“None of This Was Fair”: the Kavanaugh Nomination Marks the Triumph of Trumpism on Capitol Hill

For the President, the whole fight has been the kind of win he loves: divisive and loud, with enraged liberals sputtering and his political base riled up.

In this polarized, Trump-era Senate, with its 51-49 Republican majority, there are, in fact, few genuine fence-sitters, and moments of high drama are rare. John McCain’s late-night thumbs-down sinking of last year’s Obamacare repeal was an outlier, not a precedent. Jeff Flake often appears ready to buck his Republican leadership, but hardly ever does so. Susan Collins, as the Boston Globe pointed out this summer, has voted with fellow-Republicans ninety-nine per cent of the time on judicial nominations. And she was always leaning toward doing so in the case of Kavanaugh. Party usually wins out.

.. That Ford had blown up her whole life to testify, only to have Republicans praise her as “credible” but disregard her story? For his part, Kavanaugh will take a seat on the Supreme Court forever shadowed by allegations that few will believe fully disproved, given an investigation so cursory that the F.B.I. interviewed just nine people and spent just a few days on the matter.

.. Kavanaugh himself will go down as the most openly partisan candidate to make it to the Supreme Court in modern times, having taken the unprecedented step of campaigning for his job on Fox News and in the Wall Street Journal, while blaming the allegations against him on Trump-hating Democrats out for revenge “on behalf of the Clintons.”

.. “I could have been Anita Hill,” she pointed out, “but I didn’t want to. I didn’t want it to ruin my life.” I wondered whether Quinn would think things were different this time, that the world had changed at all in the nearly thirty years since she had her own chance to decide whether to go public with her story of abuse at the hands of a powerful man. No way, she said. “Nothing has changed since Anita Hill, not a damn thing.”

.. Quinn said that she believed Ford had been telling the truth, but that it would not matter. “Bottom line,” she said, “civic duty or no, it’s just not worth it.”

Why senators claim to believe Ford — but still side with Kavanaugh

And finally there was Sen. John Cornyn (R-Tex.), who told reporters Thursday afternoon, “I found no reason to find [Ford] not credible.”

.. As the strength of the year-old Me Too movement is put to its most public and crucial test yet, Republicans have the political savvy to recognize that they must pay lip service to it, even as they actively campaign against its aims. You could view these concessions as politically motivated to the point of being meaningless. But according to social science research into the complex interaction between social behaviors and privately held views, even self-interested nods at #MeToo may indicate some progress for the movement.

Recent, highly publicized cases of sexual harassment and assault have rapidly created a new norm in which it’s toxic to dismiss alleged survivors. Kavanaugh’s allies are responding to that norm, even if they don’t fully agree with its principles. Over time — and with some serious caveats — norms can influence private views, suggesting that even conservative beliefs on sexual harassment are likely to be shaped at least in the long term by #MeToo.

.. There are many, many examples of norms shifting, sometimes quite abruptly, as institutions tip in one direction or social movements come to fruition: same-sex marriage becoming broadly acceptable after the 2015 Supreme Court decision

.. people are more likely to recycle after they learn — through an article or in conversation — that many of their peers are recyclers.

.. “If we understand that the wind is changing direction, we are likely to adjust our behavior — sometimes even when we don’t personally agree.”
.. There are plenty of signs that conservative beliefs on sexual abuse have barely shifted since the Clarence Thomas hearings of 1991, such as the apparent assumption among Republicans that Ford’s story would be just a “hiccup” that they could “plow right through.
.. Indeed, it may be like similar “evolutions” on racism, which find people eschewing the n-word in public while remaining as virulent as ever in private.
.. studied how people learn prejudices based on what’s socially acceptable within a certain group — and how they change their views once the group changes.
.. Crandall and his colleagues showed how white college freshmen, entering a new setting in which prejudice against black people was less socially acceptable than in their home towns, learned over the following year to question racist thoughts. “When norms change, or when people join groups that have different norms, there is conflict — with the outside world at first, and then a more internal struggle to fit in better,”
.. The often-jarring conflicts we’re seeing between the public behavior and apparent private beliefs of those who support Kavanaugh may represent this initial, college-freshman stage of adapting to a society with changed norms on sexual assault. As #MeToo continues to shape norms around believing survivors, more conservatives could come around as well — not merely when it comes to action but also in their attitudes.

