Kavanaugh unsuited for Supreme Court

While there is a concerted campaign by Brett Kavanaugh supporters to play down accusations and to discredit accusers, his suitability for the Supreme Court looks increasingly untenable.

There are valid points about ‘innocent unless proven guilty’ to some degree, but a judge of the Supreme Court of the United States must meet higher standards. Kavanaugh’s manner at the Senate hearing last week alone raised questions about his demeanour and his political bias. And claims of drunken behaviour and belligerence keep emerging.

Ana Navarro (CNN): For the good of us all, Brett Kavanaugh should step aside

The ideology of a nominee, and factors like race, gender, ethnicity and creed, are all solely the President’s choice. But there are other requirements for a Supreme Court appointment that should not be optional. A Supreme Court Justice should have intellectual heft, judicial temperament and lifelong fitness of character.

There is no doubt Kavanaugh meets the intellect requirement.

In his first hearings, he came across as calm and deliberative — a cross between a Boy Scout and an altar boy.

That all changed once Professor Ford’s allegations emerged.

Let me say clearly and unequivocally, I believe Christine Blasey Ford.

I believe her because she is not a partisan activist. I believe her because during his hearing, Kavanaugh lied about little things he didn’t need to. I believe her because his good friend, Mark Judge, wrote a book called, “Wasted: Tales of a GenX Drunk,” which mentions a character named “O’Kavanaugh” he frequently got wasted with.

(See FBI interviews Kavanaugh friend Mark Judge)

A lot of people think we should not define a person’s entire life because of grave mistakes made as a teenager. I tend to agree with that. Kavanaugh is certainly not alone in doing things as a teenager that most of us as adults would rather forget.

But his nomination is for the Supreme Court. It is different than any other position in government. Once named, you can’t be fired. You are not accountable to voters or even a President. It is a lifetime appointment. And unlike appointments to lower courts, there is no retirement age and impeachment is almost unheard of. All of this makes the standard for confirmation higher.

I now believe Kavanaugh lacks the judicial temperament and character to serve on the Supreme Court. In the last hearing in front of the Senate Judiciary Committee, he was screaming, crying, disrespectful and partisan.

In his testimony in front of the committee, Kavanaugh was a partisan attack dog. He showed resentment and disdain for Democrats. He questioned Senator Klobuchar about her drinking habits. He brought Trump’s election into it. He blamed Professor Ford’s allegations on Clinton allies seeking revenge for his role in the Starr investigation.

But again, this is for the Supreme Court. Justices are supposed to be free from external political pressures. Given what we heard from Kavanaugh and the emotional scars this process will leave him with, given his animosity for Democrats and his indebtedness to Republicans, would he ever be capable of judicial independence? Every Senator, regardless of party, should ask themselves that question.

If Kavanaugh is appointed to the Supreme Court there will always be questions about his character and his political bias.

Mike Godwin is an attorney, author, and creator of Godwin’s Law.

And more and more facts against Kavanaugh are emerging.

NZH: Brett Kavanaugh and his staff reportedly sent text messages to cover up indecent exposure allegations

Last week, a separate report claimed he exposed himself during a drunken dormitory party in the same period, with various former classmates now publicly weighing in on his alleged out-of-control drinking habits in detail.

And now it has emerged that Kavanaugh and his staff were allegedly sending text messages to silence reports of indecent exposure — before the story had even broken.

Late last month, The New Yorker published a story in which Kavanaugh’s former classmate Deborah Ramirez claimed he exposed himself to others at a party in the early 1980s.

In the report, Ramirez, 53, claimed Kavanaugh exposed himself “at a drunken dormitory party” where she alleged he “thrust his penis in her face, and caused her to touch it without her consent as she pushed him away”.

The story noted she had “gaps” in her memory from drinking, and that she couldn’t clarify his role “with certainty” for six days after first speaking with the journalists who published the story.

Kavanaugh denies the claims.

“This alleged event from 35 years ago did not happen,” he wrote in a statement. “The people who knew me then know that this did not happen, and have said so. This is a smear, plain and simple. I look forward to testifying on Thursday about the truth, and defending my good name — and the reputation for character and integrity I have spent a lifetime building — against these last-minute allegations.”

But it’s now emerged that Kavanaugh, 53, and his staff were reportedly sending text messages to former Yale classmates to underplay these allegations — before the story was actually published.

