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.
ARI FLESICHER (FOX NEWS CONTRIBUTOR): There’s a bigger ethical issue I want to get to here, too. And I want to say this with a lot of sensitivity because these are sensitive issues. But high school behavior — how much in society should any of us be held liable today when we lived a good life, an upstanding life by all accounts, and then something that maybe is an arguable issue took place in high school? Should that deny us chances later in life? Even for Supreme Court job, a presidency of the United States, or you name it. How accountable are we for high school actions, when this is clearly a disputable high school action? That’s a tough issue.
From “The Waking Up Podcast” Episode 139
When White House aides raised the issue with Judge Kavanaugh, he adamantly denied it and told them he did not even remember her.
.. They did what had never been done in a Supreme Court confirmation and put him on television to be interviewed, choosing Mr. Trump’s favorite network, Fox News.
Judge Kavanaugh, joined by his wife, seemed flat and mechanical as he retreated to the same talking points denying the allegations. Mr. Trump, who styles himself a master of television, thought his nominee came across as weak. Getting the clip of him denying the charges into the media spin cycle was important, but it was not enough.
.. The tide seemed to turn, oddly enough, when a third woman emerged with even more extreme allegations. Michael Avenatti, a brash and media savvy California lawyer who has been careening from one Trump administration brush fire to another, produced a statement from a woman alleging that Judge Kavanaugh in high school attended parties where women were gang raped. The woman, Julie Swetnick, said she was herself gang raped at one such party, though not by the judge.
Senator Charles E. Schumer of New York, the Democratic leader, rushed to the floor to insist that “Judge Kavanaugh should withdraw from consideration.”
Senator Susan Collins of Maine, a key swing Republican, was so troubled that she took a copy of Ms. Swetnick’s statement, highlighted and marked up, to a meeting of Republican committee chairmen. Senator John Cornyn of Texas went through it point by point with her to debunk it.
.. The Republican senators got into a lengthy conversation about Mr. Avenatti and how he could not be trusted and concluded that Ms. Swetnick’s claims did not add up. Why would she as a college student repeatedly go to high school parties where young women were gang raped? No one came forward to corroborate the allegation, and news reports surfaced about past lawsuits in which Ms. Swetnick’s truthfulness was questioned.
“This was a turning point,” said Senator Lindsey Graham, Republican of South Carolina. “That allegation was so over the top, it created a moment that was scary, quite frankly. But that moment was quickly replaced by disgust.”
The involvement of Mr. Avenatti, who represents Stephanie Clifford, the former porn star known as Stormy Daniels, particularly galvanized Republicans, reinforcing the idea that the allegations against Judge Kavanaugh were a political setup. One Republican congressional official called Mr. Avenatti’s involvement “manna from heaven.” From the other side, a Democratic congressional official called it “massively unhelpful.”
the notion that Mr. Avenatti tipped the scale was “wishful thinking” by Republicans who were bent on confirming Judge Kavanaugh at all costs.
.. credited Ms. Swetnick’s story with forcing Republicans to request an abbreviated F.B.I. investigation. “If it would have just been Dr. Ford,” he said, “I don’t think the investigation takes place.”
.. But Judge Kavanaugh’s angry outburst rallied Republicans. He went so far in expressing rage that he blamed the allegations on a plot to take “revenge on behalf of the Clintons” and he sharply challenged two of the Democratic senators about their own drinking.
During a break, Mr. McGahn told him he had to dial it back and strike a calmer tone. When he returned to the committee room, Judge Kavanaugh moderated his anger and apologized to one of the senators.
.. When Mr. Durbin asked Judge Kavanaugh to turn around and ask Mr. McGahn to request an F.B.I. investigation into the charges against him, Mr. Graham erupted in a ferocious, finger-wagging lecture. Other Republican senators began channeling their inner Trump and lashing out on Judge Kavanaugh’s behalf as well.
.. Ms. Collins said she would find it hard to vote yes without a sworn statement from Judge Kavanaugh’s friend Mark Judge denying that he saw what Dr. Blasey described.
.. Charles E. Grassley of Iowa, the Judiciary chairman, got a fresh statement from Mr. Judge within three hours to satisfy her.
.. the three joined other Republican senators in Mr. McConnell’s office to discuss what the F.B.I. investigation should look like. The three undecided Republicans settled on four people they wanted to hear from
Ms. Ramirez, Mr. Judge and two others identified by Dr. Blasey as being elsewhere in the house at the time she was allegedly assaulted.
