Show How You Feel, Kavanaugh Was Told, and a Nomination Was Saved

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?

Ford runs circles around hapless Republicans, who now have a second scandal

Ford attorney Debra Katz repeatedly has stared down Republican Judiciary Committee Chairman Charles E. Grassley (R-Iowa), swatting away one artificial deadline after another. Grassley told her he needed an answer by Friday at 10 a.m. That got pushed to 10 p.m., and then to 2:30 p.m. on Saturday. Katz rightly called these deadlines arbitrary and more importantly knew she had leverage.

.. With Republican Sens. Susan Collins of Maine, Lisa Murkowski of Alaska and Jeff Flake of Arizona saying they wanted to hear from Ford before voting, Grassley couldn’t very well cut off discussion. He didn’t have the votes to confirm the nominee.

.. If Republicans were hoping to intimidate Ford it didn’t work. Rather it revealed that there is a slim chance, more than zero, that Republicans might not have the votes after this next week.

.. Republicans have made repeated, stupid mistakes that have not helped their position.

  • President Trump attacked Ford, asserting she would have gone to the police as a 15-year-old if the attempted rape was “that bad.” Collins pronounced herself “appalled.”
  • Senate Majority Leader Mitch McConnell (R-Ky.) repeatedly vowed he would confirm Kavanaugh. They’d “plow through” he declared, a remarkable confession that they’ll bulldoze Ford and vote to confirm no matter what.

The public can conclude Republicans have no problem sitting Kavanaugh even if Ford’s claim is true.

.. Nevertheless, it appears someone communicated her name to Whelan before it was made public.

.. The question now is whether anyone at the White House, Kavanaugh or at the Senate Judiciary Committee was involved in the harebrained scheme to accuse a classmate of Kavanaugh’s under the bonkers theory Ford got the identity of her attacker “confused.”

.. Well, someone told Whelan what was up, and any coordination with Kavanaugh (for example, via the right-wing PR outfit CRC, who hyped Whelan’s revelation), would be separate grounds for denying him confirmation and would also ensnare the judge in the host of civil and ethical problems Whelan created.

.. As if that weren’t enough, an employee of CRC on loan to the Senate Judiciary Committee, Garrett Ventry, resigned for falsifying his résumé and for alleged sexual harassment.

.. Even if they had tried, Republicans could have not done a better job demonstrating their bias, ineptitude, unseriousness, meanness, unfairness and general lack of empathy.

.. There are now at least two related scandals : 1.) Whether Kavanaugh attacked Ford and now is lying, and 2.) the identities of those involved in a reprehensible scheme to pin a crime on someone for which there is zero evidence of wrongdoing. Between Trump’s ridiculous assertion that a 15-year-old’s failure to report a sex crime (which launched the #WhyIDidntReport social media phenomenon) and the nutty mistaken identity plot (which seems to concede Ford was attacked)

.. Free advice: Cut their losses, get Kavanaugh to withdraw and promise a better nominee with no baggage later this year or next.

 

Evangelical Leaders Are Frustrated at G.O.P. Caution on Kavanaugh Allegation

Worried their chance to cement a conservative majority on the Supreme Court could slip away, a growing number of evangelical and anti-abortion leaders are expressing frustration that Senate Republicans and the White House are not protecting Judge Brett M. Kavanaugh more forcefully from a sexual assault allegation and warning that conservative voters may stay home in November if his nomination falls apart.

Several of these leaders, including ones with close ties to the White House and Senate Republicans, are urging Republicans to move forward with a confirmation vote imminently unless the woman who accused Judge Kavanaugh of sexual assault, Christine Blasey Ford, agrees to share her story with the Senate Judiciary Committee within the next few days.

The evangelical leaders’ pleas are, in part, an attempt to apply political pressure: Some of them are warning that religious conservatives may feel little motivation to vote in the midterm elections unless Senate Republicans move the nomination out of committee soon and do more to defend Judge Kavanaugh from what they say is a desperate Democratic ploy to prevent President Trump from filling future court vacancies.

One of the political costs of failing to confirm Brett Kavanaugh is likely the loss of the United States Senate,” said Ralph Reed, the founder of the Faith and Freedom Coalition who is in frequent contact with the White House.

“If Republicans were to fail to defend and confirm such an obviously and eminently qualified and decent nominee,” Mr. Reed added, “then it will be very difficult to motivate and energize faith-based and conservative voters in November.”

The evangelist Franklin Graham, one of Mr. Trump’s most unwavering defenders, told the Christian Broadcasting Network this week, “I hope the Senate is smarter than this, and they’re not going to let this stop the process from moving forward and confirming this man.”

Social conservatives are already envisioning a worst-case scenario related to Judge Kavanaugh, and they say it is not a remote one. Republican promises to shift the Supreme Court further to the right — which just a few days ago seemed like a fait accompli — have been one of the major reasons conservatives say they are willing to tolerate an otherwise dysfunctional Republican-controlled government. If Judge Kavanaugh’s nomination fails, and recent political history is any guide, voters will most likely point the finger not at Mr. Trump but at Republican lawmakers.

.. The reason the prospect of Judge Kavanaugh’s defeat is so alarming to conservatives is that they fear he could be the last shot at reshaping the nation’s highest court for years. If Republicans were to lose control of the Senate, where they hold a 51-to-49 majority, in November, Mr. Trump would find it difficult to get anyone confirmed before the end of the year. Even if Senate leaders were able to schedule hearings and hold a vote, there could be defections from Republican senators uneasy about using a lame duck session to ram through a lifetime appointment that would tip the court’s ideological balance.