In one message, Yarasavage said Kavanaugh asked her to go on the record to defend him. Another two messages show communication between Kavanaugh’s team and former classmates before The New Yorker story broke, suggesting Kavanaugh knew about Ramirez’s allegations in advance.

A judge trying to influence potential witnesses should raise legal eyebrows.

A one-time classmate of Kavanaugh said he was a habitual heavy drinker, challenging the judge’s Senate testimony to the contrary.

“I can unequivocally say that in denying the possibility that he ever blacked out from drinking and in downplaying the degree and frequency of his drinking, Brett has not told the truth,” Chad Ludington told reporters.

The North Carolina State University professor, who said he had contacted the FBI with his information, indicated on Sunday in a statement that Kavanaugh was “belligerent and aggressive” when he drank.

A separate report published by The New York Times today claims Kavanaugh has a history of alcohol-related violence during this period of his life.

Sure, valid criticisms can be made of how Democrats have politicised the nomination – but so have Republicans and Trump.

But partisan crap aside, Kavanaugh is looking increasingly risky for, if not outright unsuitable for, a position on the US Supreme Court,

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48 Comments

  1. David

     /  October 3, 2018

    Does the bigger picture not worry you though. There is literally no corroborating evidence, everyone named as being there or a witness has denied anything happened, the text message article is a perfect example where someone heard there were some text messages asking for support of his nomination on character grounds which is perfectly normal has now been labelled by a 3rd party as an attempt to preempt an allegation.
    Its partisan politics enabled by a terribly biased media which has destroyed a mans character on what the evidence looks like mistaken identity or a false memory. He has 300 judgements from his time on the DC circuit and is the least overturned judge there, he volunteers, he has hundreds of women support his good character so if all it takes to stop his nomination is an unproven allegation then no one will ever step forward who had a couple of beers in college.

    Reply
    • Corky

       /  October 3, 2018

      Given the mounting discrepancies in Fords recollection of the facts, and her supposed recovered memories, this should be a huge concern for all Americans. But it boils down to the Dems not wanting a constitutional judge on the Supreme Court bench.

      The Dems have won this battle. The final result will just be window dressing.

      Reply
      • The mounting problems are Kavanaugh’s, like his demeanour, his behaviour and challenges to his truthfulness under oath.

        Reply
        • High Flying Duck

           /  October 3, 2018

          It would be extremely difficult to act in any other way if your life was being torn apart by 36 year old unprovable allegations.
          He is in as frustrating a position as you can get into and was being asked a whole load of gotcha questions about how he acted as a teenager and whether the FBI should investigate (the answer to which is that it is not his call – the committee needed to deal with it).
          We are now at a stage where to stop a nomination you can just throw out extremely damaging historical unprovable allegations – which, in the case of Ford amounted to “nothing happened but I was scared it would”, turn the screws until the nominee bites (along with death threats and harassment of his family) and then point the finger and say temperament.
          He is in an impossible situation driven by a partisan narrative.
          If they find something, he should withdraw. Otherwise he should get in based on 25 years of impeccable service.

          Reply
        • david in aus

           /  October 3, 2018

          His reaction was going to be damned whatever his demeanor. If he was cool and dispassionate, detractors would see it as an admission of guilt and his nomination would have been withdrawn.
          The audience for his reaction was the public (thereby Trump) and not the Senators or other judges. The commentary after Ford’s testimony was that he was a goner. It was his angry reaction and counterpunching that saved him. An innocent wronged person is expected to respond in that manner.
          Kavanaugh had no choice, his response is appropriate in its context. It was a political hit job and not an attempt to explore the truth. He called it out.

          The Democrats are in their rights to do this by the way. They want activist judges but only those of the Left-wing persuasion. Kavanaugh, they fear, is an activist judge but on the ‘wrong’ side.

          Reply
        • Trevors_elbow

           /  October 3, 2018

          What bs Pete. Never got angry when Dermott was having a crack at you did we?

          this has been a dirty tricks campaign by the Dems. They will reap what they sow and Kavanaugh if confirmed will be on the scotus for decades…. and guess what he will remember every time a Dem align issue comes before the bench

          Dumb politics by the Dems

          Reply
  2. Patzcuaro

     /  October 3, 2018

    Looks like you need to edit post, you have doubled up 4 paragraphs at the end.

    Reply
  3. Alan Wilkinson

     /  October 3, 2018

    Don’t understand why Kavanaugh shouldn’t find witnesses to defend himself even though his opponents obviously don’t need witnesses to attack him.

    Reply
    • Alan Wilkinson

       /  October 3, 2018

      And if he hates Democrats they have only themselves to blame.

