Disorder To the Court

Let me share a few thoughts about Brett Kavanaugh and his nomination to the Supreme Court.

Even before  Christine Blasey Ford, professor at Palo Alto University,  entered the picture with her accusation that Kavanaugh attempted to rape her back in high school,  I had a lot of be worried about and angry about regarding Brett Kavanaugh’s elevation to the Supreme Court.

The full bore press by Republicans to shove Kavanaugh through the confirmation press was cause for concern.  A full accounting of Kavanaugh’s written records was denied to the Senate. Similar vetting of a prospective Supreme Court justice has occurred with prior nominees but for Kavanaugh, suddenly it was “whatever we have should  be good enough”.  What’s with all the secrecy? What the hell is the big hurry? 

As you know the mid-term elections are coming up. There is a prospect of a so-called “blue wave” where Democrats take back the House of Representatives and possibly even the Senate. There is a good chance that the Republicans could lose leadership in one or both houses of Congress which means no more Republican rubber stamps on whatever Donald Trump wants.  If the Republicans want to push through a Supreme Court nominee acceptable to the hard right evangelicals (and Kavanaugh checks off a lot of boxes for that group), the time to act is now. There may not be a later. 

And another time pressure to consider is Robert Mueller and the Russian investigation.  Mueller’s playing his cards close to his chest but there is no telling when Mueller might take action that could directly implicate Trump in any wrongdoing.  Michael Cohen’s plea deal already makes Donald Trump an “unindicted co-conspirator” which Democrats have pushed as a reason to not even consider any Trump nomination to the Supreme Court. Republicans have not been swayed  by that argument but if Mueller hands down indictments, not necessarily against Donald Trump directly but closer to home such as against Donald Trump Jr, Jared  Kushner or others, this may create a legal mess that even the Republicans with their heads up Trump’s ass would be hard pressed to ignore.  Such a mess of legal trouble so close to Trump would be enough to skuttle his nomination of Kavanaugh or of anyone to anything.   

On top of the Republicans trying to force through Kavanaugh’s confirmation to the Supreme Court, I have concerns with the man himself.  

When he served with Ken Starr and the investigation into Bill Clinton, Brett Kavanaugh was of the mindset that a sitting President was not above the law and should be prosecuted for any violation of the law, no matter how small.  Later, while serving in the administration of George W. Bush, Kavanaugh changed his views that a sitting President cannot be sued. Brett Kavanaugh’s perspective seems to shift with party affiliation of whoever is the sitting President. Can we count on such a person deciding cases based on the letter of the law and not on his own political biases.   

So I’ve got problems with this guy and the Senate confirmation process before we even hear from Christine Blasey Ford.   

The details of her accusation against Kavanaugh are disquieting to say the least.  A young girl forced into a room with two older boys, the door locked, the music turned up so loud to drown out her screams. The two young men laughed as her clothes were torn and she was physically held down. She managed to escape their grasps into a bathroom and then out through a window into the night. 

It is a tableau of terror that Prof. Ford recounts, memories of a nightmare decades removed but still indelibly burned into her memory.  

Assuming it is true. 

Which I know is a harsh and cruel thing to say. Yes, Christine Blasey Ford has put herself on the line, laying herself out for scrutiny and abuse just by coming forward. Surely no one would do that unless their story is true. But our society is based on the rule of law and as such Brett Kavanaugh is due his say. 


But then again, a lot that has been due its say (such as a full accounting of Kavanaugh's time in the Bush administration) has not been heard in the scurrilous hurry to put this man on the Supreme Court.  

In the rush to push this man onto a lifetime appointment to the Supreme Court, I think it is important that this process slow down and make sure we have the facts.   And reach a fair and equitable determination of Brett Kavanaugh’s destiny. And if Prof. Ford is a credible witness to her pain, the Senate needs to put partisan gain aside and deny Brett Kavanaugh’s confirmation to the Supreme Court. 

The Senate needs to put partisan gain aside?

Well, there is a first time for everything.