Let's just say for a moment that Brett Kavanaugh is innocent of the sexual assault charges leveled against him by Dr. Christine Blasey Ford, Julie Swetnik, and Deborah Ramirez. We could for example, envision a scenario where all the women mistakenly identified Kavanaugh as their attacker, confusing him with another prep school boy or drunken fraternity brother.
In this scenario, Kavanaugh could be evaluated as a potential lifetime appointee to the Supreme Court purely on his professional record, truthfulness, and temperament.
There is an argument that his professional record, although extremely conservative, is impressive enough to warrant a position on the highest court of the land. He boast an impressive resume and has a fine legal mind.
What about Kavanaugh's integrity when it comes to telling the truth? Sexual assault allegations aside, we know that Kavanaugh has demonstrably lied to Congress on multiple occasions -- under oath. From his role in accessing documents stolen by Manuel Miranda in during the Bush Administration, to lying to Sen. Dick Durbin in 2006 (telling him he was not involved in legal questions about the detention of alleged enemy combatants when he clearly was), Kavanaugh has a troubling history of not being truthful.
What then, about his temperament -- perhaps the most important aspect of any meaningful evaluation process. Does Kavanaugh have what it takes to calmly assess complex legal and moral issues that could have far reaching consequences for the nation? Is he capable of keeping his emotions out of his decision making process? How does he respond under pressure?
Yesterday, we found out that not only is Brett Kavanaugh a proven liar, he is completely and utterly incapable of keeping calm under pressure or leaving emotion out of legal issues. When confronted with accusations against himself, Kavanaugh quite literally fell apart on live television. He shouted, postured, made up wild conspiracies, and cried when asked about the accusations made against him by Dr. Ford. It was the performance of an unstable man who should not be allowed anywhere near the Supreme Court. Contrasted with Dr. Ford's calm, well delivered answers on a clearly traumatic experience, Kavanaugh showed himself to be totally inept when put under pressure.
It is understandable that someone would be angry about accusations made against them if they were not true. If we accept that Kavanaugh is innocent, he certainly has the right to be aggrieved, and his emotionally display would be entirely understandable. But he wants to be confirmed to the Supreme Court, and falling apart as he did yesterday is ample evidence that the man simply doesn't have what it takes.
Most worrying was Kavanaugh's insistence that there was a sinister left wing conspiracy to derail his nomination.
“This has destroyed my family and my good name," he told the hearing. "A good name built up through decades of very hard work and public service at the highest levels of the American government. This whole two-week effort has been a calculated and orchestrated political hit fueled with apparent pent-up anger about President Trump and the 2016 election.”
He also stated that he believed Dr. Ford was assaulted by someone, and wasn't lying about the trauma she suffered -- it just wasn't him.
Logically, this is completely impossible. Christine Ford cannot be simultaneously telling the truth about being assaulted and be part of an "orchestrated political hit" by Democrats in the Senate. If there is a giant conspiracy to sink his nomination, then Christine Ford is lying about the assault. Kavanaugh cannot have it both ways, and for this reason alone he has shown himself to be incapable of fulfilling his duties as a Supreme Court justice.
To be clear, there is absolutely no proof whatsoever that Dr. Christine Ford is making up her allegation, and not proof whatsoever that the Democrats have put her up to it. Kavanaugh's interaction with Sen. Cory Booker on this was telling.
“Are you saying that Dr. Ford’s efforts to come forward, to prepare for the very difficult testimony she gave today, to travel to Washington, D.C., and tell us about her experience, have all been part of an orchestrated political hit?” Booker said to Kavanaugh. “And are you basically calling her some kind of political operative?”
“I’ve said my family has no ill will toward Dr. Ford,” Kavanaugh replied. “She wanted confidentiality. Her confidentiality was blown by the actions of this committee and it’s turned this into a circus.”
“Let’s just be clear. In other words, you have problems with the senators that are up here and how we conducted it. But you’re not saying in any way that she is a political pawn, political operative. You have sympathy for her. She is talking about a sexual assault, is that correct?”
“I said all allegations should be taken seriously,” Kavanaugh said. “You should listen to both sides. My family has no ill will toward her.”
According to Kavanaugh, Ford's allegations should be taken seriously, but not seriously enough to warrant an FBI investigation, take a polygraph test, or apparently answer questions from the Senate.
This is not the behavior of a senior judge, but that of a partisan hack who is deeply unstable and incapable of telling the truth. On that basis alone, he should be disqualified from the Supreme Court or have the decency to withdraw.
Unfortunately, this is not going to happen because in America, unqualified sexual predators with white skin and vast financial resources almost always fail upwards.
Read Bob Cesca's latest for Banter Members: Brett Kavanaugh And 'The Old Man And The Sea'