But what about the Kavanaugh case?
Warning: If you are a Republican, you won’t like my conclusion, and you won’t like my reasons. If you are a Democrat, you’ll like my conclusion, but you won’t like my reasons either.
About 10 days ago, I wrote on Twitter that I believe that both Ford and Kavanaugh are telling the truth as they remember it. And more importantly I said, whether fair or unfair to Kavanaugh, Trump ought to withdraw his nomination of BK for SCOTUS. This remains my position today. Below, I will explain my primary reason for this stance, and also bring up some miscellaneous points about the case that will be new to many of you.
I agree with those who feel that the Kavanaugh situation we are currently facing is more like a job interview than a trial, but my view is slightly different. When an employer is filling an open position, she is NOT out to be “fair.” Aside from legal discrimination issues, the employer is not (and should not be) under any obligation to make sure she is hiring the “best” applicant; she merely wants to hire someone who is well-qualified for the job. My point, then, is that in the process, the employer may pass over some applicants who actually are extremely well qualified but whose good qualities are not fully in evidence. The employer has neither the time nor the obligation to dig up such evidence — nor to dig further to find exculpatory evidence if something negative appears on the surface.
In filling a seat on the Court, we, the “employer,” want to be sure the person chosen is well-qualified, which includes qualification in terms of character. If we are not fully satisfied regarding character, we must err on the side of caution, in this case meaning not selecting BK. We have neither the time nor the ability to dig well enough to truly know what happened in 1982. This may well not be fair to him, but as the employer we have no obligation to be fair. I believe Trump should withdraw the nomination, with apologies to Kavanaugh for possible unfairness.
As noted, I still believe this, 10 days after my tweet. I must say, though, that Ford’s testimony raised some concerns in my mind as to whether her claims are fully accurate.
First, there is Prosecutor Mitchell’s probing of Ford during the hearing regarding Ford’s claimed fear of flying. Ford said the events of 36 years ago made her claustrophobic, causing her to be terrified of flying. Yet Mitchell pointed out that Ford enjoys trips to Hawaii and the South Pacific, flights that take 5 to 15 hours or more.
Second, Mitchell asked whether, in Ford’s July 2018 interview with the Washington Post, Ford had shown the reporter her medical records involving her emotional problems. Ford said she could not recall. This is something that Ford should have remembered, and if not, I really have trouble trusting Ford’s memory of the events of 36 years ago, even accounting for the fact that traumatic events tend to stick in one’s memory.
Ford lives in Palo Alto, a staunchly liberal community. It’s basically a hotbed of anti-Trump feelings. One local resident told me that there is no way he can divulge to his friends and neighbors that he voted for Trump. I can easily envision a situation in which Ford’s friends and neighbors — she said she was influenced by her “beach friends” — egged her on, urging her, “You must speak out! This is your chance to bring down Trump and the right wing currently in power! It’s your responsibility as part of the Resistance!” I don’t mean to say Ford is lying, but I think it is quite possible that these exhortations “clarified” her memories of 1982.
Speaking of memory, I have to likewise point out that if Kavanaugh really is the animal that Ford claims — and yes, there are lots of guys like that out there — Kavanaugh would have thought nothing of the incident at the time, and thus would not remember it today.
By the way, I do not fault Kavanaugh for his emotional testimony last week. How would you be reacting if you felt your entire reputation, to stay with you for a lifetime, was being grossly unfairly attacked? Former California Assembly Speaker Willie Brown, a Democrat’s Democrat, said of Kavanaugh’s outburst, “Look, he was just being human. We can’t expect someone to stop being human just because he is a judge.”
Like many people, I am worried about the alarming increase in sensitivity and polarization on many issues. This morning I heard a radio report about an “all-male ballot,” and it took me a few seconds to realize they had said “all-mail.” 🙂 We all need to calm down.
Upon Closer inspection 
“We are what we always were in Salem, but now the little crazy children are jangling the keys of the kingdom, and common vengeance writes the law!”
― Arthur Miller, The Crucible
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What would u think of the BK nomination if the Ford woman from palo alto never entered the picture. But then do any opinions coming from a sanctuary state collapsing under its own weight hold water?
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I did not have much of an opinion on Kavanaugh before Ford, but what I saw was positive. I watched parts of the original testimony, and found his reasoning plausible and careful, someone who really enjoys discussing legal philosophy. I found the attacks on him implausible.
