With The New Yorker’s revelations today of another potential sexual assault victim of 53-year-old Supreme Court nominee Brett Kavanaugh, the Senate Judiciary Committee, chaired by Sen. Chuck Grassley, must withdraw Kavanaugh’s nomination. It no longer matters whether the FBI investigates the allegations or not. What matters now is at least two women, including 51-year-old psychology professor Christine Blasey-Ford, have come forward with similar stories. Kavanaugh’s categorical denials are entirely irrelevant. What matters is that no Supreme Court nominee can have women coming out of the woodwork claiming sexual assault, whether the allegations are true or not. Unless Grassley and GOP members of the Judiciary Committee can prove an orchestrated Democrat plot to defeat Kavanaugh, the GOP must fold its cards. Kavanaugh’s no longer a viable Supreme Court nominee.
New Yorker Magazine reported today the 53-year-old Yale graduate Deborah Ramirez claims that Yale freshman Brett Kavanaugh, at a drunken dorm party in 1983, pushed his naked penis in her face. Whether the incident is true or not, subject to embellishment or distortion, it’s unacceptable for a Supreme Court nominee to have any such allegations. Trying to pull Kavanaugh out of the quicksand would take the entire GOP down in November’s Midterm elections. Whatever Kavanaugh’s stellar record as a Circuit Court judge or special counsel of former President George W. Bush, no Supreme Court nominee can be pushed forward for political purposes without suffering serious damage. Grassley and the GOP haven’t yet come to grips with the reality that Kavanugh’s nomination process is over. Grassley must cancel Blasey-Ford’s scheduled testimony in the Judiciary Committee.
Whether or not anything along the lines of Blasey-Ford or Ramirez took place is no longer the issue for Grassley’s committee. Authorized under Article 1, Section 8 of the Constitution to give advice-and-consent for judicial appointments for the Supreme Court and the federal judiciary, no House or Senate Committee can usurp the law enforcement wing under Article II of the Constitution related to executive power. No House or Senate Committee has the resources or expertise to investigate potentially criminal backgrounds of nominees or appointees to the federal bench. Only the FBI, under the Justice Department, has the capability to investigate facts related to the kinds of allegations now made against Kavanaugh. Grassley needs to throw in the towel and refer the matter to the FBI, whether or not they do anything with the referral. There’s simply no time-or-place for the Judiciary Committee to continue.
Grassley and the GOP must show proof that the allegations by both women are part of a Democrat conspiracy to stop Kavanaugh’s nomination. If there’s no such proof, Grassley must refer the matter out to the FBI for appropriate disposal. Saying the women’s charges are “designed to tear down a good man,” no longer caries any weight, unless there’s proof of a Democrat conspiracy to destroy the nomination. Two women, with apparently no political motives, have stepped forward to share past experiences with Kavanaugh during his years in high school and at Yale. Ranking Democrat Sen. Diane Feinstein (D-Calif.) called for an “immediate postponement” of any future hearings on Kavanaugh’s nomination. But Feinstein should call on President Donald Trump to withdraw the nomination, not postpone future hearings. Kavanaugh does not have the votes for confirmation.
At least two, if not more, GOP senators, including Sen. Susan Collins (R-Maine) and Sen. Lisa Murkowski (R-Alaska) will not vote for Kavanaugh now or ever. Without their two votes, Kavanaugh cannot win confirmation with every Democrat and independent voting against him. Without the votes, there’s no point in moving forward the Kavanaugh’s confirmation. With a date-and-time set for Blasey-Ford’s testimony next Thursday, Sept. 27, Grassley must withdraw the nomination and end the media circus connected with televised hearings. If no other women came forward, Kavanaugh was likely to loose Collins and Murkowski’s vote when the full Senate votes. Going ahead with Blasey-Ford’s hearing makes zero sense when Collins and Murkowski could never back Kavanaugh. Gassley must face the music that the Judiciary Committee can no longer provide advice-and-consent on Kavanaugh.
Grassley and GOP members of the Senate Judiciary Committee must face the fact that Kavanugh is no longer a viable candidate for confirmation. No House or Senate Committee can do the kind of investigation needed to clear Kavanaugh now or in the future. With a second woman coming forward to share her experience with Kavanaugh, there’s a preponderance of evidence against the former Circuit Court judge. Whether he’s a competent Appellate Court judge or great family man today, doesn’t mean he didn’t do foolish things in his youth. While there’s always room for redemption for youthful indiscretions, it’s just not part of the Supreme Court confirmation process. No Supreme Court nominee can have unconfirmed charges of sexual assault, or, the very least, drunken episodes of inappropriate behavior. No Supreme Court nominee can afford one unconfirmed allegation, certainly not two.
