Justice Kavanaugh vehemently denied ever assaulting anyone, and he was confirmed and sworn in as a Supreme Court justice earlier this month. At Georgetown Prep’s annual reunion weekend, he was hailed as a conquering hero.
.. Tobin Finizio, a radiologist who was the quarterback on Justice Kavanaugh’s football team, was there. So were Bernard M. McCarthy Jr., now a managing director at a Washington real-estate company; Michael Bidwill, the president of the Arizona Cardinals; and Tim Gaudette, a consultant in Colorado. The three friends were among those drawn into the controversy after Christine Blasey Ford accused him of sexual assault at a 1982 house party at which there was heavy drinking.
.. Mark Judge — an author and filmmaker who, according to Dr. Blasey, witnessed the alleged assault — was a no-show. So was Christopher Garrett, otherwise known by his high school nickname “Squi.” Mr. Judge and Mr. Garrett were so closely associated with the young Justice Kavanaugh — appearing regularly in entries in his personal calendar in the summer of 1982 — that they became part of a “Saturday Night Live” skit about the Senate confirmation hearings.
.. At one point during the football game, Justice Kavanaugh prepared to pose for a picture with former classmates. First, though, he instructed everyone to put down their beers, according to a person who witnessed the exchange. (Justice Kavanaugh didn’t appear to be drinking.)
.. Justice Kavanaugh skipped the evening event — but his presence loomed large. Addressing the crowd, Georgetown Prep’s recently appointed president, the Rev. James R. Van Dyke, noted how the firestorm around the nomination had united the Class of 1983 and the entire school.
.. Again his voice was drowned out by a chorus of whooping and cheering, as the crowd screamed some of those names: “Squi!” “P.J.!” That would be Patrick J. Smyth, another classmate whom Dr. Blasey said was at the party where she was assaulted. Mr. Smyth was at the Pinstripes event.
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.
Weeks later, Dr. Blasey testified, she saw Mr. Judge working at a Safeway grocery store in Potomac, Md. In his memoir, Mr. Judge mentioned that he had worked for a few weeks at a supermarket in the summer before his senior year, helping people load groceries into their cars. He wrote that he often showed up at his early-morning shift hung over from the night before.
.. Some former classmates of the two men have said that aspects of Dr. Blasey’s recollections of Mr. Judge rang true.
The book describes a person named “Bart O’Kavanaugh” as having “puked in someone’s car the other night” and “passed out on his way back from a party.” A former classmate of Judge Kavanaugh’s said that the judge earned the nickname “Bart” after a Georgetown Prep teacher garbled his name.
.. Judge Kavanaugh about the “Bart O’Kavanaugh” passage. Mr. Kavanaugh said that the book was a “fictionalized” account and that only Mr. Judge could answer about his intention.
.. statement by Ms. Swetnick painted a similar portrait of the two young men as “attached to the hip” in high school and made allegations of parties where women were drugged and “gang raped.”
.. Under questioning Thursday, Judge Kavanaugh said that he and Mr. Judge became friends in ninth grade and that they shared the same group of friends. Mr. Judge was popular in school, Judge Kavanaugh said, and a talented writer.
Kavanaugh and our rotten ruling class... Despite Donald Trump’s populist posturing, there are few people more obsessed with Ivy League credentials. Kavanaugh’s nomination shows how sick the cultures that produce those credentials — and thus our ruling class — can be... According to The New Yorker, Judge confided in an ex-girlfriend, Elizabeth Rasor, about an incident where he and other boys took turns having sex with a drunken woman. (Judge denies this.).. From Georgetown Prep, Kavanaugh went to Yale. There he joined the fraternity Delta Kappa Epsilon, or DKE, which was, according to The Yale Daily News, “notorious for disrespecting women.” (Long after Kavanaugh graduated, the fraternity, once headed by George W. Bush, was banned from campus after video emerged of pledges chanting, “No Means Yes! Yes Means Anal!”).. Kavanaugh was also a member of an all-male secret society called Truth and Courage, which had an obscene nickname affirming its dedication to womanizing... It may not be fair to judge Kavanaugh by the company he kept. But it’s telling that these were the crucibles in which he and other members of our ostensible meritocracy forged their identities and connections... “Is it believable that she was alone with a wolfy group of guys who thought it was funny to sexually torment a girl like Debbie? Yeah, definitely. Is it believable that Kavanaugh was one of them? Yes.”
.. There’s no equivalent culture in which girls reap social capital for misbehaving. You rarely see women in politics or law who flaunt college reputations as party girls; the women who make it are expected to show steely self-control. In the rarefied social world that produces so many of our putative leaders, a young man who frequently gets blackout drunk, as Kavanaugh reportedly did, is a fun guy. A young woman who does so is a mess.
