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Opinion & Editorial

The Brett Kavanaugh Confirmation: An Ugly Mess 

Kavanaugh’s confirmation process has become a political flashpoint. (Wikimedia Commons)

Brett Kavanaugh’s confirmation hearing has devolved into a complete circus.
 

From the onset, the judge was asked leading questions and mercilessly grilled by Democratic senators like Hirono and Harris, who tried to pander to their base by exposing Kavanaugh’s conservative bent. Then Senator Corey Booker took it upon himself to incriminate Kavanaugh by leaking classified information in a foolish breach of protocol that accomplished nothing. 

But when Christine Blasey Ford, a Stanford professor, came forward with sexual assault charges against the judge, all hell broke loose. Proper handling of the situation could have prevented this debacle from spiraling out of control, but instead it was completely botched.

For starters, Ford’s allegations should have been investigated by a private entity in a private hearing. Instead, her charges were aired–through no fault of her own–in the court of public opinion. In a situation eerily reminiscent of Justice Thomas’ 1991 confirmation, Kavanaugh’s reputation has been unfairly and prematurely tarnished due to unsubstantiated allegations. So because Ford’s allegations were turned into a public spectacle, even if he were to be confirmed, the legitimacy of Kavanaugh’s position on the bench will forever be in question, which is unjust to him and quite unhelpful for the Supreme Court. 

Of course, this would have required Ford’s allegations to have been brought up during the official confirmation process. Instead, Diane Feinstein sat on this information since July. She and her colleagues waited until now to unearth it. For all intents and purposes, this looks suspiciously like a blatant attempt to stall the confirmation until after midterm elections. And even if it isn’t, and the timing is purely coincidental, Democrats cannot honestly expect those concerns not to be raised.

But even if this case were to undergo an investigation, it is highly unlikely that anything would come of it. In the absence of witnesses, the case would most likely be he-said-she-said. And regardless of your feelings toward Bret Kavanaugh or his politics, he is innocent under law until conclusively proven guilty. 

If Kavanaugh were to be convicted, it would raise the sticky predicament of how to deal with such crimes when they were committed thirty years ago by intoxicated juveniles.

That said, Christine Blasey Ford’s allegations deserve and demand an investigation. To take them lightly or blow them off as some Republicans have is entirely unacceptable. 

This matter isn’t only about whether this alleged assault happened. This is about a potential Supreme Court justice’s integrity and honor. 

The so far unproven charges by themselves are not enough to convict Kavanaugh or bar him from the bench. But he categorically and unequivocally denied them. So if an investigation deemed these charges valid, not only would he be guilty of gross and unacceptable misconduct but also guilty of lying about it under oath. And that is certainly grounds for his denial. 

Many are wondering what the solution is and how it can be remedied.

It can’t be entirely. Irreparable harm has already been done to Kavanaugh’s good name and, through harsh rebuttals and victim-shaming the same is happening to Christine Ford as it did to Anita Hill. 

There is still time for a private hearing and investigation, however. Just because Ford’s charges may not be corroborated or verifiable, and thus may not lead to anything, doesn’t mean that they shouldn’t be investigated. Again, it is crucial that they are looked into.

But this should happen behind closed doors in a non/bipartisan setting with investigators of the same nature. And though it should be duly thorough and not rushed by any means, such a hearing  should be initiated promptly, with the verdict coming before midterm elections, giving senate’s democrats the chance to prove that this is indeed about Kavanaugh’s integrity and getting to the bottom of these important allegations-not a mere stall tactic being used to further a partisan agenda. 

We should all hope this happens and that a peaceful compromise of this nature is adopted. Because if not, the coming days will be filled with more mudslinging from both sides of the aisle, and things will get far uglier than they already are. 

 

 

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