An Open Letter to Senator Collins on Brett Kavanaugh

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Kavanaugh brandishes a worn “pocket” copy of the U.S. Constitution.  Are you reassured?

W.J. Astore

Brett Kavanaugh’s elevation to the Supreme Court is a done deal.  Critical to his elevation was the support given to him by Senator Susan Collins of Maine.  My wife and I watched her speech yesterday, during which she praised Judge Kavanaugh for his demeanor and judicial record, affirming that he will uphold Roe v. Wade since it is “settled” law.  Collins also affirmed that Kavanaugh’s accuser, Dr. Christine Blasey Ford, experienced some form of sexual assault, but not at the hands of Kavanaugh, as there was no corroborating evidence.  In short, even though Ford affirmed under oath that she was 100% certain that a 17-year-old Kavanaugh attacked her 36 years ago, Collins chose not to credit her account as truthful or accurate.

In response to Senator Collins’s speech in praise of Kavanaugh, I wrote the following short letter to her.  Let me say this: for the good of our country, I hope I’m wrong and Senator Collins is right.

Letter to Senator Collins

Dear Senator Collins: My wife and I respectfully ask you how a 15-year-old girl misidentifies her attacker when he’s on top of her and putting his hand over her mouth so she can’t scream.

As near as we can tell, Christine Blasey Ford had no reason to lie.  Her life has been turned upside down.  Judge Kavanaugh, however, had reasons to lie.  He has a lifetime job at the highest level of his profession that hinges on denying Dr. Ford’s allegations.

We also ask you whether you approve of Judge Kavanaugh’s belligerence, his lies before the Senate committee, and his hyper-partisan attacks on the Democrats — your colleagues, even if they are on the other side.

We think you will regret the “yes” vote for Judge Kavanaugh.  He is not the man you think he is.  And we almost guarantee he will vote to overturn Roe v. Wade.

The Case of Brett Kavanaugh

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W.J. Astore

President Trump’s latest nominee for the Supreme Court, Brett Kavanaugh, has been accused of sexual assault as a teenager.  Of course, I have no idea if Kavanaugh is guilty of this charge, and I doubt if such a charge could be proved beyond a reasonable doubt in a court of law.  Kavanaugh’s accuser (her name is Christine Blasey Ford) says he was “stumbling drunk” when he assaulted her; Kavanaugh denies the accusation.  Indeed, he claims he wasn’t even at the party when the alleged assault occurred.

Supporters of Kavanaugh are already dismissive of the accuser and disparage her motives for coming forward (consider this mocking and reprehensible post by Donald Trump Jr.).  Naturally, those who are opposed to Kavanaugh are motivated by their animosity against him to believe the accuser even before she’s testified.  So it goes in hyper-partisan America.

A hearing is scheduled for Monday, September 24th; both Kavanaugh and his accuser will testify.  I imagine both will seem credible.  And people watching will probably see what they already believe.

I’m opposed to Kavanaugh’s nomination, but I was opposed before this assault accusation was revealed.  My opposition is idiosyncratic.  To me, Kavanaugh comes across as a toady to men in power.  He praised Trump for the allegedly exhaustive process that led to his nomination.  He’s led a life of insularity and privilege, from expensive private prep schools to the Ivy League (Yale and Yale Law School) to the usual clerkships and appointments.  Strong political partisanship in favor of Republicans has characterized much of his career in the law.  From his Wiki biography:

As an attorney working for Ken Starr, Kavanaugh played a lead role in drafting the Starr Report, which urged the impeachment of President Bill Clinton. Kavanaugh led the investigation into the suicide of Clinton aide Vince Foster. After the 2000 U.S. presidential election (in which Kavanaugh worked for the George W. Bush campaign in the Florida recount), Kavanaugh joined the administration as White House Staff Secretary and was a central figure in its efforts to identify and confirm judicial nominees.

His hyper-partisanship and especially his toadying before Trump make him unsuitable as a Supreme Court justice.  Indeed, Trump seems to have selected him over other conservative candidates because Kavanaugh believes a sitting president can’t or shouldn’t be indicted, a stance that’s quite attractive to Trump, who prefers spineless yes-men.

We need Supreme Court justices who uphold the law without being deferential to the powerful.  We further need justices with more than a measure of compassion for the weak.  From all I’ve read and seen, Kavanaugh won’t be that kind of justice, so I’m opposed to his nomination.

Next Monday’s hearing, and Kavanaugh’s ultimate fate, will likely further divide America along political and gender lines.  Once again, sadly, the Trump administration has found fresh ways to divide rather than to unite us.

Update (9/19): The Monday hearing is in jeopardy as Kavanaugh’s accuser calls for an FBI investigation.  Meanwhile, Kavanaugh’s supporters have come up with a strategy to defuse the sexual assault charge, as reported in the New York Times today:

Mr. Trump’s advisers and Judge Kavanaugh’s allies appeared to be settling on a strategy of defending him by suggesting that this must be a case of mistaken identity. Under the emerging strategy, Judge Kavanaugh’s defenders would accept that Dr. Blasey was in fact assaulted but would insist that it must have been by someone other than Judge Kavanaugh because he denied it.

The approach reflects the shifting reality of the #MeToo movement when it has become politically perilous to directly attack the credibility of women who come forward to tell their stories. By suggesting that perhaps there was confusion after more than 30 years, White House allies said that they could offer wavering Republicans whose votes are critical for his confirmation another explanation for the he-said-she-said conflict without tearing down Dr. Blasey.

You might call this the “It wasn’t me” strategy.