“Debating the Trump Presidency” with
Public debate took place on October 12, 2018, at the University of Notre Dame.
And finally there was Sen. John Cornyn (R-Tex.), who told reporters Thursday afternoon, “I found no reason to find [Ford] not credible.”
.. As the strength of the year-old Me Too movement is put to its most public and crucial test yet, Republicans have the political savvy to recognize that they must pay lip service to it, even as they actively campaign against its aims. You could view these concessions as politically motivated to the point of being meaningless. But according to social science research into the complex interaction between social behaviors and privately held views, even self-interested nods at #MeToo may indicate some progress for the movement.
Recent, highly publicized cases of sexual harassment and assault have rapidly created a new norm in which it’s toxic to dismiss alleged survivors. Kavanaugh’s allies are responding to that norm, even if they don’t fully agree with its principles. Over time — and with some serious caveats — norms can influence private views, suggesting that even conservative beliefs on sexual harassment are likely to be shaped at least in the long term by #MeToo.
.. There are many, many examples of norms shifting, sometimes quite abruptly, as institutions tip in one direction or social movements come to fruition: same-sex marriage becoming broadly acceptable after the 2015 Supreme Court decision
.. people are more likely to recycle after they learn — through an article or in conversation — that many of their peers are recyclers... There are plenty of signs that conservative beliefs on sexual abuse have barely shifted since the Clarence Thomas hearings of 1991, such as the apparent assumption among Republicans that Ford’s story would be just a “hiccup” that they could “plow right through... Indeed, it may be like similar “evolutions” on racism, which find people eschewing the n-word in public while remaining as virulent as ever in private... studied how people learn prejudices based on what’s socially acceptable within a certain group — and how they change their views once the group changes... Crandall and his colleagues showed how white college freshmen, entering a new setting in which prejudice against black people was less socially acceptable than in their home towns, learned over the following year to question racist thoughts. “When norms change, or when people join groups that have different norms, there is conflict — with the outside world at first, and then a more internal struggle to fit in better,”.. The often-jarring conflicts we’re seeing between the public behavior and apparent private beliefs of those who support Kavanaugh may represent this initial, college-freshman stage of adapting to a society with changed norms on sexual assault. As #MeToo continues to shape norms around believing survivors, more conservatives could come around as well — not merely when it comes to action but also in their attitudes.
.. Unfortunately, prejudices about gender appear to be especially intractable
.. In cross-cultural work examining prejudice, she has found less sexism in more-developed countries, suggesting that sexism diminishes along with development.
.. “People have women in their families, so changing stereotypic gender roles is more disruptive than for other biases,”
Human history is in a time of great flux, of great cultural and spiritual change. The psyche doesn’t know what to do with so much information. I am told that if you take all of the information that human beings had up until 1900 and call that one unit, that unit now doubles every ten years. No wonder there’s so much anxiety, confusion, and mistaking fact for fiction and fiction for fact!
In light of today’s information overload, people are looking for a few clear certitudes by which to define themselves. We see various forms of fundamentalism in many religious leaders when it serves their cultural or political worldview. We surely see it at the lowest levels of religion—Christianity as well as Judaism, Islam, and secular fundamentalism, too—where God is used to justify violence, hatred, prejudice, and whatever is “my” way of doing things.
The fundamentalist mind likes answers and explanations so much that it remains willfully ignorant about how history arrived at those explanations or how self-serving they usually are. Satisfying untruth is more pleasing to us than unsatisfying truth, and Big Truth is invariably unsatisfying—at least to the small self.
Great spirituality, on the other hand, seeks a creative balance between opposites. As Jesuit William Johnston writes, “Faith is that breakthrough into that deep realm of the soul which accepts paradox with humility.”  When you go to one side or the other too much, you find yourself either overly righteous or overly skeptical and cynical. There must be a healthy middle, as we try to hold both the necessary light and darkness.
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.”