KAVANAUGH AT THE TIP OF THE SMEAR

Kavanaugh at the Tip of the Smear

September 27, 2018 - FAMILY RESEARCH COUNCIL

Appearing before the U.S. Senate, Brett Kavanaugh was supposed to be a judge -- not a defendant. 

Now, after three of the worst weeks of his life, he and his family are finding out that the path to a Supreme Court appointment is a costly one. And while it may be the pinnacle of his profession, getting there exacts a price no American should have to pay.

In his opening statement Judge Kavanaugh said “the confirmation process has become a national disgrace.” Beyond the destruction and pain it’s caused his family, he lamented the impact that this vicious attempt to block his nomination would have on the entire nation.

“You sowed the wind. For decades to come, I fear that the whole country will reap the whirlwind.”

He concluded his lengthy remarks with “My family and I intend no ill will toward Dr. Ford or her family, but I swear today under oath before the Senate and the nation, before my family and God, I am innocent of this charge.”

It was difficult not to be moved by the earlier testimony of Dr. Ford, which was shaky at times and halted by tears. No one could deny just how emotional she seemed during her testimony. But most conservatives are not suggesting that she was never assaulted. There are just too many inconsistencies in the story -- and in the Democrats’ handling of it -- to suggest that Kavanaugh was the one responsible. 

As Senator John Cornyn (R-Texas) pointed out, today’s testimony only “repeat[ed] what we already knew, which is she believes something happened. She believes it was Brett Kavanaugh but everybody she claims was in the house denies having any knowledge of it. 

There is no corroboration.” He’s right. None of the boys at the party remember it happening. Even Dr. Ford’s friend, Leland Ingham, denies it. In the 36 years since that night, this is the first time anyone (apart from Dr. Ford’s therapist) has even heard of it.

That doesn’t mean Dr. Ford wasn’t attacked. Republicans just talked to a man this week “who believes he, not Judge Kavanaugh, had the encounter with Dr. Ford in 1982 that is the basis of [the] complaint.” And while Christine insists that with complete certainty that Kavanaugh was responsible, even cognitive scientists have learned that “people can be 100 percent certain of their memories… and 100 percent wrong.”

The crime of sexual abuse is real and life-altering, but it does beg the question: how far back and in how much detail do we look at any nominee? Because, as former Assistant United States Attorney Sidney Powell reminded everyone on last night’s “Washington Watch,” “there but for the grace of God goes one of us. I mean, who has not made a mistake at some point in their lives? … I don’t think we should judge people by erroneous acts in high school and college. That’s why we prosecute people as juveniles and seal the record. Their brains aren’t even fully formed.”

Obviously, no one is excusing this kind of behavior, but it’s a legitimate point. How far back do we go? Junior high? Elementary school? Daycare? At what point do we realize that people grow up, make mistakes, and move forward? As far as Brett Kavanaugh is concerned, there’s been nothing to suggest in his past confirmation hearings that he’s ever mistreated women. And that’s after six FBI background checks. As Sidney explains,

“They literally go back to the area in which you were born and canvass neighbors. I’ve been through FBI background checks when I was a federal prosecutors for 10 years… I mean, the neighbors in my home and elementary neighborhoods were asked about me and my character. So it’s absolutely astonishing that not a peep of any of this came up until right now.”

“On top of that, Dianne Feinstein has done a gross disservice to absolutely everybody involved, including her fellow citizens and Dr. Ford, by sitting on this until the last minute. Because if they really wanted an investigation and this were really about getting to the truth, they would’ve raised it from the get-go and had it investigated quietly before anyone’s name was dragged through the mud -- including Dr. Ford’s.”

As Andrew McCarthy points out, it isn’t the Senate’s job to solve crimes. It’s not to psychoanalyze witnesses. It’s to advise and consent on the president’s nomination. 

And if it were a trial, he pretends? The case is so weak, it would be “thrown out of court.”

What we do know without a shadow of a doubt is this: the Left must have the court in order to advance their agenda in America. Rep. Nancy Pelosi (D-Calif.) admitted it. 

They couldn’t get Congress or state legislatures to redefine marriage or impose abortion on demand. 

They had to go to the courts. 

They can’t get open borders in this country. They have to go to the courts. 

That’s what this entire smear campaign is about. This is not -- and never has been -- about Brett Kavanaugh. It’s about the shift that will begin to take place when a committed constitutionalist replaces Kennedy.

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Tony Perkins' Washington Update is written with the aid of FRC senior writers.