Blog on the Run: Reloaded

Sunday, September 15, 2019 6:36 pm

Brett Kavanaugh, redux


A new New York Times story brings forward another account of Brett Kavanaugh’s sexual assaults, illustrates just how badly the GOP tried to prevent a through investigation of the allegations against him, adds evidence that Kavanaugh lied to Congress during his confirmation hearings, and illustrates just how pustulently corrupt the 21st century GOP has become.

New York Times reporters Robin Progrebin and Kate Kelly published a story in Saturday’s New York Times about Deborah Ramirez, a woman who alleges that when they were students at Yale in the winter of 1984, future Supreme Court nominee Brett Kavanaugh “pulled down his pants and thrust his penis at her, prompting her to swat it away and inadvertently touch it.”

The story points out that another woman, Christine Blasey Ford, accused Kavanaugh of more serious behavior, saying that Blasey Ford “claimed that he pinned her to a bed, groped her and tried to remove her clothes while covering her mouth.”

Blasey Ford’s accusation was more serious, the Times pointed out, but Ramirez’s allegation proved easier to corroborate:

During his (2018) Senate testimony, Mr. Kavanaugh said that if the incident Ms. Ramirez described had occurred, it would have been “the talk of campus.” Our reporting suggests that it was.

At least seven people, including Ms. Ramirez’s mother, heard about the Yale incident long before Mr. Kavanaugh was a federal judge. Two of those people were classmates who learned of it just days after the party occurred, suggesting that it was discussed among students at the time.

We also uncovered a previously unreported story about Mr. Kavanaugh in his freshman year that echoes Ms. Ramirez’s allegation. A classmate, Max Stier, saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student. Mr. Stier, who runs a nonprofit organization in Washington, notified senators and the F.B.I. about this account, but the F.B.I. did not investigate and Mr. Stier has declined to discuss it publicly. (We corroborated the story with two officials who have communicated with Mr. Stier.)

Kavanaugh denied these and other allegations at his truncated Senate confirmation hearing, and he was confirmed by the narrowest vote in more than a century. But this report reaffirms not only how the GOP greased the skids of Kavanaugh’s confirmation by preventing a full and through investigation, but also how likely it is that Kavanaugh committed perjury during that confirmation hearing:

Ms. Ramirez’s legal team gave the F.B.I. a list of at least 25 individuals who may have had corroborating evidence. But the bureau — in its supplemental background investigation — interviewed none of them, though we learned many of these potential witnesses tried in vain to reach the F.B.I. on their own.

Two F.B.I. agents interviewed Ms. Ramirez, telling her that they found her “credible.” But the Republican-controlled Senate had imposed strict limits on the investigation. “‘We have to wait to get authorization to do anything else,’” Bill Pittard, one of Ms. Ramirez’s lawyers, recalled the agents saying. “It was almost a little apologetic.”

Of course the Republicans didn’t want Kavanaugh thoroughly investigated, because here’s just a little of the damning information about him that I was able to assemble from public sources on Sept. 7, 2018:

Let us start with perjury, which has been exposed by some of the very documents from Kavanaugh’s time in the Bush 43 White House that the Trump Administration has been so reluctant to release. (Those records are public under the law, by the way.)

He has denied receiving documents stolen from the Senate Judiciary’s Democratic staff by a GOP staffer, Michael Miranda, in 2002, only to have those copies of those documents sent to him from Miranda show up in his White House email. Yet in 2004 and 2006, he denied under oath ever receiving those documents. Sen. Patrick Leahy, ranking Democratic member of the Senate Judiciary Committee, personally called him out on it.

Sen. Patrick Leahy

@SenatorLeahy

BREAKING: Kavanaugh testified he never received any docs that even “appeared to … have been drafted or prepared by Democratic staff.” Well, he got 8 pages of material taken VERBATIM from my files, obviously written by Dem staff, LABELED “not [for] distribution”.

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Kavanaugh also in 2006 denied knowing anything about President George W. Bush’s (then-illegal) warrantless domestic wiretapping program until The New York Times first reported publicly on the existence of the program in 2001. Yet among documents released this week was this email from Kavanaugh to all-around Bush Administration war criminal John Yoo on Sept. 17, 2001, discussing the program.

Also in 2006, Kavanaugh denied under oath having been involved in any White House discussions related to torture. But Sen. Dick Durbin, D-Ill., the same senator to whom Kavanaugh gave his 2006 denial, said Thursday that released documents indicate that Kavanaugh took part in such discussions at least three times.

During his own 2004 confirmation hearing, Kavanaugh denied under oath any involvement in the selection of William Pryor for the 11th U.S. Circuit Court of Appeals. Once again, the documents show otherwise: Kavanaugh helped pick Pryor and get him confirmed.

