Nel's New Day

September 18, 2018

‘Deny, Deny, Deny’

Toxic masculinity and our rape culture are front and center this week as Republicans are working to exonerate their new Supreme Court justice nominee from an accusation of attempted rape when he was 17 years old. The conservative response is that he certainly didn’t attack a teenage girl, but if he did, it’s normal behavior for teenage boys. A lawyer close to the White House said, “If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried.”

A letter from Christine Blasey Ford, research psychologist and professor at Palo Alto University and the Stanford University PsyD Consortium, described the way that Kavanaugh shoved her into a room, held her down, tried to take her clothes off, and covered her mouth to keep her from screaming, making her fear for her life. A polygraph test shows she is telling the truth, and she had reported the experience to a therapist six years ago. Kavanaugh has repeated denied even knowing Ford, but he has hired Beth Wilkinson, a high-powered Washington, D.C., trial attorney, to represent him.

Twenty-seven years ago, two current GOP members of the committee—Chuck Grassley (R-IA) and Orrin Hatch (R-UT)—were also committee members who grilled Anita Hill about Supreme Court Justice Clarence Thompson’s sexual misconduct before he was confirmed. The committee handled that confirmation hearing shamefully, ignoring another witness about Thomas’ sexual misconduct and failing to delve into Thomas’ behavior that supported Hill’s testimony about his inappropriate actions. Yet both these men avidly support Kavanaugh in a desperate attempt to get a far-right justice on the Supreme Court at any cost.

The day after the media announced Ford’s accusation, Grassley, the committee chair, released a letter from 65 women supporting the nominee. Three days later, only two of the signers stand by their support: dozens don’t respond to questions, and two declined to speak on the record. https://www.cnn.com/2018/09/17/politics/brett-kavanaugh-white-house-supreme-court-nominee/index.html  After yesterday’s nine-hour strategy meeting with Kavanaugh, the White House claimed that many of these women will publicly defend Kavanaugh. The White House also plans a press conference with these women.

Although DDT described Kavanaugh as without “blemish,” the Senate Judiciary Committee refused to hear federal court employees who wanted to speak out against Kavanaugh during his clerking for former 9th Circuit Court of Appeals Chief Judge Alex Kozinski after he was accused of sexual misconduct by at least 15 women. Asked if he received any sexually inappropriate emails from Kozinski, Kavanaugh, who was very close to Kozinski, said, “I do not remember receiving any sexually inappropriate emails.” Kozinski was Kavanaugh’s connection to former Justice Anthony Kennedy who got Kavanaugh the nomination. Witnesses to Kavanaugh would testify that he was lying.

Hatch says that he believes Kavanaugh’s denials. Yet, Hatch added, if these allegations turn out to be credible, Kavanaugh is a good person “today”; therefore Kavanaugh should be confirmed.

Yet hundreds of former students who graduated between 1967 and 2018 from Holton-Arms, Fords’ high school, called for an investigation into Kavanaugh stating:

“Dr. Blasey Ford’s experience is all too consistent with stories we heard and lived while attending Holton. Many of us are survivors ourselves.”

Kavanaugh’s confirmation vote was scheduled for Thursday, but Sens. Jeff Flake (R-AZ), Roy Blunt (R-MO), Bob Corker (R-TN), and Lisa Murkowski (R-AK) have asked for time to investigate the accusations. Flake is on the Judiciary Commission, and his vote is needed to have the GOP majority for committee confirmation if all Democrats vote against Kavanaugh.

Like Thomas, Kavanaugh perjured himself at least four times during his confirmation hearings according to documents released by Democratic senators—and that information came from only seven percent of his documents released by Kavanaugh’s friend and GOP watchdog Bill Burck. After their release, the documents were still redacted three times, including by Judiciary Committee Chair Chuck Grassley (R-IA). The “confidential” documents released by Democrats over the objection of Grassley have nothing to do with national security and everything to do with making transparent Kavanaugh’s dishonesty:

Kavanaugh’s interview with Judge William Pryor before his confirmation when Kavanaugh said, “I don’t believe so” when asked if he interviewed Pryor. Three years after Pryor’s nomination, Kavanaugh flatly denied under oath that he had an interview with Pryor. Kavanaugh also lied under oath about not “handling” Charles Pickering during his confirmation proceedings. In an op-ed, former Sen. Russ Feingold (D-WI) wrote that Kavanaugh is a “calculated liar who uses dishonesty to advance his own career.”