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This is the second time the Democrats have used an unsupported (and probably false) accusation of sexual impropriety as a nuclear weapon to preserve their program of legislation from the bench.
Woe betide the nation if the Republicans ever decide to respond in kind.
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Woe betide the nation if the Republicans ever decide to respond in kind? What, like steal a Supreme Court seat? In my mind, Republicans have no complaint regarding the Supreme Court until Democrats are able to steal back the seat stolen by the Republicans. Of course, that would not excuse false charges against Kavanaugh, if any of the accusations were false.
Still, I agree with those who say that Kavanaugh disqualified himself with his statements at the hearing. One of those is former Supreme Court Justice John Paul Stevens. According to the article at https://www.nytimes.com/2018/10/04/us/politics/john-paul-stevens-brett-kavanaugh.html :
> Justice Stevens said he came to the conclusion reluctantly, changing his mind about Judge Kavanaugh’s nomination after the second round of the judge’s confirmation hearings last week. Judge Kavanaugh’s statements at those hearings, Justice Stevens said, revealed prejudices that would make it impossible for him to do the court’s work, a point he said had been made by prominent commentators.
Likewise, the article at https://www.washingtonpost.com/education/2018/10/04/unprecedented-unfathomable-more-than-law-professors-sign-letter-after-kavanaugh-hearing/?utm_term=.fc05d77882cc quotes a letter signed by more than 2,400 law professors:
> The letter to the Senate cites two laws governing bias and recusal, noting, “Judges must step aside if they are at risk of being perceived as or of being unfair. …
> “We have differing views about the other qualifications of Judge Kavanaugh,” they wrote. “But we are united, as professors of law and scholars of judicial institutions, in believing that Judge Kavanaugh did not display the impartiality and judicial temperament requisite to sit on the highest court of our land. “‘
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As a woman who was sexually assaulted in her own freaking office in the PENTAGON while wearing that sexiest of outfits, the USAF officer uniform, I can tell you that I remember every detail, only because that was the day of a promotion and my assailant was “indoctrinating me into some Navy customs” (he was a Navy commander). He also locked my door and in a soundproof vault, no one heard me.
I reported, he got a letter in his file “for as long as he stayed in the DC area”, and went on to retire and have a glorious civilian career. I OTOH was told I shouldn’t smile, and I can not ever take a job in DC until this man is physically gone. He could easily show up.
A few years later, I was the recipient of groping and other assaults in a civilian engineering job, including having my shirt lifted up to expose my breasts in front of male colleagues. Not a single male supported my reporting. Not one.
When this stuff happens, it almost always is sudden, and you are taken off-guard. You want to survive. You focus on that. And you think of others in your life, husband, babies, friends… To this day I panic whenever there is a reorg in my company because that guy could theoretically be my boss.
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I’m sorry to hear of your experiences. As a male in my late 20s, a young woman grabbed my groin mid morning. I contemplated reporting her, but knew she might experience big consequences, possibly termination, or being fired. Or I could get in trouble.
The problem with the wild accusations from the woman from Palo Alto was virtually nothing made sense, or was corroborated. She couldn’t recall the year, the place, etc. Further, she appeared to lie and embellish, seemingly for political purposes.
Meanwhile, accuser number 3 claims, as a college student, to have repeatedly attended high school party’s where gang rapes occurred. These wild accusations backfired on the radical Liberals.
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I respectfully disagree. We live in a age of mendacity. If we do as you suggest then we give anyone willing to lie convincingly veto power. That is a bridge too far. In recent decades my Republican elected officials have been a very timid bunch. Anytime it is suggested they are racist or misogynistic or whatever even on the flimsiest evidence they put their tail between their legs turn around and run. Just as Arizona Senator Jeff Flake is doing now. This has made it easy for Democrats to manipulate them and in recent times become bolder and reckless. The willingness to stand by his decision in face of a huge amount of criticism is amount the things I admire about Trump.
This is about much more than a job. It is about whether the words of the constitution and the intent of the founding fathers in writing them matter or is it is a “living breathing document” where what it should say matters.
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Let’s revisit this in 90 days and see where we ended up.
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Norm, we can agree you are not a psychiatrist. Your blog. Your opinion.