Similarly, in 2006 Kavanaugh denied under oath having been involved in the selection of Charles Pickering for a federal judgeship, only to have documents pop up more recently that say otherwise.

Kavanaugh also may have misled a lot of people about his recent $200,000 in what he said was credit-card debt. That debt disappeared pretty quickly before his nomination, and because he and his wife both work for the government and don’t make a ton of money by Washington standards, it’s not clear how that happened.

That’s not the only question about that debt, though. This Kavanaugh email seems to suggest that he was a gambler. Frankly, that sounds a lot more plausible than his original story, which is that he ran up that debt because friends had been slow to repay him for purchases of Washington Nationals season tickets on their behalf. Who fronts friends $200,000 on an annual salary of only about $174,000?

Finally, Kavanaugh’s lies about the stolen Democratic records might not just leave him exposed to perjury charges, he may face other charges as well, such as receiving stolen property. Leahy explains it in this Twitter thread.

Republicans’ responses to both the old and the new information have generally divided themselves into these categories:

Americans are tired of the mob justice based on 3rd &4th party witnesses coming out decades later, near an election. Just stop. Yeah, except for the part where Americans not tired of it in 2018 — indeed, they were so not tired of it in 2018 that they unseated 29 Republican congresscritters and seized another 14 open seats previously held by Republicans.

Are we really going to call exposure a crime now? Yeah, we are. Welcome to the 21st century. Hell, welcome to 1984, when it was also a crime.

Should we all be held accountable decades later for stupid behavior? Yes, we should! Because that’s how we stop the “stupid behavior” — the sexual assault, which isn’t just “stupid behavior,” it’s a goddamned crime.

And then there’s this: Kavanaugh was asking to be seated not just to any federal court, but to the highest court in the land. I don’t think it’s unreasonable to expect any candidate for a seat on the federal bench, and on the high court in particular, to have led a blameless life. Not “perfect,” because nobody is perfect. But blameless. There were plenty of other Republican candidates for that seat who have led demonstrably blameless lives. But it has been a particular characteristic of the Trump administration to appoint people to all sorts of federal jobs who have NOT led blameless lives — whether because Trump wants to be able to manipulate them or simply whether criminals love company, I don’t know. Nonetheless, it’s an obvious tend that needs to be called out.

#MeToo is hurting real sexual-assault victims more than it’s helping. Prove it. Read “She Said,” by Jodi Kantor and Megan Twohey. Read “Catch and Kill,” by Ronan Farrow. Educate yourself.

What about “innocent until proven guilty”? Oh, THROW me in that briar patch. Lying to Congress is a crime, whether you’re under oath (18 USC 1621) or not (18 USC 1001). So let’s do this. Let’s have a complete, full, thorough, FAIR investigation of the allegations against Brett Kavanaugh. Republicans didn’t allow that in 2018 because they knew damned well where it would lead: with Kavanaugh under indictment and likely a number of them charged as co-conspirators.

And one other thing: A Senate confirmation hearing is not criminal court. “Innocent until proven guilty” in this context, while not completely irrelevant, is not a bedrock standard. In such a hearing, U.S. senators are asked to decide — on the basis of what, more often than not, is an incomplete and perhaps even manipulated record — whether the president’s nominee is fit for office. They have to ask themselves, on the basis of incomplete information, “Based on what I know, do I believe that this individual will serve the long-term public interest?”

In point of fact, the overwhelming majority of presidential appointments subject to confirmation since 1789 have been confirmed, and the number of those appointments who were damaging, while not trivial, has been a remarkably small portion of the whole. But there is plenty of room in constitutional jurisprudence for senators who suspect malfeasance, or who simply just aren’t sure, to vote no.

Anyone who’s not comfortable passing judgment on Brett Kavanaugh for incidents that happened 35 years ago is welcome to pass judgment on Brett Kavanaugh for incidents that happened ONE year ago, when he, a grown-ass man and a candidate for the highest court in the land, lied under oath to Congress. Now, Congress could impeach him, or it could refer his case to the Justice Department for a criminal investigation because sitting SCOTUS justices, unlike sitting presidents, can be impeached. Given Attorney General William Barr’s absolute determination to treat DOJ like Donald Trump’s personal law firm, I honestly don’t know which is the best way to go. But the evidence in the public record suggests pretty strongly that Brett Kavanaugh is a perjuring sumbitch who belongs in prison.

Oh, and, hey? It suggests the same thing about Clarence Thomas. So let’s have full, fair, thorough investigations of both, while the witnesses are still alive.

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