavanaugh.
Let us fervently hope, anyway.
[NOTE: So far today there have been some technical issues on the blog, resulting in a lot of people receiving “error” messages. My apologies. The host is working on it and I hope it will be resolved soon.]
[BUMPED UP: Scroll down for today’s posts]
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The woman Ford is speaking about here is her lifelong friend Leland, who failed to back up Ford’s story of the party and the attack, and who also denied ever having met Kavanaugh at any time in her life:
I have never before heard a 50-something-year-old woman speak in the cadences of a 22-year-old. That speech pattern is popular among the under-thirty crowd, but Ford grew up in a different era and I’d be curious to know when she came to adopt that way of speaking.
One might say it’s a case of youthful trauma freezing her development. But as I already noted, this sort of speech was not at all common in her youth, so that’s not the explanation.
Other things we learned today about Christine Blasey Ford:
(1) she flies a great deal, and yet she had requested extra time because of fear of flying (thus validating my earlier “Midnight Run” reference).
(2) no one has ever seen those therapist’s notes from 2012 except her attorney—not even the reporter.
(3) we still don’t know why Ford’s social media history was scrubbed (although we can guess), because no one asked.
But I have decided that treating Ford with extreme kid gloves was exactly the right thing to do, although I didn’t initially think so. The Republicans laid low during Ford’s appearance, and Mitchell was also delicate in her questioning and reluctant to challenge Ford.
Their condemnation and scorn was all directed at the Democrats and not one iota at Ford, and I don’t think the Democrats expected that to be the case. What they had expected was that the Republicans and/or Mitchell would challenge Ford at least somewhat, and the Democrats wanted that to happen because they felt they could use it to campaign in November. They did not expect all of the GOP’s ire to be aimed squarely at the Democrats’ own duplicity and personal destructiveness.
And they most definitely didn’t expect the most ferocious attacks to come from Kavanaugh and their old longtime friend, none other than the ordinarily affable Senator Lindsey Graham.
Graham goes quite a bit beyond “Have you no sense of decency?” That’s because he knows the answer; the answer is “none.”
ADDENDUM:
I’ve read that over the last year or so Graham and Trump have gotten friendly. Maybe that’s why some of Trump’s straight talking style has rubbed off on Graham. Combined with Graham’s polish and lawyerly skills, it’s pretty darn good. I also think that the Kavanaugh attacks have shocked Graham to his core. He’s spent his life in the Senate being collegial, and he finds it hard to believe how vicious the Democrats have become on the personal level.
I saw him being interviewed tonight, and he made it clear that political fights, and even dirty political fights, he can handle. But this was an attempt to destroy a good person for political ends. The personal ruthlessness of the Democrats got to him, and his statements in this clip were unscripted.
My respect for Alan Dershowitz deepens, and it was quite deep already. He said this yesterday:
The Republican majority on the panel has selected Arizona county sex crimes prosecutor Rachel Mitchell for the job, but the issue with her, according to Dershowitz, is she likely lacks experience in cross-examination.
“I want to see the greatest engine of truth ever invented used effectively, namely used a cross-examination. And I’m worried that we don’t have the right people. The woman who has been hired to conduct the cross-examination has probably rarely ever cross-examined anybody,” he said on Fox News.
Dershowitz went on to say Mitchell’s decades of experience won’t save her.
“She’s a prosecutor. Prosecutors put on cases and mostly defendants don’t take the stand. So this is a woman with 20 years of experience as a prosecutor but no experience as a defense attorney, so I don’t think she’s the right person to question Dr. Ford,” he said.
[UPDATES below]
NOON:
So far I have not been able to bring myself to watch, although I probably will watch some of it later.
That may surprise you, but it’s for several reasons. The first is that I always am reluctant to take information in by listening and get impatient with it; I’ve mentioned that before. The second is that I generally get angry at the puffing and posing and posturing and politicking that are rampant in such hearings before Congress—all such hearings, in my experience so far. They are generally worthless or much worse than worthless, with perhaps a nugget or two that is important amid a pile of garbage. That means I tend to alternate between angry and bored for them.
But the third reason is the most important of all, and it applies to this particular hearing in particular. I am unusually angry right now that this is even being allowed to happen, because it seems deeply and inherently unfair to me. There is zero chance of discovering any sort of truth in this format. It is pure political theater. Even more offensively to me, it is a stage for theater in the guise of truth-seeking, with histrionics and feelings as the method and the goal.
