On the Kavanaugh Nomination

In short, Kavanaugh lost his cool.

Ford/Kavanaugh

(SAN FRANCISCO, Calif.) - My wife and I along with many Americans watched with fascination Dr. Christine Blasey Ford and Brett Kavanaugh testify before the members of the Senate Judiciary Committee.

Dr. Ford’s testimony was courageous, and entirely credible. Especially compelling was when she said that the strongest memory she has of the alleged sexual assault by Kavanaugh is of him and his friend laughing at her expense.

In contrast, Kavanaugh became angry, blustered, failed to answer some questions, and was at times disrespectful to some of the Committee members.

In short, Kavanaugh lost his cool. He certainly didn’t exhibit the judicial temperament one would expect from a 12-year judge on the D.C. Circuit Court of Appeals let alone a nominee for the U.S. Supreme Court.

Dr. Ford, Democrat members of the Committee, the American Bar Association, among many others, have asked for an FBI investigation on the sexual allegations against Kavanaugh.

After all, the FBI did investigate Anita Hill’s allegations of sexual abuse against Clarence Thomas. The requests for such an investigation were repeatedly denied by Committee Chairman Chuck Grassley (R-IA).

Why would Dr. Ford ask for an FBI investigation when being untruthful would have possible criminal consequences for her? Asking for an FBI investigation is not the likely act of an untruthful person. Kavanaugh has not asked for such an investigation and at the hearing would not commit to such an investigation.

On September 28, the Committee voted to send the Kavanaugh nomination to the Senate floor -- under one condition: Senator Jeff Flake (R-AZ) will only support it after a brief FBI investigation.

This may give other Republican senators (e.g., Senator Susan Collins (R-ME), Senator Lisa Mukowski (R-AK), and Senator Bob Corker (R-TN)) the chance to demand such an FBI investigation too before they vote.

Finally, Senate Majority Leader Mitch McConnell (R-KY) bowed to the inevitable and asked President Trump to order an FBI investigation. On September 28, Trump did order such an investigation to be completed within one week.