.. Robert Jeffress, pastor of First Baptist Dallas and one of Mr. Trump’s most vocal evangelical supporters, said he did not know who was telling the truth, Judge Kavanaugh or Dr. Blasey. “But I can say with absolute certainty,” he added, “that the Democrats don’t care who is telling the truth. Their only interest is in delaying and derailing this confirmation.”

.. The importance of the Supreme Court to the Trump White House and the Republican Party is difficult to overstate. Mr. Trump has heralded Justice Neil M. Gorsuch and Judge Kavanaugh, his two Supreme Court nominees, as crowning achievements in an otherwise uneven presidency.

.. Conservative groups have spent tens of millions of dollars building the men up as legal luminaries, gentleman scholars and the fulfillment of Mr. Trump’s campaign promise to nominate judges who have “a record of applying the Constitution just as it was written,”

.. A relatively smooth, predictable confirmation fight has also been a key part of Republicans’ strategy to keep the Senate. In the 10 states that Mr. Trump won where Democratic senators are up for re-election, Republicans have attacked Democrats for either opposing the judge or remaining noncommittal.

.. some are also arguing that they cannot be indifferent and insensitive to a victim.

.. But many conservatives see little use in being deferential when, they argue, the Democrats play by no such rules. They look back at the failed confirmation of the Republican nominee Robert Bork in 1987, whose writings on civil rights were picked over by Democrats, and the 1991 hearings for Clarence Thomas, who faced testimony from Anita Hill that he had sexually harassed her, and they see a sophisticated and ruthless Democratic machine bent on discrediting their nominees.

.. “Republicans are right, as a moral matter as well as a political matter, to take allegations of misbehavior like this seriously,” said Frank Cannon, president of the American Principles Project and a veteran social conservative strategist. “At the same time, we’ve seen anything and everything thrown at Republican Supreme Court nominees for decades,” he added, noting that Republicans have been slow to understand that Democrats are “playing by different rules.”

.. Privately, some conservatives were thrilled that Dr. Blasey and her lawyer have resisted the opportunity to testify in the Senate on Monday and demanded instead that the F.B.I. first investigate her claims. That would be just enough, they said, to give Republicans the justification for moving forward without her. The Republican chairman of the Senate Judiciary Committee, Charles E. Grassley of Iowa, made clear on Wednesday that he would not postpone a hearing past Monday.

.. sets up a fight that Republicans could win in the Senate but might ultimately lose at the ballot box in November. The level of outrage could run so hot among Democrats, who would likely use every procedural and political tool at their disposal to delay confirmation, that it could provide even more fuel to an already energized liberal base.

.. “Given the confirmation theatrics, followed by this allegation that was held until the last moment, this could be seen as another partisan attack and could actually fuel conservative turnout,” said Tony Perkins, president of the Family Research Council.

.. Conservatives are likely to use protests and other forms of resistance to Judge Kavanaugh as a way to clarify for unmotivated Republican voters what Democratic control of the Senate means: a Trump-nominated Supreme Court justice would never be confirmed again.

“If Chuck Schumer is majority leader and Dianne Feinstein is chairman of the Judiciary Committee,” said Mr. Reed of the Faith and Freedom Coalition, “it will be open season on any Trump nominee to the federal bench at any level of the judiciary.”

Republicans push to confirm Kavanaugh amid fears it will come at a political cost

Already burdened by an unpopular president and an energized Democratic electorate, the male-dominated GOP is now facing a torrent of scrutiny about how it is handling Kavanaugh’s accuser and whether the party’s push to install him on the high court by next week could come at a steep political cost with women and the independent voters who are the keystone for congressional majorities.

.. Flake lashed out at the president’s eldest son, Donald Trump Jr., for appearing to mock the allegations against his father’s nominee on social media, an example of how many Republicans are straining to both firmly support Kavanaugh and not seem hostile to Christine Blasey Ford

.. As GOP senators implored Ford to appear before the committee, there was a range in the tone of statements about her, veering from the flippant — “I’ll listen to the lady, but we’re going to bring this to a close,” Sen. Lindsey O. Graham (R-S.C.) said this week — to the encouraging.

.. Charles E. Grassley (R-Iowa) continued Wednesday to take command of the Republican response to Ford, refusing to budge on his plans for the Monday hearing and dismissing the request from Ford’s lawyers for additional investigation by the FBI.

.. Republican campaign veterans said the GOP’s reliance on Grassley — a sharp-tongued, 85-year-old conservative who has been in Congress since 1975 — as its point person brings complications as voters begin to pay closer attention

.. Supreme Court nominations have become TV shows. And if your cast is mostly older, white Republican male senators, you’re going to have issues in that environment.”

.. rising concerns about how the Kavanaugh issue is beginning to overshadow the Republican campaign touting the GOP-authored tax law and economic progress

.. several top GOP lawmakers have told colleagues that they hope Ford declines to show up for the hearing even as they issue statements urging her to do so

.. Republicans are walking a tightrope in defending Kavanaugh without reinforcing the public perception that the party and president are unwilling to hold members of their party accountable for alleged sexual misconduct against women, including Trump and former U.S. Senate candidate Roy Moore