I have a simple query for anyone who is unhappy with the Brett Kavanaugh confirmation process (meaning everyone who is paying attention to it). The catch is that the question is different depending on what you are most unhappy about.
IF you believe the process has been mostly unfair to Kavanaugh – imagine that Ford’s accusation is 100% true and that it happened exactly as she described it. What would you propose would have been the right course of action to get to the bottom of the allegation?
IF you the believe the process has been mostly unfair to Ford (and/or Ramirez and Swetnick as well) – imagine that Kavanaugh is completely innocent and none of these allegations are remotely true. What would you propose would have been the right course to handle false allegations?
I’d love to hear from my readers before I share my own response. Plus, I am still thinking about my own response! And hopefully the responses can set aside the politics of the situation. If it helps for either side, imagine that Kavanaugh’s judicial philosophy is more like that of Ruth Bader Ginsburg and see if that changes your thinking at all.
So glad this blog is back, Brian!
I need to answer question number two. I don’t think this process was fair to Dr. Ford or any of the accusers. For me, the answer is simple: a credible and thorough investigation. That investigation could be done in a number of ways, but the basic hallmarks ought to be as follows:
1. The FBI should be able able exercise its own judgement, independent of the White House or the Senate, as to how to carry out its investigation.
2. The FBI should work quickly, but there should be no time limit. When it’s done, it’s done. (This, btw, is the standard for all other background checks and supplemental background checks, which is why confirming cabinet members, for example, takes longer than one might expect).
3. The investigation should seek to unearth facts, not draw conclusions.
4. The FBI should interview all witnesses, especially Dr. Ford and Judge Kavanaugh. To leave them out strikes me as totally inadequate.
5. The investigation needs to be made public. Both Dr. Ford and Judge Kavanaugh pointed out last week that this should’ve been done in private. Unfortunately, that didn’t happen. But now that we’ve had an inadequate hearing, I don’t think a sealed investigation is going to help. In fact, sealing the investigation will only further fan the flames of misinformation and speculation. It’s fine to redact names, but if we’re going to have any faith in the investigation’s integrity, the public needs to see as much of it as possible.
For what it’s worth, I’d want the same thing if I was answering question number 1. Here’s why. If the accusation is false, then it’s a smear. That smear will persist no matter what, but the best way to blunt it is to bring facts to light. That’s important for Judge Kavanaugh’s reputation, but it’s even more important for the legitimacy of the U.S. Supreme Court. The court’s opinions are the law of the land. We can’t allow ourselves to get into a situation where it’s easy to discount the law because we think the judge is corrupt. Put it this way. I’m a liberal. Roberts, Gorsuch, Alito, etc. aren’t my cup of tea. But I don’t question their legitimacy. They’re on the court. And if my fellow liberals want to impeach them just because they want to change the balance of the court, then they’re going to face full-throated opposition from me. But if the Senate confirms Kavanaugh after a less-than-credible investigation and, let’s be honest, a kangaroo court of a hearing, he’ll be an asterisk justice forever. That doesn’t do anyone any good, whether they’re a conservative or a liberal.