The F.B.I. Probe Ignored Testimonies from Former Classmates of Kavanaugh

During his first year at Yale, Appold lived in the basement of Lawrance Hall, one of the university’s freshman dormitories. He was in the same suite of bedrooms as Kavanaugh, sharing a common room. Appold said of Kavanaugh, “We didn’t hang out together, but there was no animosity between us either.” He said he believes that “there were two sides to Brett.” Those who have described the judge as studious and somewhat reserved or shy are correct, he said. He added, “That was true part of the time, but so are the other things that have been said about him. He drank a lot, and when he was drinking he could be aggressive, and belligerent. He wasn’t beating people up, but there was an edge and an obnoxiousness that I could see at the hearings. When I saw clips”—of Kavanaugh’s Senate testimony—“I remembered it immediately.”

.. Appold said that he learned about the alleged incident with Ramirez during thewinter of the 1983-84 school year. He recalled being told that, during a party in a first-floor common room in Lawrance Hall, Kavanaugh went over to Ramirez, who had been participating in a drinking game, “and opened his pants, and pulled out his penis, and tried to put it in her face.” But she waved him away. Appold recalled hearing that Ramirez said something like “It’s not a real penis.” He said that the remark made no sense to him at the time, and he understood it only after reading Ramirez’s allegation in The New Yorker and learning that people had been playing pranks with a fake plastic penis at the party.

In an interview with The New Yorker last month, Ramirez said, “I remember a penis being in front of my face,” and that “I knew that’s not what I wanted, even in that state of mind.” She recalled remarking, “That’s not a real penis,” and that other students were laughing at her confusion and taunting her; one encouraged her to “kiss it.”

Appold recalled being “shocked” when he was told of Kavanaugh’s alleged behavior. “The person who saw it was taken aback by what he had seen,” too, he said. Appold added, “It was a disturbing thing. I think everyone recognized that a line had been crossed here.”

Looking back, Appold said, “The thing I ask myself is, why didn’t anybody do anything about it? Why didn’t anybody report it?” But, he added, “The times were different then. Today I’m an educator, and if something like this happened, I’d know exactly where to go to the Title IX people. But back then there was no place to report these uncomfortable things—we tried to forget about them.” Kavanaugh has argued that, if he had behaved as Ramirez described, the whole campus would have talked about it, but Appold said that, to the contrary, “It was more, like, ‘Don’t talk about it.’ ”

.. After seeing Kavanaugh’s blanket denials of Ford and Ramirez’s allegations, and his assertions of his rectitude during his high-school and college years, Appold said, “I had concerns that there was a good chance he wasn’t telling the truth.” He was certain, he said, that “what he said about drinking was not accurate.”

.. Ramirez said that her main concern, after her F.B.I. interview, was that the agents who interviewed her might not be the same ones talking to people who could corroborate her account—she felt that continuity was important. But she had not anticipated that people she believed had relevant information wouldn’t even be interviewed. “Being told that these people haven’t even been contacted,” Ramirez said, “it’s very troubling to me.”

.. In addition to Appold, several other former Yale classmates said that they had reached out to the F.B.I. about Kavanaugh, but had not received a response. Stephen Kantrowitz, a former Yale classmate, said in a text message, “No one who lived in Lawrance Hall (so far as I know) has been contacted by the FBI What a charade.”

.. he described Kavanaugh as part of a clique of high-school athletes, most of whom were on the football team, who “routinely picked on” less physically fit or popular students. He said that he never witnessed Kavanaugh physically attacking another student, but he recalled him doing “nothing to stop the physical and verbal abuse.” Instead, he said, Kavanaugh “stood by and laughed at the victims.” Both Ford and Ramirez have said that they remembered Kavanaugh laughing during their ordeals. “It was so wrenching for me when I heard Dr. Ford mention how they were laughing,” the Georgetown Prep classmate said, in a phone interview. “That really, really struck a chord. I can hear him laughing when someone was picked on right now.”

.. In his statement, the classmate also said that he recalled, “on multiple occasions, Brett Kavanaugh counting on his fingers how many kegs they had over the weekend.” The amount that he heard Kavanaugh describe, he said in the statement, “seemed to be an extreme amount of beer drinking for someone to consume at any age, let alone someone in high school.” He said that he also recalled Kavanaugh participating in general conversations “where the football players were bragging about their sexual conquests over the prior weekend.”

.. His statement also challenges Kavanaugh’s assertion in last week’s hearing that he never denigrated a female student named Renate Schroeder

.. Kavanaugh and thirteen other Georgetown Prep boys described themselves in their high-school yearbook as “Renate Alumnius,” which other classmates have told the Times was a crude sexual boast. During his Senate hearing, Kavanaugh said that the reference was an endearment, saying, “She was a great friend of ours. We—a bunch of us went to dances with her. She hung out with us as a group.”

.. But the classmate who submitted the statement said that he heard Kavanaugh “talk about Renate many times,” and that “the impression I formed at the time from listening to these conversations where Brett Kavanaugh was present was that Renate was the girl that everyone passed around for sex.” The classmate said that “Brett Kavanaugh had made up a rhyme using the REE NATE pronunciation of Renate’s name” and sang it in the hallways on the way to class. He recalled the rhyme going, “REE NATE, REE NATE, if you want a date, can’t get one until late, and you wanna get laid, you can make it with REE NATE.” He said that while he might not be remembering the rhyme word for word, “the substance is 100 percent accurate.” He added, “I thought that this was sickening at the time I heard it, and it left an indelible mark in my memory.”

