Judge Kavanaugh, I don’t know what happened in 1982. But I’m deeply troubled by what I perceive as your lack of integrity last week. You told the Senate Judiciary Committee under oath that your “have you boofed” yearbook question referred to farting, that “devil’s triangle” was a drinking game, that a “Renate alumnius” was simply a friend of Renate with no sexual insinuations, that the drinking age was 18.
Really? As James Comey tweeted: “small lies matter, even about yearbooks.” No one sensible is going to hold teenage drinking against you, but we are bothered when you mislead senators and the public today and deny what is obvious: As you put it in 1983, “we’re loud, obnoxious drunks.”
.. What can we call these but lies? And they come on top of deeply misleading testimony about your knowledge of stolen documents when you were in the Bush White House and your involvement in judicial nominations then.
.. 2. Do you have empathy for those who aren’t so blessed as yourself?
An air of entitlement hangs over both your testimony
.. Where the Supreme Court has made its worst mistakes, the problems have arisen often not from a lack of intelligence but from a failure of empathy.
- In Dred Scott and Plessy, justices did not appreciate what it meant to be black in America;
- in Korematsu, what it meant to be a Japanese-American facing internment;
- in Buck v. Bell, what it meant to be a marginalized woman;
- in Lochner, what it meant to be a laborer;
- in Bowers v. Hardwick, what it meant to be gay.
If you had been on the court, Judge Kavanaugh, in 1873 for Bradwell v. Illinois, which upheld the State of Illinois’s decision to deny a woman a license to practice law based on her gender, your opinion no doubt would have been well reasoned — but would it have been just?The American Bar Association’s Model Code of Judicial Conduct states, “A judge shall act at all times in a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Sneering at senators, even when feeling provoked, does not fit that code.
.. I’ve learned from my criminal justice reporting that witnesses err surprisingly often. You have earned a reputation as a first-rate conservative judge, and I thought it possible that there was some mistake and that you had been terribly wronged. But ultimately what perhaps damaged you most was not the unproven allegations of assaults decades ago, but your own lies and partisanship just last week.
.. President Trump has mocked Dr. Blasey, and Republican senators have released an explicit sexual statement to shame Julie Swetnick, another woman whom they have not bothered to listen to. So it appears that your side’s strategy is not to dispel the suspicion but rather to humiliate the accusers — violating them in a display of power and entitlement that is an echo of what they say took place so many years ago.
If that’s the path you choose, you should not sit on the Supreme Court.
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.
“An attack on our country.”
.. But a lawful raid on his attorney’s office and hotel room is what prompted the president to use those immensely weighted words. They’re a signal — make that a siren — of how cornered he feels, how monstrously large his belief in his own persecution has grown and what a perilous situation America is in.
.. Some unrelated swipe at perceived enemies or random assertion of potency by a man who cannot bear any image of impotence and is always ginning up distractions, as both a matter of strategy and a function of temperament?
.. He was telling us, yet again, not to trust our own government. And he was reminding us, in shocking fashion, about his readiness to sell (and buy) fictions if they serve his self-interest, which he reliably puts before all else.
.. Even though Cohen is the apparent focus of their interest, Trump, too, must feel hideously exposed. This is a man who refused, despite intense pressure, to release his tax returns
.. Now information that may be much more private, and much more damning, is in strangers’ hands.
.. Trump, during a meeting that was supposed to be about Syria, went on and on about the “disgrace” (he used that word seven times) of Mueller’s investigation
.. It was the full martyr complex and all the greatest hits in one meltdown. Mike Pence sat stone-faced on one side of him, John Bolton without much expression on the other. It’s hard to imagine either of them having the rapport with Trump to calm him down.
.. There is no Hope Hicks anymore, no Rob Porter, no Gary Cohn, no H. R. McMaster: The ranks of people who either gave Trump a sense of comfort and stability or sought to steer him away from his most destructive impulses have thinned. He’s more alone than ever. He must be more frightened, too.
But not half as scared as the rest of us should be.
Trump’s supporters and opponents alike are decent and patriotic. If only he lived up to their standard.
.. If his two former wives are speaking truthfully, he betrayed the classic pattern of the abuser: He roughs you up, is contrite, vows to change, roughs you up.
.. You can’t really blackmail Donald Trump on personal conduct because nothing said about him would surprise or shock. Mr. Porter, however, was blackmailable.
.. Why did they let him stay on? Maybe because they were desperate: He was a respected establishment pro who could do the job. The administration struggled to attract such people.
.. I would add the big secret everyone knows both here and abroad and that occasionally springs to the forefront of the mind: A fundamental is unsound. Compared with other countries we look good, but compared with ourselves we do not. Our ratio of total debt to gross domestic product has grown to more than 100% and can’t keep growing forever.