Kavanaugh’s denial of receiving stolen documents in 2003, documents clearly stolen that Kavanaugh expressed ignorance about the source that was marked “confidential” from a Democrat, has “Spying” as the subject line, and beings with the statement, “I have a friend who is a mole for us on the left.” Kavanaugh said that none of this “raised a red flag.”

Kavanaugh’s false claim about warrantless wiretaps that he first heard about it from the New York Times, when he emailed DOJ lawyer John Yoo over four years earlier than the source that Kavanaugh gave.

Kavanaugh’s writing that Roe v. Wade is not necessarily “settled law of the land” despite his promise to pro-choice senators to the opposite. In confirmation, Kavanaugh changed the term to “precedent,” knowing that all “precedents” can be overturned if he wins his confirmation. In addition to opposing abortion, Kavanaugh is against contraception, as he indicated in this ruling referring to birth control as an “abortion-inducing drug.”

If Kavanaugh is willing to lie about these issues, he cannot be trusted to tell the truth about Ford’s statements.

Kavanaugh should not only be removed from nomination to the Supreme Court for his perjury but also impeached from his current position as judge on the Washington, D.C. Appeals Court. When he lied under oath in 2004, senators did not have access to his emails showing that he had lied; now they are in the public domain. Lisa Graves knows that Kavanaugh lied: she wrote some of the memos that Kavanaugh received from GOP Senate aide Manuel Miranda, the ones that he said he denied received and then said that he didn’t know were stolen. As a member of Ken Starr’s impeachment team, Kavanaugh argued that President Bill Clinton should be impeached for lying under oath. Using Kavanaugh’s own standard, he should be impeached for lying under oath.

The Democratic Coalition plans to file an ethics complaint against Kavanaugh for his answers about whether he received stolen documents. Complaints are typically reviewed by the chief judge of the court, who in this case is Merrick Garland, President Obama’s nominee for the Supreme Court who was completely ignored by Senate Majority Leader Mitch McConnell (R-KY).

The 11 white male GOP senators on the judiciary committee have noticed that their gender may be a problem: they are considering the use of female aides to question Ford during the hearings. Grassley is already dodging the problem of 11 white male GOP senators questioning Ford, especially after the many clips showing the brutal questioning of Anita Hill in Clarence Thomas’ hearings 27 years ago, by declaring himself a victim. Asked on Hugh Hewett’s radio show if these all-white, all-male GOP senators might subject Ford to “insensitivity or indifference,” Grassley accused journalists of being “very insensitive to Chuck Grassley, because I’m the only chairman when it says Chairman Grassley, chairman of the aging, or chairman of the Judiciary Committee, 84 years old…. So there’s already discrimination against me.” The ten Democrats on the judiciary include four women and three people of color.

Where Kavanaugh’s confirmation hearings stand as of the evening of 9/18/18:

Kavanaugh’s former classmate Mark Judge, who has written reams about his drunken lifestyle and Kavanaugh’s drinking as a teenager, wrote a brief letter stating that he won’t testify to the senators about Ford’s claim that he was in the room when Kavanaugh assaulted her. He has “no memory” about what happened.

In a first, DDT carefully kept to his script when he said that there is no need for a rush to complete the confirmation, that he wants to hear both sides. It’s a first. Like his reactions to Roy Moore, Rob Porter, Roger Ailes, Bill O’Reilly, Jim Jordan, and others accused and sometimes found guilty of sexual misconduct, DDT talks about how much these people are suffering and consistently refers to Ford as “the woman.”

Ford said that she has received death threats, been forced to more from her home, and had her computer hacked. After insults from GOP senators, she said that she will wait to testify until after the FBI investigates her claims and Kavanaugh’s behavior.

Sen. Kamala Harris (D-CA) also called for an investigation into an issue regarding a life-time term in the nation’s highest court. The order must come from DDT, and he has not done that. Grassley has gone so far as to lie when he said that the FBI cannot do this investigation. DDT said he won’t ask for an investigation because “the FBI said that they really don’t do that.”

Republicans won’t allow any third-party testimony in a hearing about Ford and Kavanaugh.

As people have often written during the past 18 months, if … were innocent, why doesn’t he want a thorough investigation. Instead, Kavanaugh follows DDT’s advice, reported by Bob Woodward in Fear: “Deny, deny, deny.”

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