Playing politics with complaint from past

Senator Dianne Feinstein’s treatment of a more than three-decade-old sexual assault allegation against Supreme Court nominee Brett Kavanaugh was unfair all around. It was unfair to Kavanaugh, unfair to his accuser and unfair to Feinstein’s colleagues on the Senate Judiciary Committee. Feinstein, a California Democrat, took the worst possible course by waiting until almost a week after Kavanaugh’s confirmation hearing to ominously announce that she had turned over “information from an individual” about Kavanaugh to the FBI, and adding that she would be honouring the woman’s “strongly requested” confidentiality. She has been around Washington long enough to know that her opaque statement guaranteed that the contents of the letter would be pursued and publicised in short order. And they were.

The relevance of a 53-year-old man’s alleged criminal act in high school to his fitness for the judiciary is a fair matter of debate. Yet a good case could be made that participation in a sexual assault, no matter how long ago, is a disqualifier for a seat on the highest court of the land. If the accuser is willing to testify under oath, Kavanaugh should be required to respond. But the Republicans are showing no inclination to allow such an airing. This is one more issue that appears certain to be left unresolved as the Senate Republicans continue their rush toward a confirmation vote.