Today, our GOP-dominated Senate will confirm Brett Kavanaugh as a justice on the Supreme Court of the United States. The process has been a nightmare for all to watch. It is painful for all Democrats to see Trump, who lost the popular vote by several million votes, place two justices on SCOTUS within his first two years. His choices do much to appease his evangelical base. Republicans, who used sexual assault as a weapon against Bill Clinton, hate to see it applied to one of their own, plowed through the proceeding as fast as possible.

It is strange that in this multi-faceted nation that stretches from sea to shining sea, Trump could find only Georgetown Prep boys for this job. Even stranger, only one Georgetown Prep boy faced charges of sexual assault.

As it has been pointed out, two presidents who lost the popular vote have had the power to transform SCOTUS into a platform for conservative ideology. We saw with the SCOTUS ruling on wage theft, the shift right is terrible for workers but great for employers.

David French claims “the truth matters” but does not care that Kavanaugh lied under oath. He feels that “Devil’s triangle” and “boofed” have been debunked, so all is well.

All is not well. Kavanaugh lied throughout the hearing. While under oath, Kavanaugh claimed this party “presumably happened on a weekend because I believed everyone worked and had jobs in the summers.” He further definitively states:

So let me emphasize this point. If the party described by Dr. Ford happened in the summer of 1982 on a weekend night, my calendar shows all but definitively that I was not there.

His calendar shows such that a party as defined by Ford happened on Thursday, July 1, where he went to a small gathering with several of the boys named by Ford for “skis” (brewskis.)

So according to his own calendars, he did indeed party during the week. He was 17 at the time and the drinking age was raised to 21 (coincidentally) on July 1, the day he went to Timmy’s for “skis.” For a 17–year–old on the cusp of drinking legally, the change in the drinking age would be memorable. But this is what he says about drinking in high school:

Yes, we drank beer. My friends and I, the boys and girls. Yes, we drank beer. I liked beer. Still like beer. We drank beer. The drinking age, as I noted, was 18, so the seniors were legal, senior year in high school, people were legal to drink, and we — yeah, we drank beer, and I said sometimes — sometimes probably had too many beers, and sometimes other people had too many beers.

Kavanaugh never drank legally as a senior. He never drank legally as a teenager in Maryland, despite his suggestion otherwise.

While under oath, Kavanaugh said that the witnesses “refuted” Ford’s testimony; this is simply not true. They did not remember the event, which is not the same as refuting her claim. Words matter, particularly in legal cases. Here we have a judge who shows his cleverness with using words in an effort to deceive.

What happens on the bus, stays on the bus,” Kavanaugh told a group of Yale students after describing a debauched bus ride that ended at Yale. During the hearing, he characterized it differently:

BLUMENTHAL: Let me ask you this, in a speech that you gave at Yale you — you described, quote, “Falling out of the bus onto the front steps of the Yale Law School at 4:45 a.m.” and…

KAVANAUGH: I wasn’t…


KAVANAUGH: … I wasn’t describing me. I organized…

BLUMENTHAL: … trying to…

KAVANAUGH: … Senator. Senator, let me finish, please. I organized a third-year end of school party for 30 of my classmates to rent a bus to go to Fenway Park in Boston, which was about a three-hour trip.

I bought all the tickets. You and I have discussed that before. I bought all the baseball tickets. I rented the bus. I organized the whole trip.

We went to Fenway Park. Roger Clemens was pitching for the Red Sox. We had a great time. George Brett was playing third base for the Royals — actually, he was playing left field that night. And he — and we went to the game, and got back, and then we went out. It was a great night of friendship.

BLUMENTHAL: I — I apologize for interrupting, judge, but I need to finish the quote before I ask you the question…

KAVANAUGH: I wasn’t talking about…

BLUMENTHAL: … The quote ends…

GRASSLEY: OK, we’ll let (ph)…

BLUMENTHAL: … the quote ends that you tried to, quote, “piece things back together,” end quote, to recall what happened that night. Meaning…

KAVANAUGH: I know what happened.

