Friday, September 28, 2018

Kavanaugh v. Ford

I blame my son for this morning’s foul mood. Him, and another cloudy, misty day in the forecast. Patrick sent me a text yesterday afternoon bemoaning the tragedy unfolding on national television. It was getting worse and worse, he said. It sounded to me like he wanted my opinion. I offered this...

I haven’t been watching, but I’m gonna go out on a limb and guess that liberals believe Ford and conservatives believe Kavanaugh. Liberals are convinced that he’s guilty and should withdraw, while conservatives believe that he’s a victim of an orchestrated characters assassination. How close did I come?

Patrick: Pretty close, yeah.

So, thanks to my son, the Kavanaugh confirmation debacle got deposited into the front row of my consciousness at just about the time I had managed to shove it in a closet down the hall, right across from pending doctor’s appointments. In fairness to him, it’s not like I wasn’t aware that it was going on, rather, I had purposefully limited my access to news about it. When you are on vacation, the very last thing you want to be thinking about is national decline and civilization’s retreat. To make matters considerably worse, my sister stormed through the house right after Patrick’s text in high dudgeon, informing me that she had just gotten off the phone to both Warner and Caine’s offices, expressing her outrage at the proceedings. When I failed to respond, she snapped, So, you’ve just totally disengaged, is that it? The honest answered would have been...Yes, yes I have, as a matter of fact. Then, a friend sent me a long private message laying out his thoughts, wanting my take. He considered it a binary choice between two bad options, much like Trump vs. Hillary...another in a long series of Faustian bargains which have been forced upon us since the arrival of this reality show presidency. 

Almost three months ago when the Kavanaugh nomination was announced, I tweeted the following:

I don’t know the first thing about this Kavanaugh dude...but by the time the Dems get through with him, he will make Hannibal Lecter look like a Boys Scout.

Why such a dour prediction? The Gorsuch nomination had gone through with little fuss or fireworks. Well, Gorsuch was a replacement for Scalia, which would have no bearing on the Court’s direction. There was no point for the Dems to waste ammunition on him. They were always keeping their powder dry for a nomination to replace either a liberal justice or Kennedy’s swing vote. That nomination was going to be all out war. So...one week before the vote, an avalanche of skeletons come storming out of the fever swamps of Kavanaugh’s high school yearbook, and it’s on! I take no pleasure in being right about how this was going to play out.

I didn’t watch yesterday. My understanding is that no collaborating evidence was offered to substantiate Dr. Ford’s claims, other than her memory of the event. Apparently, she was a compelling witness. Many people commented on her bravery and courage. Judge Kavanaugh’s statement was also powerful and emotionally charged, defiant and full of fire. Some seemed concerned by this, believing it dispositive of an unjudicial ill-temper. I feel 100% certain that those making this charge have never had their reputations trashed on national television in front of 100 million people...along with their two daughters.

I do not possess the ironclad certainty which is the blessing of partisans. I can’t simply take my cues on what to think based solely on who wins and who loses as a result. I am burdened by the facts that are available to me. Part of me ponders the eleventh hour nature of this revelation, the way it was held in reserve, a rusty trap to be sprung at the last minute, designed to cast doubt by raising what the Dems knew would be an unfalsifiable, impossible to collaborate charge. But, another part of me ponders why anyone would volunteer to have themselves thrust into the national limelight and the prying eyes of millions, for a made up story? When the first accusations were followed by three or four(I lose count) others, I start to wonder what the hell the FBI was doing the six previous times they performed background checks on this guy? You mean to tell me there was a band of gang rapists showing up practically every weekend at parties which Kavanaugh attended for months and months, and the FBI could find nothing about them? Not one speck of evidence? But I also start to ponder that age old adage about the simultaneous presence of smoke and fire. 

So, I am left with yet another Sophie’s Choice. Do I simply...believe the woman, and allow her unsubstantiated accusation bring down a nominee to the Supreme Court, the power of a suppressed memory being enough to override a lifetime of honorable legal service on the bench? Or do I support the confirmation of a man who is being accused of despicable behavior by a multitude of women from 30 years ago? Is this the best we can do? Apparently, in 2018...it is.

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