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I think we need to get back to a state where it requires 60 votes in the Senate to confirm any nominee to the federal judiciary. That may not be possible, given the country’s extreme polarization, but it is nonetheless a worthy goal, and something to aim for, eventually.
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The Democrats changed that rule, Ron.
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Agree on all points, with qualifications. Bl’s outburst indicates temperment. Very human, but not what is desirable in a judge. His partisanship also makes his ability to be at all objective and fair questiinable. Given the importance of the office, all the doubts about BK disqualify him. Ford may have some issues, but the multiple reports of the BK heavy drinking and sexual behavior support Ford. In a job interview it’s all enough to disqualify BK.
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Difference is, when you’re turning down a job applicant, you’re usually NOT doing it publicly, and leaving major questions about him in the minds of the public and other possible employers. The accusations made against Kavanaugh are the kind that have brought down many figures more public and better known than he is, most recently Bill Cosby, Harvey Weinstein, Matt Lauer, Charlie Rose, and so on.
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Norm –
I respectfully disagree. Although I dislike Trump the man and Trump the businessman, I think he is the best president in my 66 years on this planet, and my father of age 94 agrees. The Senate Republicans have let the left hijack the whole process.
The Democrats have drawn one too many lines in the sand and it’s now time for the Republicans to grow some balls, get on with business, ignore obstruction by the Leftists, and confirm the guy.
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Fine, but this ever-escalating division is disastrous for the nation.
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It will pass. The United States is undergoing a huge change, so we are going to see a lot of ramifications of this change. But it is a necessary change. And it’s not just happening in the US. It’s also happening in Europe. Immigration is the biggest issue concerning us, both LEGAL and ILLEGAL, and the American working class who still has a rational mind has had ENOUGH! We no longer want neoliberal globalists (both Democrats and Republicans included) dictating how our country should be run. We want the change now, and we want Political Correctness to end.
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Most of my past I cannot remember. Some I do remember but not much of the details, like the exact order of events or the timing of events. Some I remember in vivid detail, including the tone of people’s voices and visual images. The latter i remember because they were significant at the time. Back then I probably spent a lot of time thinking about them, such as the 3 car accidents I was in (one of which I was driving). Another was significant because someone was seriously hurt an I ran to the police station I knew was just down the street. The third was significant because I suggested to the driver (a friend of a friend who was the only other passenger) how to evade liability with a plausible story. So count me out for a seat on SCOTUS.
The events in the news, if they really happened, may well have been insignificant to Mr. Kavanaugh, at that time, and thus not being set as well in his mind as they were for Ms. Blasey (not married until 2002) who likely spent many anguished nights thinking about it back then. And I wonder how her field of study, and her experience, impacted each other, and to what extent this influenced her ability to remember this.
I fully agree with both the conclusion and reasoning in this article. I have come to no conclusion as to the actual facts in this situation.
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Sorry about your dashed hopes for a seat on SCOTUS. 🙂 And thanks for sharing, interesting points.
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Clarence Thomas, Judge Bork, and now this despicable travesty. Further evidence has come forward of the mendacity of Ms Blasey, and her likely elaborate fabrication and silly lies.
The lie about the need for an escape door because of her anxiety. No second door in her Santa Cruz beach house, and the Palo Alto door addition can be verified against building permits. She was off by years, and the second door actuality facilitated a rental unit / psychotherapy clinic for a Dr. Randall.
In a recent sworn statement to Senate Judiciary Committee, her ex-boyfriend (Brian Merrick) accused her of lying (under oath) about the polygraph prep, along with cheating and credit card fraud. In high school, Ms Ford was a heavy drinker and passed out at partys (HS yearbook). There are many more lies and fabrications.
But here’s the whopper. It’s meaty, and new. I’ll be brief. Recall she said she never coached anyone on taking a lie detector test? And she was so overwhelmed being at that Congressional meeting, being so unprepared and new to it all.
Her ex boyfriend, in a sworn statement, said he witnessed Ms. Ford coach Monica McLean on how to perform well on a lie detector test years ago. For a job at the … FBI. It gets better. Her BFF got the FBI job.
Dr. Blasey-Ford was in Rehoboth Beach, DE, on July 26th July to write her statement against BK. Who else was in Delaware?
