Judge Kavanaugh, when it was his turn, was not laughing. He was yelling. He spent more than half an hour raging against Senate Democrats and the “Left” for “totally and permanently” destroying his name, his career, his family, his life. He called his confirmation process a “national disgrace.”
“You may defeat me in the final vote, but you will never get me to quit,” Judge Kavanaugh said, sounding like someone who suddenly doubted his confirmation to the Supreme Court — an outcome that seemed preordained only a couple of weeks ago.
Judge Kavanaugh’s defiant fury might be understandable coming from someone who believes himself innocent of the grotesque charges he’s facing. Yet it was also evidence of an unsettling temperament in a man trying to persuade the nation of his judicial demeanor.
.. As he put it in his testimony, “What goes around, comes around,” in the partisan vortex that has been intensifying in Washington for decades now. His open contempt for the Democrats on the committee also raised further questions about his own fair-mindedness, and it served as a reminder of his decades as a Republican warrior who would take no prisoners.
.. He gave coy answers when pressed about what was clearly a sexual innuendo in his high-school yearbook.
He insisted over and over that others Dr. Blasey named as attending the gathering had “said it didn’t happen,” when in fact at least two of them have said only that they don’t recall it — and one of them told a reporter that she believes Dr. Blasey.
.. Judge Kavanaugh clumsily dodged a number of times when senators asked him about his drinking habits. When Senator Amy Klobuchar gently pressed him about whether he’d ever blacked out from drinking, he at first wouldn’t reply directly. “I don’t know, have you?” he replied — a condescending and dismissive response to the legitimate exercise of a senator’s duty of advise and consent. (Later, after a break in the hearing, he apologized.)
.. Judge Kavanaugh gave categorical denials a number of times, including, at other points, that he’d ever blacked out from too much drinking. Given numerous reports now of his heavy drinking in college, such a blanket denial is hard to believe.
.. then there’s the fact that she gains nothing by coming forward. She is in hiding now with her family in the face of death threats.
.. cowardice of the committee’s 11 Republicans, all of them men, and none of them, apparently, capable of asking Dr. Blasey a single question.
.. Eventually, as Judge Kavanaugh testified, the Republican senators ventured out from behind their shield. Doubtless seeking to ape President’s Trump style and win his approval, they began competing with each other to make the most ferocious denunciation of their Democratic colleagues and the most heartfelt declaration of sympathy for Judge Kavanaugh, in a show of empathy far keener than they managed to muster for Dr. Blasey.
.. Pressed over and over by Democratic senators, Judge Kavanaugh never could come up with a clear answer for why he wouldn’t also want a fair, neutral F.B.I. investigation into the allegations against him — the kind of investigation the agency routinely performs, and that Dr. Blasey has called for. At one point, though, he acknowledged that it was common sense to put some questions to other potential witnesses besides him.
.. When Senator Patrick Leahy asked whether the judge was the inspiration for a hard-drinking character named Bart O’Kavanaugh in a memoir about teenage alcoholism by Mr. Judge, Judge Kavanaugh replied, “You’d have to ask him.”
Asking Mr. Judge would be a great idea. Unfortunately he’s hiding out in a Delaware beach town and Senate Republicans are refusing to subpoena him.
.. Why? Mr. Judge is the key witness in Dr. Blasey’s allegation. He has said he has no recollection of the party or of any assault. But he hasn’t faced live questioning to test his own memory and credibility. And Dr. Blasey is far from alone in describing Judge Kavanaugh and Mr. Judge as heavy drinkers; several of Judge Kavanaugh’s college classmates have said the same.
.. If the committee will not make a more serious effort, the only choice for senators seeking to protect the credibility of the Supreme Court will be to vote no.
Kavanaugh Hearings on TV Offer Riveting Drama to a Captive Nation
Later came a Judge Kavanaugh who bore little resemblance to the milquetoast man on Fox News three nights earlier. Indignant and defiant, nostrils flaring, the judge unleashed a torrent of pain and grievance, at times unable to speak as he cried in front of a national audience.
.. Not all C-Span callers were sympathetic to Dr. Blasey. “She talks like she was raped,” said Sherry, a Republican in California who said she was sexually attacked at 17. “I’m going, ‘Was she raped or not?’ I don’t understand why she’s crying now.”