.. That night Mr. Graham went to dinner at Cafe Berlin with Ms. Collins, Mr. Flake and Ms. Murkowski. They discussed whether a limited F.B.I. investigation might assuage them.
The list of four witnesses they selected, however, later struck Democrats as so constrained that they demanded a more expansive investigation. In the end, the F.B.I. interviewed 10 people, but not many others Democrats recommended.
.. Ms. Murkowski was struggling with what to do. She asked the committee staff to question Judge Kavanaugh’s friends about their understanding of terms from his yearbook like “boofing” and “Devil’s Triangle” to see if they matched his.
.. “The tactics that were used completely backfired,” said Mr. McConnell. “Harassing members at their homes, crowding the halls with people acting horribly, the effort to humiliate us really helped me unify my conference. So I want to thank these clowns for all the help they provided.”
.. Less helpful may have been Mr. Trump’s decision to mock Dr. Blasey during a rally in Mississippi
.. White House aides insisted that the president’s outburst fortified Republicans... Trump and other Republicans accused sex-crime victims protesting Kavanaugh as protesters paid by George Soros.. The GOP Senate whip, Sen. John Cornyn (R-Tex.), called the victims a “mob” and echoed the bogus claim that they were paid protesters. They deny victims’ very existence; they are non-persons — props sent by opponents to ruin a man’s life... Graham snorted that he’d hear what “the lady has to say” and then vote Kavanaugh in.Senate Majority Leader Mitch McConnell (R-Ky.) said he’d “plow right through” (more like plow over) Ford’s testimony and confirm Kavanaugh.
Republicans’ defense of Kavanaugh — that Ford and others were props of a left-wing plot and therefore lacked agency of their own — evidences the party’s attitude toward women.
.. You cannot say a party that embraces a deeply misogynistic president who bragged about sexually assaulting women and mocked and taunted a sex-crime victim; accepted a blatantly insufficient investigation of credible sex crimes against women in lieu of a serious one that the White House counsel knew would be disastrous; repeatedly insulted and dismissed sex-crime victims exercising their constitutional rights; has never put a single woman on the Judiciary Committee (and then blames its own female members for being too lazy); and whips up male resentment of female accusers is a party that respects women.
.. What’s worse is that Republicans who would never engage in this cruel and demeaning behavior themselves don’t bat an eye when their party’s leaders do so. Acceptance of Trump’s misogyny — like their rationalization of the president’s overt racism — becomes a necessity for loyal Republicans.
.. One either agrees or ignores or rationalizes such conduct, or one decide it’s a small price to pay (“it” being the humiliation of women) for tax cuts and judges. It’s just words, you know.
.. The Republican Party no longer bothers to conceal its loathing of immigrants, its contempt for a free press, its disdain for the rule of law or its views on women. Indeed, these things now define a party that survives by inflaming white male resentment. Without women to kick around, how would they get their judge on the court or their guys to the polls?
Ms. Collins did not derail him.
Instead, she took to the Senate floor Friday afternoon and delivered a reasoned, carefully researched, 45-minute point-by-point defense of her support for Judge Kavanaugh.
.. As for the accusations against him, she said, “In evaluating any given claim of misconduct, we will be ill-served in the long run if we abandon the presumption of innocence and fairness, tempting though it may be.”
.. “Protecting this right is important to me,” said Ms. Collins, who said a two-hour, face-to-face session with Judge Kavanaugh and an hourlong follow-up call, as well as an exhaustive review of his opinions, had persuaded her that he would not overturn Roe v. Wade. “His views on honoring precedent would preclude attempts to do by stealth that which one has committed not to do overtly.”
In addition to Roe, Ms. Collins said that a close look at Judge Kavanaugh’s decisions indicated that he would not overturn the Affordable Care Act and its protections for pre-existing conditions. Nor, she said, would he be afraid to be a check on the president.
“Judge Kavanaugh has been unequivocal in his belief that no president is above the law,” Ms. Collins said.
.. The one thing you wouldn’t do is destroy Judge Kavanaugh’s life for no good reason.
.. I doubt if I’ll ever hear anybody more courageous in my political life,” said Mr. Graham, adding that if Mr. McCain were present, “he would be your greatest cheerleader.”
.. Mitch McConnell, the Kentucky Republican and majority leader, who was eager to avoid an embarrassing defeat on the nomination, compared Ms. Collins to Margaret Chase Smith, the first female senator from Maine and a figure idolized by Ms. Collins.