.. Unfortunately, prejudices about gender appear to be especially intractable

.. In cross-cultural work examining prejudice, she has found less sexism in more-developed countries, suggesting that sexism diminishes along with development.

.. “People have women in their families, so changing stereotypic gender roles is more disruptive than for other biases,”

The rape allegation against Bill Clinton, explained

But it’s not just Lewinsky. Jones, a former Arkansas state employee, sued Clinton during his presidency for allegedly exposing himself to her when he was governor in 1991. Kathleen Willey claims that Clinton fondled her breast and forced her hand on his crotch in the Oval Office in 1993, when she was a White House volunteer.

Most seriously of all, Juanita Broaddrick claims that Clinton raped her during his 1978 campaign for Arkansas governor.

.. “As gross and cynical and hypocritical as the right’s ‘what about Bill Clinton’ stuff is, it’s also true that Democrats and the center left are overdue for a real reckoning with the allegations against him.”

.. And indeed, the Juanita Broaddrick case is the hardest one for admirers of Bill Clinton. Her allegation has never been definitively refuted. Only she and Bill Clinton know what the truth of the matter in the case is. But if one generally believes it’s important to believe the victim, it’s hard to argue that this case should be an exception.

.. Once she was at a hotel in Little Rock, she claims Clinton told her that he wasn’t going to the campaign headquarters and offered to meet her in her hotel lobby coffee shop instead. Once he arrived, she says he called her room and suggested that they have coffee there, since the lobby had too many reporters.

.. As she tells the story, they spent only a few minutes chatting by the window — Clinton pointed to an old jail he wanted to renovate if he became governor — before he began kissing her. She resisted his advances, she said, but soon he pulled her back onto the bed and forcibly had sex with her. She said she did not scream because everything happened so quickly. Her upper lip was bruised and swollen after the encounter because, she said, he had grabbed onto it with his mouth.

“The last thing he said to me was, ‘You better get some ice for that.’ And he put on his sunglasses and walked out the door,” she recalled.

..  Norma Rogers, who was director of nursing at Broaddrick’s nursing home at the time, told reporters that she entered the hotel room shortly after the assault allegedly took place, and “found Mrs. Broaddrick crying and in ‘a state of shock.’ Her upper lip was puffed out and blue, and appeared to have been hit.

..  Clinton called her nursing home a half-dozen times that year, getting through once and asking when she was going to be back in Little Roc

.. In 1984, she claims she got a letter from Clinton after her nursing home was recognized as one of the top facilities in the state, with a handwritten note saying, “I admire you very much.” She interpreted that as a thank you for her silence.

.. in 1991, she says she saw Clinton outside a meeting on nursing home standards in Little Rock, and that he said he wanted to apologize to her, and asked what he could do to make things right. She recalls saying “nothing,” and walking away.

.. About six months after her initial interviews in 1999, Broaddrick told the Drudge Report that mere weeks after the alleged assault, Hillary Clinton had tried to thank her for her silence on the matter at a political rally:

..  She caught me and took my hand and said ‘I am so happy to meet you. I want you to know that we appreciate everything you do for Bill.’ I started to turn away and she held onto my hand and reiterated her phrase — looking less friendly and repeated her statement — ‘Everything you do for Bill’. I said nothing. She wasn’t letting me get away until she made her point. She talked low, the smile faded on the second thank you. I just released her hand from mine and left the gathering.”

.. She only came forward after she was interviewed by Independent Counsel Kenneth Starr’s office and her allegation leaked.

.. NBC News reporter Lisa Myers pursued her for nearly a year before she agreed to an interview, and that she came forward because she wanted to rebut false rumors circulating after her statements to prosecutors (like that David Broaddrick had accepted hush money from the Clintons in exchange for silence).

..  Blumenthal argues, she “had no standing as a reliable witness.” That’s one interpretation. But it often takes a while for rape accusers to come forward, so Broaddrick’s initial unwillingness to relay the allegation is hardly airtight proof she’s lying.