It is a mock-trial that is nothing like a real trial. There are no protections for the accused here, and protections for the accused are the very foundation of the liberty we hold (or at least should hold) dear.
How on earth can a person counter the testimony of a traumatized, emotional woman in a forum like this? I have little doubt that Ford will either act that part (probably quite convincingly) or that she actually is a traumatized, emotional woman. I don’t know what traumatized her. It may have indeed been some incident thirty-six years ago in which a boy or two boys tried to get sexually intimate with her and ultimately failed.
Why that particular incident would traumatize this one woman so terribly when it would fail to do so with many others is one of the mysteries of human life, but that’s really not the issue here. The issue is: was Brett Kavanaugh one of the boys? How can he prove that? After hearing her emotional testimony, all he can do is deny it.
What force can that possibly have? I don’t know. But I do know that in an actual court of law his denial (in the form of a “not guilty” plea) would only be the starting point for a huge amount of discovery, evidence, cross-examination, expert witnesses—the entire panoply of the justice system in which one side would attempt to prove beyond a reasonable doubt that what the accuser says happened actually happened and constituted a crime or crimes, and in which the defendant’s name would be cleared if that proof could not be accomplished. However, in a real court instead of this kangaroo court, Christine Blasey Ford’s accusations wouldn’t even get that far, because they are so weak and so poorly evidenced and so old that the case would never come to trial.
The system is designed to protect us all, not just the Brett Kavanaugh’s of the world. Political theater is designed to protect no one except the fame and fortune of the politicians involved. It is not a forum for truth-finding, although in the process we may occasionally stumble upon it.
I can only hope that the truth will emerge here, but I strongly doubt it, and the process itself is a dangerous one that enshrines some of the worst impulses of our political “leaders.” I am with Ben Stein on this:
To stop Donald Trump, the Democrats have tossed out the whole basis of Anglo-Saxon jurisprudence — innocent until proven guilty. They’ve taken the greatest deliberative body in the world, the Senate —and made it the chapter room of a sorority at a tenth rate college. Is there no end to it? Stalin would approve. So would Goebbels. If this Democrat trick works, there simply is no meaningful legal protection in this country any longer.
It is clear to me that there is none. And that is true no matter how the hearing goes and how the Senate vote on Kavanaugh goes.
UPDATE 12:20 PM: I watched a couple of minutes and turned it off, for the aforementioned reasons. Reading about it around the blogosphere so far, it seems that her testimony is perceived as “credible” (which only means it might be true, and that plenty of people will believe it who are disposed to believe it) and the format is terrible, with the questioner only allowed 5-minute segments, and the Democrats posturing and praising Ford’s bravery. It seems so far that it’s playing quite nicely into the Democrats’ hands, which is what I expected. Do you agree?
I am also reading that there is no opportunity for the Republicans to cross-examine the witness. Is this really so? Did they really acquiesce to such a bizarre and lopsided forum for the Democrats and Ford to speak unchallenged? If so, are they stark raving mad?
UPDATE 12:33 PM I just took a look at a site that explained the hearing’s format, and it appears that the GOP will not question her. The single female questioner will do all the interrogating. I realize this was done to avoid the appearance of the GOP browbeating her, but it puts all the pressure on this one person and ties the hands of the GOP entirely, while the Democrats are free to spout off. A terrible terrible format that never should have been allowed to occur.
UPDATE 12:40 PM I am continually puzzled by the word “credible.” I’m reading that she sounds “credible” and her emotion seems real. Do people not realize that “credible” simply means that she’s not saying something like “little green men came from Mars and Brett Kavanaugh directed them to rape me”? (Although I have no doubt that some Democrats would find that credible, too.) Plenty of people are very effective at faking emotion. In her case it would be even easier, since the experience of testifying in this way is itself traumatic and emotional and could lend itself to shakiness and near-tears or even real tears. But Ford doesn’t need to feign emotion. If something really did happen to her—or even if she believes it happened—her emotion would be extremely real and she would have no need for faking.
As I’ve said before, that has no bearing on whether something of the sort she describes did happen to her, and it absolutely has no bearing on whether Brett Kavanaugh did it. That latter question—did this person do it?—is the only thing that’s relevant. And yet, how many people see it that way? I don’t think very many do. In a courtroom, the judge keeps reminding them of what they should be considering, and what the standard of proof should be. But as I’ve said before, this is no courtroom. This is a theater meant to draw on people’s emotional reactions.
