Nel's New Day

September 16, 2019

Kavanaugh on the Hot Seat Again

One year ago, the Senate defended and confirmed Brett Kavanaugh to the nation’s highest court despite a credible witness who described his sexual assault when they were teenagers. A year later, the New York Times reported another of Kavanaugh’s alleged sexual assaults at Yale that the Senate and FBI attempted to conceal at the confirmation hearings. At the hearings, Kavanaugh denied the woman’s description of how he forced his penis into her face and tried to get her to touch it. He said, “If that had happened, that would have been the talk of campus in our freshman dorm.”

Investigation reveals that Kavanaugh’s assault was “the talk of the campus.” Long before he became a federal judge, at least seven people, including the victim’s mother and two classmates, heard about his behavior. Two FBI agents who interviewed the victim, found her “credible,” but the GOP-controlled Senate did not give them authorization to investigate.

The FBI also failed to investigate another report from a classmate, Max Stier, who “saw Mr. Kavanaugh with his pants down at a different drunken dorm party, where friends pushed his penis into the hand of a female student.” Stier told both senators and the FBI about Kavanaugh’s behavior during the vetting process, but no one followed up, in spite of 25 possible corroborating witnesses.

These credible witnesses were in addition to the account from Dr. Christine Blasey Ford published in the Washington Post:

“[Kavanaugh] pinned her to a bed on her back and groped her over her clothes, grinding his body against hers and clumsily attempting to pull off her one-piece bathing suit and the clothing she wore over it. When she tried to scream, she said, he put his hand over her mouth.”

The NYT buried the story under “news analysis” that appeared to focus on the victim not fitting into Yale. The tweet from NYT Opinion claimed “having a penis thrust in your face at a drunken dorm party may seem like harmless fun.” Even the follow-up deletion and “apology” about the “poorly phrased” statement didn’t salvage the disgusting former tweet that made sexual assault seem like the new normal.

The article was abstracted comes The Education of Brett Kavanaugh: An Investigation, extensively researched by the authors Robin Pogrebin, Kavanaugh’s classmate at Yale, and Kate Kelly. Among much more information, the authors point out that all Kavanaugh’s achievements, including justice on the Supreme Court, resulted from the power given him by other men, starting with his parents paying for his education in a prestigious school. In the hearing, Kavanaugh surrounded himself by female family and friends to show how much they love him.

Sen. Kamala Harris (D-CA), one of the five top contenders for Democratic presidential nomination, said: “I sat through those hearings. Brett Kavanaugh lied to the US Senate and most importantly to the American people. He was put on the court through a sham process and his place on the court is an insult to the pursuit of truth and justice. He must be impeached.”

Another candidate, Sen. Amy Klobuchar (D-MN) agreed that the confirmation process was a “sham.” Rep. Ilhan Omar (D-MN) will undoubtedly face more ire from DDT for saying:

“Nothing terrifies this corrupt president more than the idea of Congress upholding the rule of law. We must open impeachment inquiries against Trump and Kavanaugh immediately. It’s our constitutional duty.”

Last fall, Sen. Chris Coons (D-DE) wrote FBI Christopher Wray with a request for an “appropriate follow up” with one individual who had come to Coons with information about Kavanaugh. The letter, which identified Kavanaugh’s classmate at Yale University Max Stier, stated that “several individuals” contacted his office who had wanted to share information with federal authorities but said they had “difficulty reaching anyone who will collect their information.” DDT was in charge of the investigation’s scope and limited the number of witnesses to ten of all the people who had information about the Supreme Court justice nominee. A spokesman for Judiciary Committee Chair Chuck Grassley (R-IA) said the senator’s staff knew nothing about Stier’s information. Friends of the woman who was the subject of Stier’s information said that she didn’t remember it happening.