.. This assertion, that a “true” rape victim would cut off all contact with their rapist, is rather misleading and pernicious, and maintaining contact with an alleged assailant is hardly proof that a victim is lying. “It is common for victims to maintain contact with their abusers because they may still feel affection for them even though they hate the abuse,”

.. “It is also common for some victims to maintain contact in an attempt to regain control over their assault. Others may maintain contact in an attempt to regain a feeling of normalcy.”

.. “Privately, Clinton’s lawyers have conceded that Clinton may have had consensual sex with Broaddrick but insist that he would have never forced himself upon an unwilling participant.”

.. she says she was traumatized and blamed herself for what happened. “I felt responsible. I don’t know if you know the mentality of women and men at that time. But me letting him come to my room? I accepted full blame.”

 

Rudy Giuliani Attacks Stormy Daniels But Disgraces Himself

“Excuse me, when you look at Stormy Daniels,” Rudolph Giuliani, .. before interrupting himself to make a face. And what a face: Giuliani’s expression was, perhaps, meant to be one of knowing revulsion at Daniels, but the lopsided chaos of his features conveyed a moral contortion all his own. He had been explaining that Melania Trump believed in her husband implicitly, and so should everyone else, because he was Trump

.. Giuliani added, “I know Donald Trump. Look at his three wives, right?” It wasn’t clear if, with that questioning note, he was looking for a confirmation of the exact number of Trump’s wives. “Beautiful women, classy women, women of great substance. Stormy Daniels?” He paused to make another face

..  “But I’m sorry, I don’t respect a porn star the way I respect a career woman, or a woman of substance, or a woman who has great respect for herself as a woman, and as a person. And isn’t going to sell her body for sexual exploitation. So, Stormy, you want to bring a case? Let me cross-examine you.”

.. It is more of an honest living than some New York real-estate developers make.

.. she has also made it clear that she knew that she was taking a risk by opening herself up to this kind of attack

..  (Clifford has said that one of the new expenses she has taken on, in addition to her legal fees, is for security.)

.. Giuliani jumped in, seemingly intent on playacting the role of a beat cop from a past century, who, in dealing with the woman who comes to tell him her story, looks at what she is wearing, smirks, and turns away—or, as Giuliani suggested in his “cross-examine” remark, the role of the lawyer who has no better tactic than to try to humiliate a witness, labelling her a loose woman.

.. That is a form of sexual exploitation far more corrosive than any film that Clifford has ever made.

.. Giuliani’s comments went beyond whether Clifford could be believed to whether she could even be hurt. “Explain to me how she could be damaged,” he said. “She has no reputation. If you’re going to sell your body for money, you just don’t have a reputation.” But Clifford does not say that Trump, against whom she has filed a defamation suit (in the Southern District of New York, Giuliani’s old territory), damaged her by calling her an adult-film star. She says that he damaged her by saying, on Twitter, that her account of being threatened not to talk about their sexual encounter was “a total con job”—and that she, by implication, was a total con woman

.. when NBC asked Giuliani whether he regretted his remarks, he said that he did not, dressing up his denial with a vague reference to feminism and daughters. He also said, “I don’t have to undermine her credibility. She’s done it by lying.”

.. Giuliani, perhaps more than any of Trump’s other lawyers, has made Cohen sound like Trump’s bag man, with slush-fund-management responsibilities.

.. he corruption case against Benjamin Netanyahu, Israel’s Prime Minister, was a “joke

.. Mueller’s team was trying to “frame” Trump.

.. while the President could be impeached, “in no case” could he be indicted or subpoenaed, not even “if he shot James Comey.” There is regular speculation about when Trump might fire Giuliani. But it may be that Giuliani is the President’s lawyer because he is the kind of lawyer Trump likes.

.. Giuliani’s remarks about Clifford are more than repugnant; they are revealing. They convey a political philosophy that he and the President share

.. those who are vulnerable are meant to be wounded, and have no right to ask for respect, let alone protection. It is a bully’s declaration of open season on the weak.

.. But Stephanie Clifford is not as defenseless as Giuliani or Trump might think. She has presented a credible and strikingly strong legal case. Maybe Giuliani should be listening to her.