.. “I did nothing to deserve this. There is nothing affectionate or respectful in bragging about making sexual conquests that never happened. I am not a political person, but my reputation matters to me and to my family. I would not have signed the letter if I had known about the yearbook references and this affidavit. It is heartbreaking if these guys who acted like my friends in high school were saying these nasty, false things about me behind my back.”

.. Angela Walker, who was in Dolphin’s class at Stone Ridge, also submitted a declaration to the F.B.I. .. “It’s a terrible betrayal.” She noted, too, that the depiction of Dolphin reported in the classmate’s statement “is not the Renate that I knew—it’s not possible.” Walker’s declaration described attending a large house party with Georgetown Prep boys, where, she wrote, “A friend from Prep warned me not to go upstairs, where the bedrooms were, cautioning me that it could be dangerous.”

 

Kavanaugh is lying. His upbringing explains why.Kavanaugh is lying. His upbringing explains why.

The elite learn early that they’re special — and that they won’t face consequences.

Brett Kavanaugh is not telling the whole truth. When President George W. Bush nominated him to the U.S. Court of Appeals for the District of Columbia Circuit in 2006, he told senators that he’d had nothing to do with the war on terror’s detention policies; that was not true.
Kavanaugh also claimed under oath, that year and again this month, that he didn’t know that Democratic Party memos a GOP staffer showed him in 2003 were illegally obtained; his emails from that period reveal that these statements were probably false.

And it cannot be possible that the Supreme Court nominee was both a well-behaved virgin who never lost control as a young man, as he toldFox News and the Senate Judiciary Committee this past week, and an often-drunk member of the “Keg City Club” and a “Renate Alumnius ,” as he seems to have bragged to many people and written into his high school yearbook. Then there are the sexual misconduct allegations against him, which he denies.

.. How could a man who appears to value honor and the integrity of the legal system explain this apparent mendacity? How could a man brought up in some of our nation’s most storied institutions — Georgetown Prep, Yale College, Yale Law School — dissemble with such ease? The answer lies in the privilege such institutions instill in their members, a privilege that suggests the rules that govern American society are for the common man, not the exceptional one.

.. What makes these schools elite is that so few can attend. In the mythologies they construct, only those who are truly exceptional are admitted — precisely because they are not like everyone else. Yale President Peter Salovey, for instance, has welcomed freshmen by telling them that they are “the very best students.” To attend these schools is to be told constantly: You’re special, you’re a member of the elect, you have been chosen because of your outstanding qualities and accomplishments.

.. Schools often quite openly affirm the idea that, because you are better, you are not governed by the same dynamics as everyone else. They celebrate their astonishingly low acceptance rates and broadcast lists of notable alumni who have earned their places within the nation’s highest institutions, such as the Supreme Court. Iheard these messages constantly when I attended St. Paul’s, one of the most exclusive New England boarding schools, where boys and girls broke rules with impunity, knowing that the school would protect them from the police and that their families would help ensure only the most trivial of consequences.

.. children whose parents are in the top 1 percent of earners are 77 times more likely to attend an Ivy League school than are the children of poorer parents — meaning that, in cases like this, admission is less about talent and more about coming from the right family.
.. privilege casts inherited advantages as “exceptional” qualities that justify special treatment.
.. when the poor lie, they’re more likely to do so to help others, according to research by Derek D. Rucker, Adam D. Galinsky and David Dubois, whereas when the rich lie, they’re more likely to do it to help themselves.
.. elites’ sense of their own exceptionalism helps instill within them a tendency to be less compassionate.
.. Take drug use. While the poor are no more likely to use drugs (in fact, among young people, it’s the richer kids who are more likely to drink alcohol or smoke marijuana), they are far more likely to be imprisoned for it
.. Kavanaugh’s privilege runs deep, and it shows. He grew up in a wealthy Washington suburb where his father spent three decades as CEO of a trade association. There has been a sense among his supporters that his place is deserved, which mirrors the climate of aristocratic inheritance he grew up around. His peers from the party of personal responsibility have largely rallied around him, seeking to protect his privilege.
.. Ari Fleischer, put it: “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?”
American Conservative editor Rod Dreher wondered “why the loutish drunken behavior of a 17 year old high school boy has anything to tell us about the character of a 53 year old judge.”
.. This collective agreement that accountability doesn’t apply to Kavanaugh (and, by extension, anybody in a similar position who was a youthful delinquent) may help explain why he seems to believe he can lie with impunity — a trend he continued Thursday, when he informed senators that he hadn’t seen the testimony of his accuser, Christine Blasey Ford, even though a committee aide told the Wall Street Journal he’d been watching.
.. servant leadership and privilege are often bedfellows. Both suggest not a commonality with the ordinary American, but instead a standing above Everyman. Both justify locating power within a small elite because this elite is better equipped to lead.
.. Retired justice Anthony Kennedy, according to some reports, hand-picked Kavanaugh as his successor
.. both allow space for lying in service of the greater good. Privilege means that things like perjury aren’t wrong under one’s own private law.