Sen. Susan Collins (R-ME) may be the senator most hurt by a vote in favor of Kavanaugh’s confirmation. In any close vote, she tends to support the GOP even if she has promised not to do so. Her vote for Kavanaugh gave him the 50 votes that he needed, and she claimed that it was after a “very thorough review.” As a Senate insider, she knew a year ago what the public is now learning, that the investigation was a sham without reasonable investigative steps. Agents interviewed none of the 12 people whose names were given to the FBI by one of the women alleging that Kavanaugh sexually assaulted her. The investigators, given only one week, also ignored an allegation of another drunken misbehavior. When Sen. Jeff Flake (R-AZ) asked for openness, the other GOP senators provided cover for their nominee. Meanwhile, DDT made repeated calls for the DOJ to strike back at accusers.

Up for re-election in 2020, Collins faces angry constituents. She said she is opposed to DDT stealing money from the military for his wall but cast the deciding vote against an amendment that would stop it, taking $200 million from construction at Portsmouth Naval Shipyard. She cast a vote for the tax cut benefiting the wealthy and big business with a lying excuse that it would help the poor and middle class, and she cast the deciding vote for a nominee who separated families. She also voted for three judges who refused to affirm the Supreme Court decision to desegregate public school students. Donations reflect her lack of popularity in her home state: the owners of Breitbart have donated more to her campaign in one quarter than all the money from Maine voters combined. Only 15 people have donated more than $200 to her, and the number of people donating less than that sum is small.

Over a month ago, the House Judiciary Committee requested records from the National Archives related to Brett Kavanagh while he worked for George W. Bush to understand his true position on Roe v. Wade. During his hearings for the Supreme Court and his appointment to a lower court, Kavanagh downplayed under oath his anti-abortion views, likely illegal representations and downright lies like the ones Collins believed. Republicans withheld 92 percent of these documents during the confirmation process. Already known are his lies about his knowledge regarding warrantless surveillance and torture during W’.s administration in 2006 and other information about Ken Starr’s investigation into President Bill Clinton, but these other records could show the extent of his falsehoods under oath. Committee Chair Jerry Nadler (D-NY) said the records are relevant because “in the coming year, the Supreme Court will again address important matters regarding civil rights, criminal justice, and immigration [and] may also review certain high-profile cases related to reproductive rights, the separation of powers, and the limits of executive authority.”

As might be expected, DDT was furious about the reporting, calling for Kavanaugh to sue people for “liable,” his term for libel. If Kavanaugh follows DDT’s directions, the discovery about his lying under oath could be extremely damaging. Using his belief that the DOJ is his fixer, DDT asked the DOJ to “rescue” Kavanaugh just as he argued that the DOJ shouldn’t bring federal charges against members of Congress to protect the GOP campaigning and directions to the DOJ to fire employees disloyal to DDT or prosecute his enemies.

The DOJ followed DDT’s directions by suing Omarosa Manigault Newman for financial disclosure violations after Omarosa had missed a disclosure report while ignoring Kavanaugh’s violations. He has never identified the “friends” who paid off his mortgage and the $60,000-$200,000 credit card debt, much of it for baseball tickets, so that he could be a “credible” nominee for the Supreme Court. The money should be counted as a financial gift to be publicly reported, and the benefactors may have cases before the Supreme Court.

Last week, AG Bill Barr started his fixing by giving an award to Kavanaugh’s fixers. The Attorney General’s Award for Distinguished Service, the second highest honor from the DOJ, was awarded last year to the prosecutor who convicted Ahmed Abu Khattala, a ringleader of the Benghazi terrorist attack that killed four people from the U.S. This year Barr gave the award to the 100 DOJ lawyers who covered up for Kavanaugh to get him onto the Supreme Court allowing the perversion of law enforcement with politics. 

Those who have forgotten how evasive and unhinged Kavanaugh appeared at his confirmation hearing can refresh their memories by watching this clip from The Rachel Maddow Show. [Visual – Kavanaugh victim]

Kavanaugh consistently lied during confirmation hears for both federal judge and Supreme Court justice. These new reports add to this record of falsehoods.

Thanks to DDT, the DOJ, and GOP senators, the U.S. Supreme Court now has two men among its nine justices who are credibly accused of sexual assault.

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