      Reply
      • Patzcuaro

         /  October 3, 2018

        I suppose victims of sexual violence only have themselves to blame especially f they are lefties.

        Reply
        • Alan Wilkinson

           /  October 3, 2018

          If they use themselves as political ammunition that is certainly true .

          Reply
  4. Patzcuaro

     /  October 3, 2018

    Based where things stand today Mike Godwin sums it up neatly acquittal at trial but not fit for lifetime job in Supreme Court. Putting aside the sexual allegations, the drinking isn’t the problem, but Kavanaugh doesn’t seem to want to front that period of his life. A Supreme Court Judge needs to be able to address issues in a calm and rational manner. Under pressure he cracked in front of the Senate and we on the attack where he should have calmly addressed issues.

    Reply
    • High Flying Duck

       /  October 3, 2018

      He shouldn’t have to front that period of his life. He was a child.

      Reply
      • duperez

         /  October 3, 2018

        He still is, at least for the job he’s up for.

        Reply
      • Kitty Catkin

         /  October 3, 2018

        Well, not quite a child, but very young.

        My brother and his friends were rather wild at that age, underage drinkers and dope smokers.

        When I hear about them now, it’s hard to reconcile these successful men (one, with his wife, runs one of NZ’s most successful fashion houses, another is a financial expert, another has done well in the recording industry and so on) with the scruffy, boozy boys that they once were.

        Reply
  5. Joe Bloggs

     /  October 3, 2018

    As Patzcuaro said and based on the facts we have right now, if I were a juror in a criminal trial of kavanaugh, i’d vote for acquittal.

    If I were a senator I’d vote against his confirmation for SCOTUS.

    The consistency between these two positions shouldn’t be hard to grasp, even for the hammerheads.

    Reply
    • MaureenW

       /  October 3, 2018

      According to your summation, my money is safely on his being confirmed then.

      Reply
    • High Flying Duck

       /  October 3, 2018

      Based on the facts we know now, there wouldn’t be a criminal trial or any investigation to have a jury vote on.

      Reply
    • Pink David

       /  October 3, 2018

      “If I were a senator I’d vote against his confirmation for SCOTUS.”

      That was always your position from the start.

      Reply
    • Trevors_elbow

       /  October 3, 2018

      Your judgment is therefore suspect as it’s based on a smear campaign by the Dems. No surprise though as your pathological hatred of anything attached in any way to Trump is legendary

      Reply
  6. MaureenW

     /  October 3, 2018

    “ but partisan crap aside”.
    This is only partisan crap. How about we talk about the parlous state of the Democratic Party and the havoc they have wreaked upon the Us since they lost power.

    Reply
    • Patzcuaro

       /  October 3, 2018

      How can a party that is not in power wreck havoc on the US? The Republicans seem to be doing an admirable job all by themselves, lead by a carpetbagger with few morals. The conservative voters in the US turn a blind eye to all that, provide they maintain their privileged position in society.

      The Sumpreme Court has been finely balanced more or less in line with society as a whole but if it moves to the right it will become out of touch with a majority of the people it presides over.

      Reply
      • Corky

         /  October 3, 2018

        Translation: The Constitution is only one factor to consider in any deliberations. In actual fact it should be the only consideration.

        Reply
    • Joe Bloggs

       /  October 3, 2018

      Dems wreaking havoc … says the supporter of the partry that has had the oval office, the senate and the house of reps in its control for two years now

      Reply
      • MaureenW

         /  October 3, 2018

        Lets watch and see Joe.

        Donald J. Trump‏Verified account @realDonaldTrump · Sep 30
        Wow! Just starting to hear the Democrats, who are only thinking Obstruct and Delay, are starting to put out the word that the “time” and “scope” of FBI looking into Judge Kavanaugh and witnesses is not enough. Hello! For them, it will never be enough – stay tuned and watch!

        Reply
  7. Joe Bloggs

     /  October 3, 2018

    Benjamin Wittes, lonmg time friend of kavanaugh, and held up yesterday by High Flying Duck as a character witness for him:

    I have known Brett Kavanaugh for a long time—in many different contexts. I am fond of him personally. I think the world of him intellectually. I don’t believe he lied in his Senate testimony. I don’t believe he’s itching to get on the Supreme Court to protect Donald Trump from Robert Mueller. I’m much less afraid of conservative judges than are many of my liberal friends. As recently as a few days ago, I was cheerfully vouching for Kavanaugh’s character.