.. Kavanaugh went on to become a protégé of appeals court judge Alex Kozinski, for whom he clerked in the early 1990s. Last year, Kozinski resigned after multiple accusations of sexual harassment by former female clerks and junior staffers; two said he showed them porn in his office. The judge’s lewd behavior was, by many accounts, an open secret.
.. “All the clerks and former clerks in Kozinski’s ambit knew and understood that you assumed the risk and accepted the responsibilities of secrecy,”
.. both of whom had a reputation as gatekeepers for students who hoped to land coveted clerkships with Kavanaugh. Sources told The Guardian that Chua instructed female applicants to exude a “model-like” femininity, a claim Chua denies. One prospective clerk said Rubenfeld advised her, “You should know that Judge Kavanaugh hires women with a certain look.”
.. As they realize that, their incandescent fury is remaking our politics. We’ll know things have changed when palling around with sexual abusers carries more stigma than being abused does.
Years later, Hill said that testifying during Clarence Thomas’s Supreme Court confirmation hearing was “worse than being put on trial, because in a trial you’ve got legal protections.”
.. But in some ways, a criminal trial might be better than testifying before the Senate Judiciary Committee — at least for Ford.
.. At Thomas’s confirmation hearing 27 years ago, Republicans knew they were essentially going to turn the hearing into something like a trial, recalled Barbara A. Mikulski, the Maryland Democrat who at the time was in her first term as a U.S. senator. “And Professor Hill would be the one on trial,” she recalled recently.
.. Ford might be better off as a complainant in a criminal case than at the mercy of a Senate committee with a partisan chairman unlikely to rein in its members.
.. At a criminal trial, juries are drawn from the general population and winnowed through in an adversarial process. The prosecutor and defense attorney work to eliminate bias and select a group to take on the role of juror effectively.
It’s not unheard for jurists to come in with preconceived notions, though jurors are not supposed to deliberate until all the evidence has been presented. Publicly voicing a prejudgment, however — as several Republican senators have already done — would constitute grounds to dismiss a prospective juror.
And yet those biased senators, with their preconceived notions, will be free to participate in the hearing should Ford come to Capitol Hill to testify... The rules of evidence aren’t enforced at congressional hearings. But they would apply in a criminal case, benefiting both Kavanaugh and Ford, according to Aidala. Those rules preclude questioning on matters deemed inadmissible and those not relevant to deciding key issues... “For Ford, I don’t know how far afield the senators will go about talking about her sexual exploits in high school and college; but they wouldn’t be able to do that in a court of law,”
.. These protections, crafted for sex crime victims, limit admissible evidence about a victim’s past sexual behavior.
.. More importantly, perhaps, the case would be presided over by a neutral judge, who would control all aspects of the trial and maintain courtroom decorum. A judge would also prevent attorneys from badgering testifying individuals; though trials feature drawn-out cross-examinations, lawyers cannot repeatedly rehash the same topic... For Ford and Kavanaugh both, Aidala said, “the protection they have at a trial is that the lawyers aren’t playing to a constituency, or thinking about what video clip an opponent will replay during a reelection campaign... senators have different motivations and are playing to a different audience.
.. Criminal defense attorney Roy Black told The Post that the problem with the Senate is that lawmakers are prejudiced, one way or the other.
“They all make speeches and then say, ‘What do you think about that?’ ” he said. “They don’t want to ask questions, and their minds are already made up. It’s very ineffectual when you have a real witness.”
.. The Judiciary Committee’s role here is not to determine guilt or innocence but to advise the Senate on whether to confirm Kavanaugh. The committee is not bound by the criminal standard of proving guilt beyond a reasonable doubt, either.
.. If Kavanaugh was charged with attempted rape, there must be proof beyond a reasonable doubt that Kavanaugh tried to rape her, “and that the assault, which happened so many decades ago, went far enough across the line to constitute an attempt,” he said.
.. As a criminal defendant, shielded with the presumption of innocence, Kavanaugh would not be required to testify or put forth any evidence in his defense.
Still, Black said that he would probably call Kavanaugh to the stand.
“He makes a good witness. He’s smart, he’s presentable, he’s articulate, and he’ll categorically deny it, so I don’t see any downside,” Black said.
.. whether Judge wished to testify at a criminal trial would be irrelevant.
.. Ford claimed that Judge was in the room, making him the sole known eyewitness and, therefore, a material witness. The prosecutor bears the burden to prove her case beyond a reasonable doubt, and she would necessarily subpoena Judge, even if it required arresting him and hauling him in. Failing to call Judge to the stand would result in a jury instruction against the prosecution’s case.
