In an appearance on MSNBC, Weiss argued that the fundamental “ethical question” at issue is whether someone should be disqualified from sitting on the court because of a crime they committed as a teenager.
Weiss added that Ford’s allegations, which Kavanaugh has “unequivocally” denied, don’t fit a pattern — as many other instances of men who commit sexual misconduct do — and that the accusations can’t be proved.
“Brett Kavanaugh has a reputation as being a prince of a man, frankly, other than this,” she said. “Now, I believe her. I believe what she’s saying. I’m just saying, in the end of the day, it is one word against another.”.. MSNBC host Stephanie Ruhle pushed back, arguing that the standards should be higher for someone nominated for a lifetime position on the highest court in the country.
“We’re not talking about should he be disqualified to be a dogcatcher,” Ruhle said. “We’re talking about to be a Supreme Court justice.”
.. Weiss then seemed to back away from her assertion, but lamented that Kavanaugh’s “worst instance” was being “paraded” in public.
.. Mark Joseph Stern, a lawyer and writer for Slate, called Weiss’ question a “useless and irrelevant red herring” and argued that the question is not whether an adult should be held accountable for something they did as a teenager, but whether Kavanaugh lied about the allegations. If Weiss’ intuition is correct and Ford is telling the truth about the incident, then Kavanaugh has wrongly undermined a victim, he said.
.. “It is perfectly consistent to believe that nobody’s life should be ruined for committing a crime at age 17 — and that any adult who lies about that crime should not be elevated to the Supreme Court,”he wrote.
The implication was that the court of public opinion is trying not Brett Kavanaugh but the very idea of the All-American boy—good-natured, mischievous, but harmless. That Brett Kavanaugh was a decent kid who may have erred here and there but only did so in good fun, and that investigating the allegations levelled by Ford, Deborah Ramirez, and Julie Swetnick in earnest would amount to marching Tom Sawyer, Opie Taylor, and the Beaver single-file to the guillotine.
.. This was what moved Senators John Cornyn and Ben Sasse to seemingly genuine tears during Kavanaugh’s testimony. But it was Lindsey Graham who went apoplectic. “What you want to do is destroy this guy’s life, hold this seat open, and hope you win in 2020,” he shouted at Democrats during his turn for questions. “This is the most unethical sham since I’ve been in politics.”
“Boy, y’all want power,” he continued. “God, I hope you never get it.”
.. The Kavanaugh nomination is now, in part, a referendum on the #MeToomovement—on whether the goodness of successful men, with families and the respect of their peers, should be taken for granted, and whether the women who have suffered abuse, but who don’t possess the kind of evidence a prosecutor might find satisfying, should remain silent and invisible lest they sully sterling reputations.
.. Kavanaugh—by appearing in a prime-time TV interview, and in casting the accusations, incredibly, as a conspiracy against him orchestrated by allies of the Clintons—has shown himself to be exactly the political operative he was when he was working under Ken Starr and as a hired gun for the Bush Administration.
.. He is, backed into a corner and stripped of his robes, the quintessential Fox News man—both gladiator and perpetual victim, another “white male,” as Graham called himself on Friday, told to shut up and go away by feminists and a vindictive left.
.. Belligerent, wounded, proud, timorous, and entitled—a man given to gaslighting and dissembling under pressure.
.. Should he be confirmed, he will have the power to color rulings from the highest court in the land with the biases and emotionality he has revealed this past week until, if he so chooses, he drops dead.
.. Conspiracy theories about Kavanaugh’s accusers—that Ramirez was an agent of George Soros, for instance, or that Kavanaugh’s mother, a district-court judge, had ruled against Ford’s parents in a foreclosure case—were offered not only by the likes of the Daily Caller and Trumpists at the site Big League Politics this week but also by the NeverTrumper Erick Erickson, who has called Ford a “partisan hack,” and a reporter for National Review.
.. It was Ed Whelan—who heads something called the Ethics and Public Policy Center and is a man Washington conservatives consider “a sober-minded straight shooter,” according to Politico—who potentially defamed a Georgetown Prep alumnus with unfounded speculation about a Kavanaugh “doppelgänger,” a theory that could have originated on the right-wing message boards that birthed Pizzagate and are now fuelling QAnon.
.. The kind of discrediting rhetoric that was deployed by supporters of Trump and Roy Moore in the wake of allegations against them—that the charges had come after too many years, that the women bear blame or should be regarded skeptically for being in situations in which abuse might take place—was let loose by respected figures like the National Review editor, Rich Lowry. “Why,” he asked, of Swetnick, on Wednesday, “would she constantly attend parties where she believed girls were being gang-raped?”
.. And the Times’Bari Weiss and the former Bush Administration press secretary Ari Fleischer, both on the center-right, were among those who suggested that Kavanaugh should be advanced even if the allegations levelled by Ford are true.
.. It is often argued by this crowd that broad criticisms of the right risk pushing sensible conservatives toward Trumpism. But the events of the past two weeks have made plain just how illusory and superficial the differences between the respectable establishment and the Trumpists really are.
.. it cannot be said now, as it was in November, 2016, that the man in question is the best or only option for those committed to conservative policy objectives. Backing Brett Kavanaugh is a choice conservatives have made over viable alternatives—qualified conservative candidates who could be spirited through the nomination process before November’s elections or in the lame-duck session by a Republican Senate that has already proved itself capable of sidestepping the required procedural hurdles.
They have chosen this course because the Kavanaugh nomination has presented the movement with a golden opportunity to accomplish two things more valuable, evidently, than merely placing another conservative on the court: standing against the new culture of accountability for sexual abuse and, at least as important, thumbing their noses at an angry and despairing Democratic Party.