UPDATE 1:05 PM One of the big problems the GOP faced from the start was that, once they decided to allow Ford to speak (a decision that IMHO was motivated by holdouts in the GOP who insisted on it) then they had problems with the optics of the GOP men questioning (“browbeating”) this poor suffering traumatized woman. In retrospect, I think it would have been far better had they gone ahead with that format anyway. The format they did choose involves a ceding of their own power, which makes them look weak and passive and allows the Democrats and Ford the floor, and depends entirely on the skill of the female interrogator. So the GOP screwed itself, essentially, by allowing the format to occur, but it was in some sense already screwed by the entire situation.
I sincerely hope I am wrong.
UPDATE 2:10 PM
Brett Kavanaugh has been a federal judge for about 15 years. But he’s also a lawyer and a graduate of Yale Law School, one of the finest in the nation in terms of reputation. To have gotten where he is professinally, he has to have tremendous legal skills. It occurs to me that he will need all those legal skills this afternoon. He is fighting for his life, not just the right to be on the Supreme Court. He is defending the entire record of his life both public and private. And there is no one to defend him except himself. He has no defense counsel and no rules of evidence here. He will have to depend on his wits.
This is profoundly unfair. The Clarence Thomas hearing was a bad situation as well, but it was fairness itself compared to today.
UPDATE 2:50 PM Having looked back recently to watch Clarence Thomas’ “high-tech lynching” moment, two things struck me in particular. The first was the clarity and eloquence of what he said. The second was his passion, his deep although controlled sense of outrage that came across loud and clear. It seemed like the outrage of an innocent man, and if he wasn’t innocent he certainly was a fine actor. although it did not come across as prepared. I think it was extemporaneous, although I’m not sure.
And it occurs to me that Kavanaugh will have to muster some of that eloquence and controlled fire. It shouldn’t be this way—these things should not be the way to determine things—but I think it is this way. I think that Kavanaugh needs to impress on his listeners that this isn’t just a threat to him, this sort of accusation winning the day is a threat to everyone, and that this is true even if Ford is convinced she’s telling the truth. Because memory is faulty and people are constantly mistaken about things, we deal with these things in the court of law and with the presumption of innocence. Once we throw that out the window we are set up for mob rule.
I don’t know whether that would save him. But I do think he needs to say that, because it is true.
UPDATE 3:21 PM
“Due process is the foundation of the American rule of law.” Kavanaugh. True, all too true.
He breaks down for a moment when saying his 10-year-old daughter said they should pray for “the woman”—i.e. Ford.
Kavanaugh does have Thomas’ outraged passion, but doesn’t have his deep voice.
UPDATE 3:35 PM
Kavanaugh keeps tearing up when he talks about his father. He is also going into detail about his calendar and what it says. I find it very effective. But I am disposed to finding it effective.
UPDATE 5:20 PM
I have not watched the questioning of Kavanaugh. Too stressful and exhausting; I can only imagine how stressful and exhausting it is for him. He’s made of sterner stuff than I.
But commenter “AesopFan” has posted some quotes from this portion of the proceedings. These quotes from Lindsay Graham are pretty intense:
Graham to Senator Durbin: you could have come to us at any time for an FBI investigation.
Yells at Durbin: I would never do to Kagan and Sotomayor what you are doing to him.
You want power, God I hope you never get it, Ford is your victim as much as Kavanaugh.
I am especially impressed with that last one: Ford is your victim, said to the Democrats. To me, that is an incredibly strong argument. She had wanted (supposedly, anyway) to remain anonymous, but it was the Democrats wouldn’t let her. They exposed her to this. And it was the Republicans who respected her fragility by being willing to question her in California, and ultimately by not having men question her, not having her be cross-examined, etc..
I was originally perplexed as to why the Republicans had tied their hands and kept themselves from questioning her at all during the hearing and only letting Mitchell question her, leaving her errors stated but essentially unchallenged in any strong way. I hadn’t realized that the Republicans would get to speak—and to challenge the Democrats, who deserve it—during the Kavanaugh phase of the hearings.
That’s pretty smart as a tactic, actually. Had they questioned Ford directly at all it would have seemed like they were taking advantage of an emotionally distraught and somewhat fragile woman.
…for the you-know-what.
NOTE: I’ve started a new thread above this one.