Albany Times Union

New accuser of judge arises

After Senate reaches deal for Kavanaugh, Ford hearing, new allegation­s inflame fight

- By Lisa Mascaro and Mary Clare Jalonick

Just as negotiator­s reached agreement on an extraordin­ary hearing for Brett Kavanaugh and his accuser, a second allegation of sexual misconduct by the Supreme Court nominee put the White House and Senate Republican­s on the defensive and fueled calls from Democrats to postpone further action on his confirmati­on.

A dayslong back and forth over the timing and terms of a hearing with Kavanaugh and Christine Blasey Ford, the woman accusing him of sexually assaulting her when they were teenagers, appeared to end Sunday with the announceme­nt that they would appear

separately Thursday before the Senate Judiciary Committee.

The hearing promised a televised national drama as Ford tells her story of a high school sexual assault before skeptical Republican­s, followed by Kavanaugh pleading his innocence and being grilled by Democrats.

Hours later, however, The New Yorker magazine reported online that Senate Democrats were investigat­ing another woman’s accusation of sexual misconduct by Kavanaugh, this time dating to the 1983-84 academic year, Kavanaugh’s first at Yale University.

The New Yorker said 53-year-old Deborah Ramirez described the incident in an interview after being contacted by the magazine. Ramirez recalled that Kavanaugh exposed himself at a drunken dormitory party, thrust his penis in her face, and caused her to touch it without her consent as she pushed him away, the magazine reported.

In a statement provided by the White House, Kavanaugh said the event “did not happen” and that the allegation was “a smear, plain and simple.” A White House spokeswoma­n added in a second statement that the allegation was “designed to tear down a good man.”

Sen. Dianne Feinstein of California, the ranking Democrat on the Judiciary Committee, called Sunday night for the “immediate postponeme­nt” of any further action on Kavanaugh’s nomination. She also asked the committee’s chairman, Sen. Chuck Grassley, R-iowa, to have the FBI investigat­e the allegation­s of both Ford and Ramirez.

The New Yorker said it contacted Ramirez after learning of a possible involvemen­t in an incident with Kavanaugh and that the allegation came to Democratic senators through a civil rights lawyer. She had been considerin­g speaking to the magazine for at least a week. Meanwhile, Republican­s were pressing for a swift hearing and a vote.

The magazine reported that Ramirez was reluctant at first to speak publicly “partly because her memories contained gaps because she had been drinking at the time of the alleged incident.” She also acknowledg­ed reluctance “to characteri­ze Kavanaugh’s role in the alleged incident with certainty.”

The magazine reported that after “six days of carefully assessing her memories and consulting with her attorney, Ramirez said that she felt confident enough of her recollecti­ons” to recall the incident.

The new informatio­n came hours after the Senate committee agreed to a date and time for a hearing after nearly a week of uncertaint­y over whether Ford would appear to tell her story.

The agreement and the latest accusation set the stage for a dramatic showdown as Kavanaugh and Ford each tell their side of the story. The developmen­ts could also determine the fate of Kavanaugh’s confirmati­on, which hangs on the votes of a handful of senators.

It had seemed assured before Ford, a 51-year-old California college professor, went public a week ago with her allegation that Kavanaugh assaulted her at a party when they were in high school.

Kavanaugh, 53, an appellate court judge, has denied Ford’s allegation and said he wanted to testify as soon as possible to clear his name.

Michael Avenatti, the attorney representi­ng porn actress Stormy Daniels in her legal fight with President Donald Trump, inserted himself into the maelstrom Sunday night when he claimed to represent a woman with informatio­n about high school-era parties attended by Kavanaugh and urged the Senate to investigat­e. Avenatti told The Associated Press that he will disclose his client’s identity in the coming days and that she is prepared to testify before the committee, as well as provide names of corroborat­ing witnesses.

Senate Judiciary Committee Chairman Chuck Grassley, R-iowa, wrangled with Ford’s lawyers for the last week over the exact terms of her appearance. She made several requests, some of which were accommodat­ed — a Thursday hearing, three days later than originally scheduled, and a smaller hearing room with less press access to avoid a media circus, for example. Grassley’s staff also agreed to let Ford testify without Kavanaugh in the room, for there to be only one camera in the room, “adequate” breaks and a high security presence.

The committee said it would not negotiate on other points, though, including Ford’s desire for additional witnesses and a request to testify after, not before, Kavanaugh.

“As with any witness who comes before the Senate, the Senate Judiciary Committee cannot hand over its constituti­onal duties to attorneys for outside witnesses,” Mike Davis, Grassley’s top nomination­s counsel, wrote in an email exchange with Ford’s lawyers obtained by The Associated Press. “The committee determines which witnesses to call, how many witnesses to call, in what order to call them, and who will question them. These are non-negotiable.”

Ford’s lawyers said it was still unclear who will ask questions, as Republican­s were trying to hire an outside female counsel who could take over the questionin­g. The 11 senators on the GOP side of the dais are all men, which could send an unwanted message on live television against the backdrop of the #Metoo era. They could also use Republican staff attorneys on the committee.

Democratic senators were expected to ask their own questions.

“We were told no decision has been made on this important issue, even though various senators have been dismissive of her account and should have to shoulder their responsibi­lity to ask her questions,” the attorneys for Ford said in a statement.

As he builds a case for his innocence, Kavanaugh plans to turn over to the committee calendars from the summer of 1982 that don’t show a party consistent with Ford’s descriptio­n of the gathering in which she says he attacked her, The New York Times reported Sunday. The newspaper reported that it had examined the calendars and noted they list basketball games, movie outings, football workouts, college interviews, and a few parties with names of friends other than those identified by Ford.

A person working on Kavanaugh’s confirmati­on confirmed the Times account to The Associated Press. The person spoke on the condition of anonymity to discuss the matter.

Earlier Sunday, Sen. Lindsey Graham, a South Carolina Republican on the Senate Judiciary Committee, said lawyers for Ford were contesting two GOP conditions — that Ford and Kavanaugh would be the only witnesses and that an independen­t counsel would ask the questions.

“If they continue to contest those two things, there won’t be a hearing,” Graham said. “We’re not going to let her determine how many people we call” and on outside counsel. “I hope she comes.”

Graham, speaking on “Fox News Sunday,” promised a fair hearing in which both Ford and Kavanaugh “will be challenged” but said “unless there’s something more” to back up her accusation, he indicated he will vote to confirm Kavanaugh. Graham said he’s “not going to ruin Judge Kavanaugh’s life over this.”

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KAVANAUGH
 ?? Jacquelyn martin / Associated Press ?? Sen. dianne feinstein, d-calif., is surrounded by reporters as she arrives for a vote earlier this month on Capitol Hill in Washington. She called Sunday night for the “immediate postponeme­nt” of any further action on Kavanaugh’s nomination.
Jacquelyn martin / Associated Press Sen. dianne feinstein, d-calif., is surrounded by reporters as she arrives for a vote earlier this month on Capitol Hill in Washington. She called Sunday night for the “immediate postponeme­nt” of any further action on Kavanaugh’s nomination.
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Avenatti
 ??  ?? Grassley
Grassley

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