    That said, the allegation against him is, at least so far as one can tell from the press reports, credible, and it deserves to be taken seriously.

    If Kavanaugh were to ask my advice today—and to be clear, he hasn’t done so—I would tell him he almost certainly should have his nomination withdrawn.

    https://www.theatlantic.com/ideas/archive/2018/09/kavanaugh-confirmation/571021/

    Wittes wrote that ten days ago – I sincerely doubt he’d say anything different today

    Reply
  8. echoes of : “I did not have sexual relations with that woman.. Ms L’ & even ‘I tried it man.. but I didnt inhale’

    For the ‘average Joe’ these things are often brushed aside.. BUT if you are applying for the top jobs, then obviously greater scrutiny needs to apply, esp. IF they have, reportedly broken a ‘more serious’ laws ?

    There are allegations that this woman, is just a democrat ‘put up’.. but she is not the only one. Others are now ‘coming out of the woodwork’ & there are even stories that Kavanaugh was a leader of a culture of excessive boozing/Drugs ? & ‘sexual misconduct’ at his private HS/Uni ??

    MrT of course; is ‘backing HIS man’.. :/

    Reply
    • Zedd

       /  October 3, 2018

      BUT… is MrT really a credible supporter/promoter ?
      with numerous allegations, that he has also sexually assaulted many women.. part of the $million/billionaires-club culture ? :/ 😦

      Reply
  9. Blazer

     /  October 3, 2018

    Reply
  10. Blazer

     /  October 3, 2018

    Reply
    • Kitty Catkin

       /  October 3, 2018

      What an insult to women ‘plying her with drink.’ is.

      The idea that women are so stupid that they can’t tell that they are drinking to excess and will meekly down any drink that they are given is offensive. It tmeans that women are not capable of taking responsibility for their own actions.

      Men, on the other hand, are in control of their own actions as well as being predators whose victims are helpless against this superiority of the male sex.

      Reply
      • Alan Wilkinson

         /  October 3, 2018

        Exactly, Kitty. Infanticizing young women is the real crime against humanity. Men are more liikely to be victims of violence than women but no-one says they are not responsible for keeping themselves safe.

        Reply
        • Kitty Catkin

           /  October 3, 2018

          It would be inconceivable not to tell people to look both ways before they cross the road and not take other basic precautions, but if anyone suggests that young women don’t drink themselves insensible and other such risky behaviour there seems to be a kneejerk reaction that it’s victim blaming. I find the plying with drink statement seriously annoying. Nobody would use that as an excuse for a man who was drunk and had something happen to him.The chances are that the man would be given credit for being responsible for his own actions and not being such a fool as to not know what excess alcohol does to people.

          The Rape Prevention once had a video of a girl who really fancied a boy and it was taken for granted that they were going to have sex. Off she went with her best frillies on, met the boy, went upstairs with him and changed her mind on the way.. she didn’t tell him this, just went along with it. The boy had no way of knowing that rhe girl didn’t want to do it….but because she didn’t, even though she didn’t say soit was classed as rape.

          Reply
  11. High Flying Duck

     /  October 3, 2018

    And now Ford is coming under some scrutiny:

    Reply
    • High Flying Duck

       /  October 3, 2018

      Reply
      • Kitty Catkin

         /  October 3, 2018

        Moral; don’t lie unless you know that you can’t possibly be found out.

        Reply
        • Alan Wilkinson

           /  October 3, 2018

          I doubt Ford knows what is true and what is not by now. When you have made a career of self analysis you have created your own reality.

          Reply
          • Kitty Catkin

             /  October 3, 2018

            I would imagine so.

            Reply
          • High Flying Duck

             /  October 3, 2018

            She also co-authored a paper on using hypnosis to restore memories. The paper notes that memories can be contaminated.
            She has refused to hand over the counsellor notes she says corroborate her story, or to provide the full polygraph information.
            This may make her skeptical and careful, but it also makes her story entirely reliant on her say so.

            Reply
      • Patricia

         /  October 3, 2018

        I had wondered why Mitchell asked her that. Now we know why.

        Reply
  12. David

     /  October 3, 2018

    https://www.foxnews.com/politics/christine-blasey-ford-ex-boyfriend-says-she-helped-friend-prep-for-potential-polygraph-grassley-sounds-alarm

    Unbelievable, she is a liar about a dozen times over but her Go Fund Me page has made her a millionaire and thats not counting what the Dems would have given her.

    Reply

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