With Brett Kavanaugh, as with Donald Trump, Conservatives Defend a Tainted Nominee

The implication was that the court of public opinion is trying not Brett Kavanaugh but the very idea of the All-American boy—good-natured, mischievous, but harmless. That Brett Kavanaugh was a decent kid who may have erred here and there but only did so in good fun, and that investigating the allegations levelled by Ford, Deborah Ramirez, and Julie Swetnick in earnest would amount to marching Tom Sawyer, Opie Taylor, and the Beaver single-file to the guillotine.

.. This was what moved Senators John Cornyn and Ben Sasse to seemingly genuine tears during Kavanaugh’s testimony. But it was Lindsey Graham who went apoplectic. “What you want to do is destroy this guy’s life, hold this seat open, and hope you win in 2020,” he shouted at Democrats during his turn for questions. “This is the most unethical sham since I’ve been in politics.”

“Boy, y’all want power,” he continued. “God, I hope you never get it.”

.. The Kavanaugh nomination is now, in part, a referendum on the #MeToomovement—on whether the goodness of successful men, with families and the respect of their peers, should be taken for granted, and whether the women who have suffered abuse, but who don’t possess the kind of evidence a prosecutor might find satisfying, should remain silent and invisible lest they sully sterling reputations.

.. Kavanaugh—by appearing in a prime-time TV interview, and in casting the accusations, incredibly, as a conspiracy against him orchestrated by allies of the Clintons—has shown himself to be exactly the political operative he was when he was working under Ken Starr and as a hired gun for the Bush Administration.

.. He is, backed into a corner and stripped of his robes, the quintessential Fox News man—both gladiator and perpetual victim, another “white male,” as Graham called himself on Friday, told to shut up and go away by feminists and a vindictive left.

.. Belligerent, wounded, proud, timorous, and entitled—a man given to gaslighting and dissembling under pressure.

..  Should he be confirmed, he will have the power to color rulings from the highest court in the land with the biases and emotionality he has revealed this past week until, if he so chooses, he drops dead.

.. Conspiracy theories about Kavanaugh’s accusers—that Ramirez was an agent of George Soros, for instance, or that Kavanaugh’s mother, a district-court judge, had ruled against Ford’s parents in a foreclosure case—were offered not only by the likes of the Daily Caller and Trumpists at the site Big League Politics this week but also by the NeverTrumper Erick Erickson, who has called Ford a “partisan hack,” and a reporter for National Review.

.. It was Ed Whelan—who heads something called the Ethics and Public Policy Center and is a man Washington conservatives consider “a sober-minded straight shooter,” according to Politico—who potentially defamed a Georgetown Prep alumnus with unfounded speculation about a Kavanaugh “doppelgänger,” a theory that could have originated on the right-wing message boards that birthed Pizzagate and are now fuelling QAnon.

.. The kind of discrediting rhetoric that was deployed by supporters of Trump and Roy Moore in the wake of allegations against them—that the charges had come after too many years, that the women bear blame or should be regarded skeptically for being in situations in which abuse might take place—was let loose by respected figures like the National Review editor, Rich Lowry. “Why,” he asked, of Swetnick, on Wednesday, “would she constantly attend parties where she believed girls were being gang-raped?”

.. And the Times’Bari Weiss and the former Bush Administration press secretary Ari Fleischer, both on the center-right, were among those who suggested that Kavanaugh should be advanced even if the allegations levelled by Ford are true.

.. It is often argued by this crowd that broad criticisms of the right risk pushing sensible conservatives toward Trumpism. But the events of the past two weeks have made plain just how illusory and superficial the differences between the respectable establishment and the Trumpists really are.

.. it cannot be said now, as it was in November, 2016, that the man in question is the best or only option for those committed to conservative policy objectives. Backing Brett Kavanaugh is a choice conservatives have made over viable alternatives—qualified conservative candidates who could be spirited through the nomination process before November’s elections or in the lame-duck session by a Republican Senate that has already proved itself capable of sidestepping the required procedural hurdles.

They have chosen this course because the Kavanaugh nomination has presented the movement with a golden opportunity to accomplish two things more valuable, evidently, than merely placing another conservative on the court: standing against the new culture of accountability for sexual abuse and, at least as important, thumbing their noses at an angry and despairing Democratic Party.

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?