Our view: In Kavanaugh battle, truth-seeking is a casualty
If it were somehow possible to cut through the blatant politics of the drama over Brett Kavanaugh’s nomination to the Supreme Court, what ought to be left is a search for the truth.
Leading Republicans as well as some Democrats, however, have made it abundantly clear that they’re not very interested in that search. They’ve already made up their minds.
Before waiting for sworn testimony by Christine Blasey Ford or Kavanaugh, Senate Majority Leader Mitch McConnell, R-Ky., vowed that Kavanaugh “will be on the United States Supreme Court” soon. Sen. Lindsey Graham, RS.C., who sits on the Judiciary Committee, suggested on Fox News Sunday that he won’t be influenced much by Ford’s testimony: "What am I supposed to do, go ahead and ruin this guy’s life based on an accusation?”
On the Democratic side, Sen. Kirsten Gillibrand of New York isn’t waiting for the facts, either: “I believe Dr. Blasey Ford because she’s telling the truth.”
And what about President Donald Trump? Surprisingly civil during the initial stages of the controversy, Trump unleashed a twitter storm Friday questioning Ford’s veracity: “If the attack on Dr. Ford was as bad as she says, charges would have been immediately filed.”
Never mind that the vast majority of sexual assaults are never reported to police. Or that Ford, then about 15, said she did not even tell her parents.
The best way to get to the truth at this supercharged moment in history is for Ford and Kavanaugh to testify under oath before the committee, as they are scheduled to do Thursday. Most of the questioning should be handled by committee counsel — a condition Ford’s lawyers opposed — not grandstanding senators. And that should be the beginning, not the end, of the process.
Once Ford has testified, the FBI or lawyers named by Democrats and Republicans should dig into the details and get other relevant witnesses to answer questions under oath. That is even more urgent now that a second woman, Deborah Ramirez, has accused Kavanaugh of exposing himself when both were freshman at Yale University, according to The New Yorker magazine.
Kavanaugh, now 53, categorically denies the two women’s allegations of sexual misconduct, calling them “lastminute character assassination.” This suggests that someone is not telling the truth. If it is Kavanaugh, that affects his fitness to sit on the Supreme Court.
And what’s the big rush? A lifetime appointment to the Supreme Court deserves a thorough investigation. Votes could wait another week or so, all to the public’s benefit. But serving the public seems to be the last thing on the minds of most senators, as both sides play political hardball.
Republicans — who hold a 51-49 majority in the Senate — want to get Ford’s testimony over with on Thursday so they can move quickly to a confirmation vote. The GOP-led Judiciary Committee hasn’t even subpoenaed Mark Judge, whom Ford has identified as an eyewitness to Kavanaugh’s alleged sexual assault at the high school party. What truth-seeker wouldn’t want to hear from a possible eyewitness?
For Democrats, delay is the goal, hoping that Republican senators or Trump will lose their cool and attack Ford, giving Democrats more antiwoman ammunition for the midterm elections. Democrats’ fondest wish is to delay Kavanaugh’s nomination past Nov. 6 or derail it, hoping for a Democratic takeover of the Senate and a chance to avenge GOP refusal to even consider President Barack Obama’s nomination of the highly qualified Judge Merrick Garland.
Lost in all the furor are the higher stakes, the future image of the highest court in the land, already viewed as too political. If both parties put partisan considerations over impartial factfinding, both will risk a Supreme Court that no longer has the confidence of the American people.