.. Ms. Collins had been inclined to support Judge Kavanaugh throughout the process, saying early on — before the accusations of sexual misconduct surfaced — that he seemed highly qualified. Those who know Ms. Collins say she was also worried that if his nomination failed, the next person selected by President Trump could be more conservative and pose an evident danger to abortion rights.
.. said that she believed Dr. Blasey had been the victim of a traumatic attack. However, Ms. Collins said the accusations against the judge could not be corroborated.
.. “Fairness would dictate that the claims at least should meet a threshold of more likely than not as our standard,” she said. “The facts presented do not mean that Professor Ford was not sexually assaulted that night or some other time, but they do lead me to conclude that the allegations fail to meet the more likely than not standard. Therefore, I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court.”
.. Ms. Collins said she saw confirmation of Judge Kavanaugh as a way to help rebuild the image of the court.
“Despite the turbulent, bitter fight surrounding his nomination,” she said, “my fervent hope is that Brett Kavanaugh will work to lessen the divisions in the Supreme Court so that we have far fewer 5-to-4 decisions and so that public confidence in our judiciary and our highest court is restored.”
Rachael Denhollander, an evangelical Christian, was the first woman to speak out against former USA Gymnastics doctor Larry Nassar. In a tweet thread on Sunday, she said that part of the reason she waited so long to come forward was that she had watched friends and family members “eviscerate” victims who spoke out against much-loved candidates, pastors, teams or ministries.
“That showed me what they REALLY thought about abuse and what they REALLY thought about victims,” Denhollander wrote. “I knew it meant if faced with a choice between a survivor and their favorite ‘whatever,’ they’d attack the survivor.”
.. Amy Smith is an advocate for abuse survivors who runs Watch Keep, a blog that tracks reported incidents of sexual abuse in Christian communities. She called Graham’s comments “irresponsible and reckless” — and insensitive toward Blasey.
“The message he is conveying to anyone suffering from sexual abuse is clear: After a number of years, your pain is irrelevant and should be disregarded,” Smith told HuffPost.
.. She said Graham’s argument reflects a mentality she has commonly found among pastors ― that sexual assault is a sin to be handled quietly among the parties involved rather than a crime that should be reported to law enforcement. It’s no longer acceptable for people to wave off abuse allegations as irrelevant, she said, because the criminal nature of a sexual assault doesn’t change, no matter how much time has passed.
Christa Brown, a clergy sex abuse survivor who blogs about church cover-ups of abuse, said that Graham’s dismissive comments send a “dreadful” message to teenage boys and girls.
Sexual assault is not some ordinary “teenage” thing, Brown said. And it’s not appropriate for anyone to dismiss allegations of violent behavior.
I knew kids at various schools like Kavanaugh’s. They could be, to borrow a term from social science, dicks. I’m not saying he was. But even if he was, that doesn’t mean he was a rapist. Though, to listen to various liberals, you’d think stereotypes about sex, race, and class are always true so long as you’re talking about white preppy Christians.
Still, I will confess I have my own biases. I never took high school too seriously, so I had a certain amount of resentment towards those who did. The kids who constantly worried about their permanent record; the kids who did everything they could to please teachers or gussy-up their college applications; the kids who seemingly without much effort checked boxes as both jocks and academic grinds; the kids who were always worried about getting in trouble for fear of having to go to a state school: These were kids that I didn’t gravitate towards precisely because I couldn’t be one of them. But I will grant them this: They seemed really unlikely to organize rape gangs if for no other reason than that such things look really bad on your application to Yale.
.. Again, I don’t mean to be unfair to Brett Kavanaugh. I have no doubt that a regular churchgoing kid had other reasons not to do the logistical heavy-lifting of drugging and raping teenage girls on a regular basis. I’m just assuming the worst while still employing Occam’s Razor. And I just have a hard time believing that the Rapey McRapeFace who Avenatti and his fans describe is the real Brett Kavanaugh.
.. Here’s the thing: When Brett Kavanaugh admitted that he’d been a virgin in high school and the mob took it as corroboration that he was a rape-gang impresario, that’s when I knew we were looking at the madness of crowds and figured it was time for me to start cutting myself again.
In fairness, many were simply too excited to check that Kavanaugh was responding to a question specifically about being a part of a rape gang, and instead went to town on a false assumption, “well, actuallying” everyone about how being a virgin doesn’t mean he couldn’t have assaulted Ford. Others suggested that admitting he was a virgin was damning: