The Mercury News

The question is: Are we being fair to Kavanaugh?

- By Leonard Pitts Jr. Leonard Pitts Jr. is a Miami Herald columnist. © 2018, Chicago Tribune. Distribute­d by Tribune Content Agency.

Ari Fleischer wants to know if we’re being fair.

“How much in society should any of us be held liable today when we’ve lived a good life, an upstanding life by all accounts, and then something that maybe is an arguable issue, took place in high school? Should that deny us chances later in life?”

Fleischer, a former spokesman for President George W. Bush, raised that question Monday on Fox “News” about allegation­s of long-ago sexual misdeeds that have upended the confirmati­on hearings of would-be Supreme Court Justice Brett Kavanaugh. He seemed to think he’d posed a real moral puzzler.

As you are no doubt aware, Kavanaugh’s alleged misdeed was actually a crime. His accuser, a California research psychologi­st named Christine Blasey Ford, said that when she was 15, a drunken Kavanaugh, 17, laughing “maniacally,” pinned her to a bed at a party in suburban Maryland, groped her, ground himself against her, fumbled to remove her one-piece bathing suit and covered her mouth with his hand when she tried to scream.

“I thought he might inadverten­tly kill me,” she told the Washington Post. Ford said she managed to escape when Kavanaugh’s friend, Mark Judge, jumped onto the bed, sending all three of them tumbling. Kavanaugh and Judge have both denied the assault.

But Ford’s account is quite credible. She first confided the alleged incident in couple’s therapy six years ago, long before Kavanaugh was tapped for the court. Her husband backs her up. So do her therapist’s notes. And Ford has passed a polygraph test administer­ed by a former FBI agent.

It’s worth noting she didn’t ask for any of this. In early July, Ford told her story to The Post, but refused to speak on the record. Later that month, she wrote a letter about it to her senator, Democrat Dianne Feinstein, again asking to remain anonymous. But the story leaked anyway, and it wasn’t long before reporters began showing up on her doorstep.

Here, then, is where we stand: After supporting senatorial candidate Roy Moore (a credibly accused child molester) Donald Trump (a confessed perpetrato­r of sexual assault) has nominated to the Supreme Court Kavanaugh (a credibly accused attempted rapist) who would, if confirmed, serve alongside Clarence Thomas (a credibly accused sexual harasser).

It speaks painfully and pointedly to just how unseriousl­y America takes men’s predations against women. You might disagree, noting the Senate Judiciary Committee has asked Ford to testify. But if history’s any guide, that’ll be a mere formality before the committee recommends confirmati­on.

Yet Fleischer thinks the issue here is whether or not we should hold a man accountabl­e for some bad thing he allegedly did in high school. Sorry, but that’s no moral puzzler. The answer’s obvious: Yes, particular­ly if what that man did is a serious crime and he’s never owned up to it nor sought to make amends.

This concern for fairness to Kavanaugh is touching and all, but Ford said surviving a rape attempt “derailed me substantia­lly” for years. She did poorly in school and was unable to have healthy relationsh­ips with men. She’s since struggled with symptoms of anxiety and post-traumatic stress disorder and had to undergo psychother­apy.

In other words, she’s been forced to grapple with the alleged incident, even if Kavanaugh hasn’t.

Somebody ask Fleischer about the fairness of that.

 ?? SAUL LOEB AFP/GETTY IMAGES ?? Questions about whether allegation­s of long-ago sexual misdeeds should upend confirmati­on hearings of wouldbe Supreme Court Justice Brett Kavanaugh were raised by a former spokesman for President George W. Bush on Monday on Fox News.
SAUL LOEB AFP/GETTY IMAGES Questions about whether allegation­s of long-ago sexual misdeeds should upend confirmati­on hearings of wouldbe Supreme Court Justice Brett Kavanaugh were raised by a former spokesman for President George W. Bush on Monday on Fox News.

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