BLUMENTHAL: … Well, you…

GRASSLEY: Judge, let — will you quickly answer your question? And then I’m going to let him answer you…

KAVANAUGH: I know what — I know what happened that night.

BLUMENTHAL: I’ll finish asking my question…

GRASSLEY: Please, go ahead…

BLUMENTHAL: … your honor (ph).

GRASSLEY: … but do it quickly.

BLUMENTHAL: Doesn’t that imply to you that you had to piece things back together, you had to ask others what happened that night?


GRASSLEY: OK. You — you take your time now and answer the question.


GRASSLEY: And then, Senator Crapo.

KAVANAUGH: Definitely not. I know exactly what happened that night. It was a great night of fun. I was so happy that — it was great camaraderie. Everyone looks back fondly on the trip to Fenway Park. And then we went out together, a group of classmates. And I know exactly what happened the whole night. And I’m happy.

Kavanaugh worked very hard not to be asked the “black-out” question. And he asserted he was there to piece it all back together. Not asking others to piece together a blacked-out night. Falling off the bus drunk was not problematic in any way — it was “great camaraderie.”

What happens on the bus, stays on the bus

As one involved with the prosecution of Bill Clinton, Kavanaugh should know that lying under oath is an impeachable offense.

David French is dishonest in his claim that Ford refused to participate in an investigation. This is simply untrue. We do know the FBI refused to interview her and Kavanaugh. We did see that GOP senators interrogated Ford via a “sex crimes prosecutor,” but when the “female assistant’s” questions grew too hot for Kavanaugh, she was essentially silenced so that we could hear GOP senators fawn all over the judge. It was a disgusting display of sycophancy from people elected to enact checks and balances on the executive branch.

The Democrats erred in bringing the allegations against Kavanaugh very late in the process. I don’t understand the Democrats’ game these days but they’re clearly following a losing strategy — Republicans own the House, the Senate and the Executive branch and they own the majority of state legislatures as well.

Ford did try to get this resolved without going public. She was reluctant to come forward, anticipating the attacks she and her family have faced since the allegations were made public. But once out in the public forum, the charges needed to be addressed. Chuck Grassley, head of the Senate Judiciary Committee, put on quite a circus for the viewing public but the investigation was a sham. He hired a “female assistant,” a sex crimes prosecutor, to interrogate Ford. And then when her questions got too close for comfort to the truth with Kavanaugh, the boys stepped up and silenced their “assistant,” instead preferring a sickening form of fawning over Kavanaugh.

The FBI investigation failed to interview a number of witnesses. It was a sham, just like the hearing. Too many senators said they would vote for Kavanaugh in advance of the hearing’s conclusion to even give the pretense that it mattered at all (except as an annoyance) to Republicans.

And now a liar will be on SCOTUS. A liar who feels he is the victim of a Clinton revenge plot, who noted in his prepared opening statement that “what goes around comes around” and whose performance alternated from weepy nonsense to rage-filled drama.

David French believes rage to be an appropriate response for a SCOTUS nominee who was accused of sex crimes.

Yes, in that circumstance, fury and emotion aren’t just proper, they are arguably necessary.

What a ridiculous thing to say. No woman who behaved in such a way would ever get the job. And imagine what French would have said if either of the Clintons approached their numerous testimonies spitting with rage and melting into tears… French would never admire such behavior as “arguably necessary” if done by a Clinton.

We see now that Kavanaugh, the product of elite prep school and college education, a man who was interrogated by police in college for an aggressive altercation in a bar (drinking age was 21 at the time), a man who presented himself under oath as a studious and church-going young man, gets judged by a different set of rules. And this dishonest emotional train wreck of a man will be placed on SCOTUS.

And though Kavanaugh says that “what happens in Georgetown Prep stays at Georgetown prep” (strange how Vegas ad copy seems to be a prevailing theme in Kavanaugh’s life), what happens at the Supreme Court of the United States will effect us all.

God help us, everyone.

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store