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).

This Hearing Is Stacked Against Christine Blasey Ford

It is almost unthinkable that there will be a second Supreme Court justice taking his seat under suspicions of perjury and sexual misconduct.

There is a reason Thursday’s Senate Judiciary Committee hearing will be short and feature only two witnesses, the Supreme Court nominee Judge Brett Kavanaugh and his accuser Christine Blasey Ford. Republicans have designed the hearing to end in a “he said, she said” stalemate. No matter how credible Dr. Blasey is, isolating her as a lone accuser is the most effective political strategy for confirming Judge Kavanaugh.

His strategy will be simple: categorical denial.

.. Republicans will then be able to claim that fairness had been served because both witnesses were heard. But Americans, denied the testimony of other relevant witnesses who could support Dr. Blasey’s account and denied an F.B.I. investigation into other evidence, won’t be any closer to the truth.

.. This week four people who know Dr. Blasey, including her husband, signed affidavits and submitted them to the Judiciary Committee saying she told them about being sexually assaulted by Judge Kavanaugh before he was nominated by President Trump. Their statements provide important corroboration, and if the Senate was really interested in learning the truth, these people would be called to testify.

.. And then there is Mark Judge, whom Dr. Blasey said participated with Judge Kavanaugh in the high school assault on her and whom Ms. Swetnick said helped him lure girls into “side rooms” at parties to be “gang raped.” The Judiciary Committee has refused to subpoena Mr. Judge, who reportedly was hiding out at a beach house on the Delaware shore

.. Unschooled in the art of political communication, facing questions from not just skeptical senators but also an experienced sex crimes prosecutor retained by the committee’s Republican majority, she must hope that the power of her story, the facts of what happened so long ago, are strong enough to convince the Senate and the millions of Americans watching on television. And she will not have the final say.

Her testimony will be followed by Judge Kavanaugh’s denial. According to his prepared remarks, he will allow that he was not a complete angel in high school, but will absolutely deny that the encounter with Dr. Blasey ever took place. He will have the last word.

.. There were people willing to be called before the committee who would have testified under oath about Judge Thomas’s interest in pornography, information that also would have buttressed Ms. Hill’s testimony. But none were called.

Instead, Senator Joe Biden, the Democratic committee chairman, fearing political backlash, abruptly gaveled the hearings to an end. Anita Hill remained isolated as the lone accuser.

.. It was only in the wee morning hours that I learned that there was a second woman, Angela Wright, who had been ready to testify that Judge Thomas, in the office, had asked about the size of her breasts. Several senators told me years later, when I was reporting for a book, “Strange Justice,” that if Ms. Wright had been allowed to testify, Judge Thomas might not have been confirmed.

.. There were four other women who would have supported aspects of Ms. Hill’s testimony and four others who knew about Judge Thomas’s interest in pornography. At least Hill was permitted to call as witnesses friends in whom she had confided about the sexual harassment she endured. Dr. Blasey won’t have even that.

This Revolution, Too, Will Eat Its Children

Christine Blasey Ford’s credibility rests heavily on the fact that she vividly described details of the alleged assault, named witnesses, and told several people about them long before Kavanaugh’s nomination. It’s because she has been able to supply this level of corroboration that her claims deserve to be taken with the utmost seriousness, both by the media and the Senate.

But this is not nearly as true for Ramirez

.. Apply a presumption of guilt standard to the people you oppose, and a presumption of innocence standard to the people you favor. Hear something you like about someone you don’t — what used to be known as gossip — and repackage it as “news.”

.. Is it now fair game to draw moral inferences about a nominee because he went to an elite prep school, or was a member of a rowdy fraternity, or said something mean and dumb in his yearbook, or drank somewhat more than he would like to admit?

.. In an age in which our digital footprints are all-but unerasable, such an accounting will become increasingly easy to furnish, and hence to demand. There are advantages to this kind of radical transparency. But it’s hard to imagine who — except for the odd souls who are either morally stainless or utterly shameless — would want to be subjected to the ordeal.

.. To some, all this will be worth it if Kavanaugh is exposed as a sexual predator and stone-faced liar. That’s why today’s hearings are essential — and would have been helped by an F.B.I. investigation and sworn testimony from Mr. Judge. We need to get, as best as we can under imperfect circumstances, the truth of what happened between Kavanaugh and Blasey, two credible witnesses with stories to tell.

But this is not what the Kavanaugh nomination seems to be about anymore. To half the country, it’s about the future of a Supreme Court nominee, pure and simple. To the other half, it’s about that — as well as a paradigm shift in the culture, belated reparation for unequal treatment, and a battle in the service of a moral revolution.

.. it’s worth remembering that revolutions borne by high ideals have a habit of eating their children. If the price of this revolution is the subordination of ordinary fairness to abstract justice, the elevation of rumor over fact, the further debasement of journalism, the devaluation of the rights of the accused, and the complete toxification of public service, it will be a price too high.