.. Judge signed off at Georgetown Prep with a Sir Noel Coward quote in the school’s yearbook: “Certain women should be struck regularly, like gongs.”
.. He has described himself as having had a blackout drinking problem, and his 1997 memoir, “Wasted,” references high school “masturbation class,” “lusted after girls” at other Catholic schools and a “Bart O’Kavanaugh,” who passed out drunk and threw up in a car.
.. “I think Ford may well be telling the truth, but when you’re putting forward a proposition — in a criminal court, the Senate or an administrative hearing — there has to be some way of determining the truth,” he said. “You cannot punish someone on the testimony of one person, saying this happened 30 years ago, with no corroboration.”
But Kavanaugh grew frustrated when it came to questions that dug into his private life, particularly his drinking habits and his sexual proclivities, according to three people familiar with the preparations, who requested anonymity to discuss internal deliberations. He declined to answer some questions altogether, saying they were too personal
“I’m not going to answer that,” Kavanaugh said at one point according to a senior White House official, who said that the questions were designed to go over the line and that he struck the right tone.
.. “The Republicans need women voters, but all hell will break loose (or it will be chaos) if this nomination unravels,” Dan Eberhart, an Arizona-based GOP donor, wrote in an email. “If we can’t get the nomination done, why vote Republican?”
.. Kavanaugh was calling Republicans on the Judiciary Committee and other key allies, urging them to publicly support him
.. In one key call, Kavanaugh told Sen. Orrin G. Hatch (R-Utah) that Ford had the wrong guy in mind, saying he had not attended a party like the one she described to The Washington Post. He and his allies also privately discussed a defense that would raise doubts that the attacker was Kavanaugh, rather than try to dispute that an incident involving Ford had happened.
.. Yet McGahn was originally opposed to a public hearing — as were many within the orbit of Senate Majority Leader Mitch McConnell (R-Ky.) — but it became clear one would have to happen
.. Ford, through her attorneys, said she would be willing to testify publicly, and several potential pivotal votes, such as Sen. Susan Collins (R-Maine) and Sen. Jeff Flake (R-Ariz.), signaled that his confirmation could not move forward unless Ford was given a public airing.
.. McGahn has kept other key aides out of the process, afraid they would leak damaging material, relying on special counsel Annie Donaldson and spokesman Raj Shah. He has also talked on several occasions with McConnell, who is fond of McGahn.
.. His tweet on Friday morning in which he directly targeted Ford was not seen as helpful by White House aides, but Trump told senior officials that it was becoming a political issue that could affect the midterms. Republicans did not believe the woman’s claims, Trump added privately.
.. Republicans have also talked about enlisting female lawyers on the committee, who Grassley said would be “sensitive to the particulars of Dr. Ford’s allegations and are experienced investigators,” to the lead the questioning. They might also help the GOP avoid an optics problem of 11 men grilling a woman about her sexual assault allegation.
The hearing could end “without new conclusive evidence either way,” one senior Republican official said. “Members have to determine their threshold for credibility. And that will be the challenge.”
Senate Republican officials had repeatedly vented in private that it seemed, at least to them, Ford’s lawyers were doing more press than responding to their emails or requests for calls. Her attorneys would return that sentiment in kind, complaining in a late Friday letter to top Grassley aides that they would learn of the Republican hearing counteroffer “through the media” and got it officially through the committee “hours after those media accounts first appeared.” On Saturday they accused GOP senators of “bullying.”
.. Democrats are also plotting their own strategy for the hearing. Furious about Grassley’s decision to limit testimony to just Kavanaugh and Ford, Democratic aides planned to find other potential witnesses — such as a trauma expert — who could help bolster their case.
.. If they couldn’t be heard under oath, Democrats discussed holding news conferences where those other experts would speak, aides said. A top priority, according to Democratic officials, was ensuring Ford felt supported, whether it was having enough friends and family in the hearing room with her or finding people who can speak publicly about Ford’s character.
“We’re not accepting the premise that it’s going to be a he-said, she-said hearing,” one senior Senate Democratic aide said.
.. As for questions for Kavanaugh, Democrats planned to hold nothing back. Democratic staff have been researching the broader culture of the prep academy world in which Kavanaugh lived while reading the writings of Mark Judge
.. Judge, who has said he doesn’t want to testify, has written about how much alcohol he and his classmates consumed while in high school and details about other debaucherous behavior.
