This week’s Senate Judiciary Committee hearing questioning SCOTUS nominee Brett Kavanaugh and Christine Ford about her sexual assault accusations was a circus. Kavanaugh teared up repeatedly defending his name during his opening statement. His family, sitting behind him, was also emotional. Democratic members on the committee tore into him during their questioning. They bent over backwards to be supportive in their questioning of Ford. 

Did we get to the bottom of who was telling the truth and who wasn’t? Probably not. Both Kavanaugh and Ford came across as credible. Is it going to change how the Senate ultimately votes on Kavanaugh’s confirmation? Possibly. Republicans can only afford to lose one Republican vote. They may lose more as a result of this hearing.

As a former prosecutor, it disturbed me that Kavanaugh was essentially being tried for crimes without due process. If he’s accused of crimes, he is entitled to a trial in a court of law, with an attorney representing him and a jury deciding. Instead, his guilt is being decided by things like how credible Ford sounded. She didn’t even have any evidence to corroborate her story. Kavanaugh has had several people come forward and deny that they were at that party with Kavanaugh. Whatever happened to innocent until proven guilty? One of the senators said to Kavanaugh, “I’m concerned that we’ve smeared you so much that you can’t serve without a cloud hanging over you.” Well they did it to him. 

If this was a serious crime, then why wasn’t it reported to law enforcement ever over the last 36 years? Why was it instead reported to Congress and leaked to the media? 

Faulty Memory?

Ford couldn’t remember whether she gave her therapist’s notes to a Washington Post reporter or not. She spoke with the reporter seven weeks ago. It’s understandable if she cannot remember details from 36 years ago. But seven weeks? Her memory is clearly faulty, yet she expects people to believe her on some of her recollections – recollections while under the influence of alcohol.

She has said she doesn’t remember how she got home after the alleged incident. But she knows she didn’t drive herself home. No one has come forward to say they drove her home. Ford said a friend, Leland Keyser, was at the party. But Keyser said under oath that she never attended a party with Kavanaugh.

Democrats grilled Kavanaugh about his drinking and memories in his high school yearbook. Many thought this went too far, delving into mere high school antics 36 years ago. They asked him about farts and drinking games. They asked him why he wrote FFFFFF. But just because he drank alcohol doesn’t mean he committed sexual assault. They also repeatedly asked him if he supports an FBI investigation. Since Ford could not provide any corroborating evidence, the Democrats turned the focus to his drinking and an FBI investigation. 

So far, Democrats have established, beyond any doubt, that a 17 year old boy drank beer and had vulgar humor 35 years ago.

— Matt Walsh (@MattWalshBlog) September 27, 2018

Dems are questioning him like he’s still 17 and missed curfew. Seriously? #kavanaugh

— Kerry Picket (@KerryPicket) September 27, 2018

Sen. Mike Lee (R-Utah) asked Sen. Dianne Feinstein (D-Calif.) when she turned over the information from Ford to anyone. Feinstein admitted she sat on it for eight weeks, until she finally turned it over to the committee.

All of the Democrats on the committee called for Kavanaugh to withdraw the day before the hearing. Yet during the hearing they demanded an FBI investigation and more witnesses. They are trying to have it both ways.

‘Her Truth’

Sen. Corey Booker (D-NJ) referred to “her truth.” But there is only “the” truth. Booker also seemed a bit hypocritical. He once admitted that he groped a drunk girl when he was 15, even though she tried to push his hand away. Sen. Klobuchar (D-Minn.) grilled Kavanaugh about his actions, but she supports Keith Ellison (D-Minn.), the Democratic Congressman who is accused of assaulting a former girlfriend.

Sen. Blumenthal also sounded like a hypocrite questioning Kavanaugh’s credibility. He lied for years about serving in Vietnam.

Blumenthal lecturing Kavanaugh over credibility and truth is right up there with Ted Kennedy looking down his nose at Clarence Thomas about sexual harassment.

— Doug Powers (@ThePowersThatBe) September 27, 2018

Members of Congress can be frequently spotted on Capitol Hill getting drunk, so their accusatory tone toward Kavanaugh about drinking rang hollow. 

The actress Morgan Brittany tweeted that she believed Kavanaugh wasn’t acting.

I have never seen such raw emotion and credibility like I did with @JudgeKavanaugh. As an actress, I know when someone has been coached, ie Ford and someone who is genuine. #ConfirmKavanaughNow

— Morgan Brittany (@MorganBrittany4) September 27, 2018

Sen. Lindsey Graham (R-SC) was on fire, saying during an passionate tirade, “To my Republican colleagues: If you vote no, you are legitimizing the most despicable thing I’ve seen in my time in politics.”

Maricopa County sex crimes prosecutor Rachel Mitchell asked questions of both Kavanaugh and Ford. She questioned Ford instead of the committee’s Republicans, since Democrats would likely use video clips of “old, white men” putting poor Ford through the ringer. Mitchell said after the hearing  that she would never have tried to prosecute Kavanaugh based on the evidence.

Other Allegations

There are allegedly two men who have come forward to the Senate Judiciary Committee and admitted they were the ones guilty of the act against Ford. Other women have come out accusing Kavanaugh of improper sexual behavior. But one’s claims were so dubious The New York Times would not run a story on them. 

The whole dog and pony show united Republicans like never before. Senate Majority Leader Mitch McConnell (R-Ky.), Sen. Chuck Grassley (R-Iowa), Graham, Lee and Sen. Ben Sasse (R-Neb.) all came to an agreement in the effort to confirm Kavanaugh.  

https://twitter.com/LaurMcCue/status/1045431675138789376

The Senate Judiciary Committee voted to send the confirmation to a floor vote. However, Flake and Murkowski have said only if the FBI performs an investigation first over the next week. Democrats want to drag the confirmation process out until the midterm elections, in the hopes they retake the Senate so they’re able to defeat Kavanaugh. But the treatment of Kavanaugh disturbed normal Americans. They will take it out on the Democrats during the midterm elections.

 

Follow Rachel on Twitter at Rach_IC. Send news tips to rachel.alexander@stream.flywheelstaging.com.