Get Ready for the Kavanaugh Myth

The Republicans are very good at myth-making. Brett Kavanaugh deployed one of their favorite myths during his own remarks before the Senate Judiciary Committee- that of "Borking" (the claim that Democrats were unfair and unprecedentedly "political" in their treatment of Judge Robert Bork when he was nominated to the Supreme Court by Ronald Reagan). From today forward we will have a new myth, of the "Political Hit on Kavanaugh." Because a few asinine liberal politicians and pundits leapt to conclusions about Kavanaugh and made intemperate remarks, for the rest of our natural lives (and beyond, if there is an afterlife) we are going to have to listen to self-righteous drivel about the "heinous tactics" of the Democrats. 

The fact is that the accusations against Brett Kavanaugh were as credible as those leveled against Al Franken, if not more so. In Franken's case the existence of a photograph corroborating Leeann Tweeden's accusations made the political ethics of his situation very clear: no amount of scrutiny could ever have restored Franken's credibility in a critical mass of the electorate, given the testimony of that image. But even accounting for the compelling force of circumstance, the behavior of the Democrats in Franken's situation (the call of Democratic leaders like Kirsten Gillibrand for Franken to step down, and Franken's ultimate acquiescence) was a model of probity when juxtaposed to the craven and unscrupulous manipulations of the Republicans during the Kavanaugh hearings. 

A very long list of offenses could be compiled: testimony was only heard from two witnesses, an open-ended FBI background investigation was not immediately ordered,  the process was in general rushed and perfunctory, etc. Perhaps the most damning fact is that, though Christine Blasey Ford did not have a photograph to substantiate her claims, her story did put an eye-witness at the scene (Mark Judge), and he was never asked to give public testimony. The fact that the Republicans are expecting the world to accept the cogency of their findings in light of that fact is mind-boggling. That they seem to be getting away with it from the perspective of a large segment of the electorate is horrific. 

None of this is to suggest that the Democrats behaved like angels during the Kavanaugh hearings. Here I do not refer to silly statements by pundits and lawmakers. For every Democrat that accused Kavanaugh's defenders of being "rape apologists" there was a Republican who described Dr. Ford as "pleasing" or who dismissed the alleged assault she described, even if true, as a youthful indiscretion that does not merit present concern. No party had a monopoly on foolishness during this circus.

But the blame for making the process a circus lies principally with the Republicans, however much they bloviate about a "political hit." The one area in which Democrats were culpable was in the timing of the revelation of Dr. Ford's allegations. Senator Diane Feinstein should have provided Ford's letter to the FBI as soon as it came into her possession, so that her testimony could inform the background check that preceded formal review hearings. While it is plausible that Feinstein did not do so out of a desire to respect Dr. Ford's request for anonymity, Republicans may be forgiven for suspecting that Democats held the letter back as a delaying tactic. 

Even if this delay was calculated and deliberate, however, it does not amount to a "political hit." All of the same issues would have arisen if Dr. Ford's allegations had become public in July or August. The behavior of the media would most likely have been identical, and the allegations of Deborah Ramirez and Julie Swetnick might well have emerged if Kavanaugh's nomination had gone forward. The one condition that would have been different under those circumstances was that a failure of Kavanaugh's nomination would have left the White House and GOP caucus with enough time to nominate and confirm a different justice before next month's midterm election. Indeed, under those circumstances it would not have been surprising if Kavanaugh had been forced to withdraw to make room for a new candidate even before testimony was heard, given the camera-shy behavior of GOP senators during Ford's testimony.

If Democrats are guilty, therefore, it is only of forcing the GOP's hand. By using the word "only" here I do not mean to deny or minimize the Democrats' transgression. By timing the revelation of Ford's allegations to achieve partisan goals, they eroded their credibility in the fight against sexual harassment and assault, and facilitated debasement of the urgency of the issue itself in our national discourse. They were willing to risk a miscarriage of justice in Ford's case in order to prevent the GOP from seating a justice on the Supreme Court before November 6 (that is the highest goal toward which they could have been aspiring, because even if Kavanaugh's nomination had failed yesterday there would have been ample time to confirm someone else before the end of the lame duck session), a maneuver that does not speak well of their commitment to women's rights and dignity.

But such a maneuver, however unsavory, does not amount to a "political hit." The vitriolic miasma surrounding Kavanaugh's review was produced by the GOP's resolve to confirm someone to the Supreme Court before the midterm election rather than incur the wrath of their base supporters. If they were truly convinced of Kavanaugh's fitness to serve and determined to prove that to the American people, the GOP caucus could have overseen a full and fair process to investigate Ford's allegations and those of Kavanaugh's other accusers long before the end of the lame duck session. What they have given us instead is a kind of "reverse witch hunt," an airing of just enough of the evidence to demonstrate that 1)Dr. Ford's story is credible; and 2)the Senate (at least its Republican members) and President do not care. If the Democrats transgressed by risking a miscarriage of justice, then the Republicans closed the circle by delivering one in spectacular fashion. 

As I wrote in my last post, Brett Kavanaugh's fitness to serve does not hinge on the truth or falsehood of Christine Blasey Ford's allegations. He disqualified himself as a justice by the rankly partisan remarks delivered to the Senate Judiciary Committee on Thursday, and in doing so helped lay the foundations for a myth that Republicans will deploy in the bitter partisan struggles ahead. The delaying tactics of the Democrats and the sheer callous indifference of the Republics have prevented a full and fair airing of Judge Kavanaugh's history. But Judge Kavanaugh himself vindicated all of Democrats' worst fears and suspicions when he delivered his angry screed about "revenge for the Clintons" and "millions of dollars" of "left wing" money. Americans will be obliged to accept Kavanaugh's presence on the Supreme Court if and when he is confirmed to that body today. They do not, however, have to accept the myth that Kavanaugh was the object of a "political hit," and Democrats should fight to prevent such a fable from getting traction.