Judge Kavanaugh was angry, combative, and outraged at what he and his supporters called the unsubstantiated allegations against him. His opening statement was as compelling as the testimony of Dr. Ford earlier in the day.
It seemed that Kavanaugh was headed for trouble when he couldn't properly answer and deflect the crafty questions of Senator Durbin (D. Illinois) who asked him if-based on his opening statement in which he said he welcomed any investigation of the allegations-he would join in the Democrats call for the FBI to investigate. Durbin referenced Kavanaugh's time in the White House where he used the FBI to vet other judicial appointments. Durbin then- with some theatrics- asked Kavanaugh to lean over and tell White House Counsel Don McGahn to let the FBI investigate the allegations.
To the rescue of the beleaguered Judge first came committee Chairman Grassley (R. Mars) who bellowed that he was running this confirmation hearing, not the White House and not even Judge Kavanaugh.
Then, in the ultimate display of theatrics on day when high-drama was the norm in the normally staid senate, Senator Graham (R. South Carolina) asked for time and, disdaining the hired-gun prosecutor from Arizona that he and his colleagues had hid behind in the questioning of Dr. Ford earlier in the day, began a diatribe against the political nature of Supreme Court confirmation proceedings (Gasp!) and bellowing about the injustice of the worst thing he had ever seen in politics.
Senator Graham seemed to light a fire under the Republicans, who shuffled out of the first part of the hearings after Dr. Ford testified as if they were the Cleveland Browns playing the Patriots any time in the last decade. All of the sudden the need for the prosecutor from Arizona disappeared and she was never heard from again as Republican Senators took over the questioning of Judge Kavanaugh, asking him such pertinent questions of whether he believed in the almighty, and if so, if he could look his interlocutor in the eyes and tell him he didn't sexually assault anyone.
To the surprise of
Rumpole says: We have a been a voice in the wilderness for years about the unreliability of eyewitnesses. The science proves that memory in inherently unreliable. Dr. Ford's testimony was compelling. And believable. But we know that even if she believes it, it doesn't make it true. Judge Kavanaugh may well be innocent and if this was a criminal trial, there is nothing close to proof beyond a reasonable doubt. Not Guilty; even a JOA.
But this isn't a criminal trial. And that's where this gets hard. Judge Kavanaugh appears to have been a drunken lout in high-school and college. His explanation of the things in his yearbook, especially the Alumni society thing, and FFFFFF do not ring true-indeed we are convinced he outright lied.
And yet, his defense of himself-that he has placed more female clerks on the US Supreme Court than any other judge, and his considerable time spent with female law clerks, female law students, and his coaching of a high-school female basketball team with nary a complaint about his behavior is a powerful defense that he treats all women with respect and dignity. You don't just stop being a sexual predator. If he was trying to rape women in high-school and college, we believe the conduct would have continued throughout his adult career, absent intensive therapy- which could have well occurred.
So in the final analysis, what should happen here?
It is so very hard to say. We are leaning towards the belief that the Judge should not be confirmed. However, we are not sure. It's a very tough call.