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?

Who Will Pay for the Mess of the Kavanaugh Confirmation? All the Women.

The lawmaker who is likely to lose the most in this mess is Senator Heidi Heitkamp of North Dakota, a red-state Democrat in a tough re-election race against Representative Kevin Cramer, who suggested that he’d vote for Justice Kavanaugh even if he had sexually assaulted Dr. Blasey.

.. Amy Chua, a professor at Yale Law School, became a target of social media scorn when The Guardian reported she told students that it was “not an accident” that Kavanaugh’s clerks “looked like models.” But that didn’t really spur a close look at Justice Kavanaugh’s hiring practices. Instead, Ms. Chua bore the brunt of the firestorm.

.. Ms. Chua and Lisa Blatt, a feminist attorney, have faced enormous pressure to denounce him, with reputational consequences that their male counterparts are unlikely to face.

.. A bigger man than Justice Kavanaugh would have apologized to Renate Schroeder Dolphin for turning her into a high school joke.

A more responsible Senate Judiciary Committee would have taken their claims seriously and demanded a thorough, fair investigation.

And all of us could direct the same energy and opprobrium that we level at moderate women at the men who prejudged the outcome of this process and proceeded accordingly.

Susan Collins, Standing Alone, Makes Her Case for Kavanaugh

Ms. Collins did not derail him.

Instead, she took to the Senate floor Friday afternoon and delivered a reasoned, carefully researched, 45-minute point-by-point defense of her support for Judge Kavanaugh.

.. As for the accusations against him, she said, “In evaluating any given claim of misconduct, we will be ill-served in the long run if we abandon the presumption of innocence and fairness, tempting though it may be.”

.. “Protecting this right is important to me,” said Ms. Collins, who said a two-hour, face-to-face session with Judge Kavanaugh and an hourlong follow-up call, as well as an exhaustive review of his opinions, had persuaded her that he would not overturn Roe v. Wade. “His views on honoring precedent would preclude attempts to do by stealth that which one has committed not to do overtly.”

In addition to Roe, Ms. Collins said that a close look at Judge Kavanaugh’s decisions indicated that he would not overturn the Affordable Care Act and its protections for pre-existing conditions. Nor, she said, would he be afraid to be a check on the president.

“Judge Kavanaugh has been unequivocal in his belief that no president is above the law,” Ms. Collins said.

.. The one thing you wouldn’t do is destroy Judge Kavanaugh’s life for no good reason.

.. I doubt if I’ll ever hear anybody more courageous in my political life,” said Mr. Graham, adding that if Mr. McCain were present, “he would be your greatest cheerleader.”

.. Mitch McConnell, the Kentucky Republican and majority leader, who was eager to avoid an embarrassing defeat on the nomination, compared Ms. Collins to Margaret Chase Smith, the first female senator from Maine and a figure idolized by Ms. Collins.

.. Ms. Collins had been inclined to support Judge Kavanaugh throughout the process, saying early on — before the accusations of sexual misconduct surfaced — that he seemed highly qualified. Those who know Ms. Collins say she was also worried that if his nomination failed, the next person selected by President Trump could be more conservative and pose an evident danger to abortion rights.

.. said that she believed Dr. Blasey had been the victim of a traumatic attack. However, Ms. Collins said the accusations against the judge could not be corroborated.

.. “Fairness would dictate that the claims at least should meet a threshold of more likely than not as our standard,” she said. “The facts presented do not mean that Professor Ford was not sexually assaulted that night or some other time, but they do lead me to conclude that the allegations fail to meet the more likely than not standard. Therefore, I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court.”

.. Ms. Collins said she saw confirmation of Judge Kavanaugh as a way to help rebuild the image of the court.

“Despite the turbulent, bitter fight surrounding his nomination,” she said, “my fervent hope is that Brett Kavanaugh will work to lessen the divisions in the Supreme Court so that we have far fewer 5-to-4 decisions and so that public confidence in our judiciary and our highest court is restored.”