Her life-long BFF, Monica L McLean, who had worked as an attorney and POI in DOJ/FBI in Rehoboth Beach, DE for over 20 years! The ultimate insider! She didn’t write her statement in California, she wrote it in Delaware. And her BFF, recently retired FBI lawyer, joined her in DC for her testimony!
So she lied about not coaching someone, and there is a high probability her dear FBI friend helped shape her letter, and testimony. Coincidentally, Ms. McLean has had her last 6-8 years internet activity scrubbed. Just like BKs accuser.
It’s an elaborate smear, and the crooked FBI leadership as no love for President Trump.
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Saw a story about her ex-boyfriends testimony. It was very disturbing. Credit card fraud, infidelity and all these lies. Its hard to take her seriously.
During her testimony she mentioned “Country Club” and a couple other phases. That and her “baby” voice left me with the impression she was a rich brat. Not that rich women who haven’t been sexually assaulted shouldn’t be taken seriously. But for something that has defined her life, why can’t she remember any important details? The sex crimes prosecutor who interviewed her said her testimony was weaker than “He Said/She Said”. This kind of accusation diminishes the stories of proven sexual assault victims.
And if she has remembered Kavanaugh over the decades, why didn’t she speak up before or during his many appointments? Why not when he was up for US Circuit Judge?
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The Democrats are always insisting on rehabilitation and merciful punishments — but only for themselves and their voters. Frankly few men guilty of the conduct alleged could live as he’s lived for some 32 years of adulthood. If indeed he really did as Ms. Ford claimed, wouldn’t the man’s adult life prove that his character is well-suited for the job?
The Democrats have been re-writing US law from the bench for 80 years by an assortment of stunts; Republicans have generally accepted the judicial nominees named by the President. This is just another case of ad hoc rule-making and another phony double standard.
Republican presidents are consistently warned to nominate “moderate” Republican judges and all too often do so. Think of how many Republican justices have in fact voted mostly with the Democrat justices in key cases and then think of how many Democrat SCOTUS justices have voted most often with the Republicans in key cases.
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Twenty years … looks like we’ve achieved parity.
BK is right – “What comes around comes around.” (sic)
1998 – This is—the great story here for anybody willing to find it and write about it and explain it is this vast right-wing conspiracy that has been conspiring against my husband since the day he announced for president.
Hillary Clinton
2018 “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, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”
Brett Kavanaugh
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When the dems believe the women that Bill Clinton assaulted, I’ll believe Ford. Until then, all this is a private matter.
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Kathleen Willey’s interview on 60 Minutes and Juanita Broddrick’s testimony are 100 times more compelling an believable that Ms. Fords. Yet the SJWs of the Left put those aside and voted in Bill Clinton to the Presidency twice.
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The president does the job interview part. The Senate’s function is similar to an upper management approval, and usually given absent something extreme. While not a formal trial, we are still constrained by some of the philosophal principles used in a trail. Matloff thinks he knows what goes on in person’s mind. Most of us are not so pretensous. We do know there are little to no facts to back the allegations against Kavanaugh who has a public record by which we can judge him. We have his written opinions that tell us a lot about the kind of justice he will be. I’m really surprised Matloff posted this piece. Not that he cares what I think.
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You’re illustrating the veracity of one of my statements, which was that neither Democrats nor Republicans would like my reasoning. 🙂
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Much has been said about now Justice Kavanaugh’s “temperment”. News media reported that his daughters’ lives had been threatened. Based on his having his children threatened in such a manner, I believe he was quite reserved compared to what most of us would say or do.
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If we have to “err on the side of caution”, then anyone who says anything should prevent you from working. “Oh I think Norm Matloff did XXXXXXXX. Time to err on the side of caution and get him fired/not hired/ drag his name through the mud”. ANYONE can accuse ANYONE of ANYTHING
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To the Perot person, do not mock the second door. I was assaulted with my office door blocked and 38 years later, I still need an escape route when in a room.
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I don’t believe I mocked it. Her allegations don’t seem credible or consistent.
I was hazed with a potentially devastating joke / threat 3 decades ago by 2 seniors in high school. A spontaneous physical threat.
I can name the 2 people, the exact location, the year, the approximate time, etc. It might be a he said, he said. I never reported it as I was young, they had status, I didn’t.
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