Kavanaugh nomination

As the nation collectively takes a breath from the emotional testimonies of Dr Ford and Judge Kavanaugh, I wanted to share some thoughts on the process we have witnessed, the credibility of the story as recounted by Dr Ford, the current FBI investigation and the possible outcomes of this very important nomination.

First, as most people have expressed, Dr Ford's testimony was compelling, believable and heart wrenching.  She displayed courage in coming forward despite her inability to remember specific details surrounding the alleged attack knowing her reputation would be forever altered.  Most importantly, she has provided a powerful example for other women who have experienced, but not reported, their deepest secrets of past assaults, as well as for women who will experience future attacks from men who they know casually or intimately.  Our record in supporting these women in the past has ranged from actually blaming them for their situation to disregarding their charges as lies or mistakes.  Of course, we saw similar responses during these past few weeks, but there also appears to be a majority of public opinion in support of her story in that we believe she believes an attack occurred.

Whether the attack emanated from Judge Kavanaugh, however, is not as readily accepted.  And therein lies the problem.  We seem to believe both of them.  Is this possible?  That both are telling us the truth?
If you were to call your friends from 35 years ago and ask them about a specific party or event on a particular day, I imagine you would get inconclusive and contradictory stories from your friends.  If that day featured nothing special, just another day of swimming, or camping, or partying, with no significant events to distinguish it from any other day, there would be very little chance of finding consistency in your friends' recollections.  And so, some of those who have been asked about the attack do not remember it happening or even if they were at the party, because, for them, there was nothing special about that day. 

However, if you were to ask someone where they were on 9/11, most people knew the exact events of their day.  Where they were when they first heard the news, what they did to stay up to date of the events as they transpired, perhaps even what they ate for dinner as they watched the horrible event unfold on TV.  As Dr Ford stated, it is implanted on our hippocampus. 

For Dr Ford, the attack is implanted in her memory.  She will never forget the details, especially the laughter of the boys in the room at the time.  For everyone else in her circle of friends who were not aware of her victimization, there is nothing comparable to call on for a strong memory.

Judge Kavanaugh, one might think, would also have a strong memory of the time if this was an extraordinary event in his life, but not if, for him, it was not a big deal.  And certainly not if his alleged inebriation interferes with his memories.  It is hard to imagine that Kavanaugh had a history of "rough play" as some have said to defend him, as, not withstanding the other accusations that have surfaced, there does not appear to be a pattern of reported assaults or other examples of he said, she said encounters. 

At this point, I tend to believe Ford's story, and that Kavanaugh was responsible for the attack, but that he does not remember, or has convinced himself to only remember what confirms his opinion of himself.  He more than once demonstrated that trait by dismissing his obvious habit of drinking beer to excess by responding how hard he worked as a student, how many sports he participated in, and how loyally he attended church.  What is ironic, is that he identified with so many of the groups from high school, the smart ones, the athletic ones, the religious ones, who so often turned out to be the ones who were the worst offenders of actions that were "bad", but were always defended by those who had a reason to ignore their missteps; parents who did not raise them that way, teachers who enjoyed them in class, coaches who gained a bit of respect through their athletic achievements, pastors who used them as examples of a "good" boy or girl. 

As for the FBI investigation, I don't expect any surprises.  There may be evidence that Kavanaugh was in the area of the attack, or perhaps even evidence that Ford has incorrect memory of the location.  I expect that the third party in question, Mark Judge, will again be interviewed.  Chances are, he will add no new information other than that he does not recall the event.  Chances are, the investigation will not be able to prove or disprove either story, which means we are back to he said, she said.  Which means we are back to support for Kavanaugh by the GOP who want him confirmed to tilt the Supreme Court towards a more conservative philosophy, and support for Ford by the Dems who are against his nomination for fear he will tilt the court to rule against women's reproductive rights, rule for presidential immunity from prosecution, rule against regulations to address climate change, rule for big business over worker rights, and enhance corporations' status as citizens. 

Still, and despite the GOP having a majority in the Senate and that fact the President Trump supports his nominee, there could still be a surprise result.  Perhaps Senator Flake or Collins or Murkowski or one of the other 3 GOP female Senators will alter their vote.  It will take two of them though, as if only one votes against the nomination creating a 50-50 tie, VP Pence will then have the deciding vote.

For me, Kavanaugh's responses raised a flag against his nomination beyond my disagreement with his judicial philosophy.  He seemed very aggressive with Democratic Senators, not just in defending himself, which was OK, but in attacking them as to why the hearings were extended.  He seemed anti-Democratic party/pro President Trump when his demeanor should reflect much less politics, much more respect for the law.  And the law says that the Senate must evaluate him before recommending him for nomination. 

Is there politics involved in this process?  Of course, but that is part and parcel to the process, especially when it was only last year that the GOP refused Obama's nominee after the death of Judge Scalia.   Do I expect a Supreme Court Justice to be a member of one party or the other and support that party at the polls?  Of course, but I do not expect a Supreme Court nominee to be so obvious in his support of that party, and so antagonistic against the other.   I already questioned whether his future rulings might hurt the middle class, the environment, women's rights, and the balance of power between our three branches of government, but now I also wonder if he may rule against cases merely for political reasons, not legal ones.  Hopefully, should his nomination be approved, Kavanaugh will get over this process, his perceived attack of his family and reputation by the Democratic party, and conduct himself on the highest court in the land as a true arbiter of the law, without party preference.