.. Democrats also planned to grill Kavanaugh on what he knew about a controversial Twitter thread from Ed Whelan
.. Ford’s July 30 letter outlining the allegations sent to Feinstein and Rep. Anna G. Eshoo (D-Calif.). Republican senators, initially cut off from accessing the unredacted version of the letter, prodded Feinstein repeatedly to hand over her copy so they could conduct their investigation.
.. “They want her to publicly testify . . . but the infamous letter is still not public. They won’t allow it to be.”
describes an ’80s private-school party scene in which heavy drinking and sexual encounters were standard fare.
.. Judge wrote about the pledge he and his friends at the all-male school on Rockville Pike in North Bethesda, Md., made to drink 100 kegs of beer before graduation. On their way to that goal, there was a “disastrous” party “at my house where the place was trashed,” Judge wrote in his book “God and Man at Georgetown Prep.” Kavanaugh listed himself in the class yearbook as treasurer of the “100 Kegs or Bust” club.
.. “I’ll be the first one to defend guys being guys,” Judge wrote in a 2015 article on the website Acculturated. He described a party culture of “drinking and smoking and hooking up.” During senior year, Judge said he and his pals hired a stripper and bought a keg for a bachelor party they threw to honor their school’s music teacher.
“I drank too much and did stupid things,” he said in his memoir.
“Most of the time everyone, including the girls, was drunk,” Judge wrote in “Wasted: Tales of a Gen X Drunk,” a memoir of his alcoholism and recovery. “If you could breathe and walk at the same time, you could hook up with someone.
.. Judge seemed to some friends to stay fixed in the experiences of his adolescence. Over time, his politics shifted from left to right, and his writing often focused on his view of masculinity (“the wonderful beauty of uncontrollable male passion”) and his concern that gay culture was corroding traditional values.
.. In one column for Acculturated, Judge wrote that it is “important that for some brief moments in his life — preferably when he is young — a man should be, at times, arrogant, a little reckless, and looking for kicks.”
.. Maryland state Sen. Richard S. Madaleno Jr. (D-Montgomery), one of Judge’s classmates at Georgetown Preparatory School
.. ‘Bully’ may be an overused term, but he regularly belittled people he perceived as being lower on the high school hierarchy.”
.. I just had an instinct and desire to get into trouble, and science and psychotherapy are useless to explain it. I just liked causing trouble.”
.. Judge has written about his Prep years as a time of drunken debauchery. Beach Week, a summertime excursion with classmates, was a nonstop roller coaster of drinking, sexual encounters with girls from other prep schools, blackouts and more drinking. “It was impossible to stop until I was completely annihilated,”
.. on Monday mornings during senior year, the boys would tell their Marriage and Sex teacher, Bernie Ward, about their excesses.
“The drinking was unbelievable,” said Ward, who later spent two decades as a radio talk-show host in San Francisco and served six years in federal prison for distributing child pornography. “It was part of the culture. A parent even bought the keg and threw one of the parties for the kids.”
.. The faculty at Prep, he said, had morphed from “tough guys” to “hippies and leftists.”
.. “Doctors have called it attention deficit disorder, psychiatrists have cited my behavior as a cry for attention from my distant, drinking father, but at the end of the day I simply had a problem with authority,” Judge wrote in “Wasted.” His behavior when he was drinking was, he wrote, “not dignified.”
.. Judge sent a vituperative email wishing him the same fate as Matthew Shepard, the gay college student who was beaten and left to die in Wyoming in 1998.
.. Judge has described living for years in the basement of his parents’ home in Potomac. Public records list his home at an address in Georgetown that turns out also to be the address of a UPS store.
.. Mark’s brother Michael to write in Washingtonian magazine about how the family “did come to fear one of its members. . . . Mark is a solipsist: spoiled as a child, always gazing inward, unable to recognize any pain but his own.”
.. Judge’s views about men and women seemed grounded in midcentury notions. In his high school yearbook, he cited a Noël Coward lyric, “Certain women should be struck regularly, like gongs.”
.. In 2003, a student named Eric Ruyak reported to school authorities that a Jesuit priest who was a teacher at Georgetown Prep had touched him inappropriately. Some Prep alumni, including Judge, rallied around the teacher
.. Numerous alumni told me that Judge was going around saying I was emotionally unstable and a sexual deviant,”
.. An investigation by Jesuit authorities later confirmed Ruyak’s account. Orr was placed on a leave of absence from his order. When another Prep student later alleged that Orr had sexually abused him, the priest was arrested. He pleaded guilty and was sentenced in 2011 to five years of probation.
“For years, I couldn’t shake Judge,” Ruyak said. “He would write about the case to advance his agenda about the school being a nest of liberalism and homosexuality. This guy did unbelievable damage to me when I was a kid.”