.. On the networks, commentators spoke of the day in historic terms. “Fifty years from now, people are going to be playing that exchange,” the CNN legal analyst Jeffrey Toobin said, singling out Dr. Blasey’s pained recollection of the boys who, she said, laughed as she was assaulted.
.. “This was extremely emotional, extremely raw, extremely credible,” Chris Wallace, the “Fox News Sunday” host, said of Dr. Blasey’s testimonial. Before lunchtime, he was calling the hearing “a disaster for the Republicans,” and Andrew Napolitano, a Fox News commentator who speaks occasionally with Mr. Trump, said, “The president cannot be happy with this.”
By evening, though, after Judge Kavanaugh’s tear-choked appearance, Mr. Wallace said the judge had delivered “exactly what a lot of people were hoping for.”
A High-Stakes Hearing Raises Two Voices, One Quiet, One Loud
Judge Kavanaugh, accompanied by his wife, was as aggressive and aggrieved as Dr. Blasey was reticent. Reading a new statement, not shared in advance, he called the proceedings “a national disgrace.” He raged; he barked. His eyebrows arched, his features twisted, his plosives smacked against the microphone. He fought off tears, exhaling hard and taking steadying drinks of water.
Call this a generalization — it surely is — but the two statements could not be a clearer contrast in how men and women are socialized and pressured to speak in public. One gender is rewarded for being furious, the other for not being “shrill”; one for hot emotion, the other for warm. (The first time Judge Kavanaugh’s voice broke, he was describing his daughter saying that they should “pray for the woman,” Dr. Blasey.)
.. Republican senators — taking the reins back from Ms. Mitchell after she opened a line of questioning into their nominee — railed at the Democratic push against him. Senator Lindsey Graham, a Republican — who told cameras during the break that he felt “ambushed” by Dr. Blasey’s testimony — thundered that this was “the most unethical sham since I’ve been in politics.”
.. The Democrats — several of them potential presidential candidates in 2020 — pushed the judge on his willingness to accept an F.B.I. investigation (with some detours into the meaning of slang like “ralph” and “boofed” in his high school yearbook).
.. Chris Wallace, on the conservative redoubt Fox News, said that the news story had led two of his daughters to tell him “stories that I have never heard before about things that happened to them in high school.”
.. Mr. Kavanaugh’s future as a nominee depends on one avid TV watcher, President Trump, who was reportedly disappointed that Mr. Kavanaugh didn’t swing hard enough in his numb, repetitive interview on Fox News Monday.
Mr. Kavanaugh’s fury, however deeply felt, may well have been voiced for the benefit of the Cable News Watcher in Chief (moments after the hearing, cable news excitedly reported that the president had tweeted his support).
Opening statements from Kavanaugh and Ford reveal what a sham this hearing is
Three named women have now accused Brett M. Kavanaugh of committing serious sexual misconduct as a young man. At Thursday’s hearing before the Senate Judiciary Committee, we will hear the testimony of only one of those three women.
And we will not be hearing from Mark Judge, Kavanaugh’s high school friend, even though two of those women have also charged that Judge was an accomplice to Kavanaugh’s alleged misconduct.
This is because Republicans don’t want to hear from any of those additional people.
.. Reopening Kavanaugh’s FBI background check would provide lawmakers with a wealth of such independently gathered information, which would enable them to better assess what they hear from Kavanaugh and Ford. The American public would also be in a better position to assess that competing testimony. It is obvious on its face that this would be better for our “discourse” than what we are now seeing. Today’s proceedings appear almost deliberately constructed to ensure that half the country believes the outcome of this confirmation battle — whatever it is — is deeply unjust.
Barring a reopened FBI background check, Republicans could subpoena Kavanaugh’s high school friend Judge, who according to Ford participated in the alleged assault. Michael Avenatti’s client Julia Swetnick has now claimed she witnessed repeated efforts by Judge and Kavanaugh to inebriate women so that they could be gang-raped. Judge could testify to — and be cross-examined about — all of this.
.. a genuine, impartial fact-finding effort would buttress confidence that there is a workable process in place for clearing up such “character assassinations,” which might make “good people” more prone to public service, not less.
.. Blumenthal points out still another problem: Each senator will have only five minutes to question Kavanaugh.
“He has been well prepared to filibuster,” Blumenthal said of Kavanaugh. “Do we cut him off and appear disrespectful? Or do we in effect allow him to squander our time?”